[Title 32 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 32
National Defense
________________________
Parts 630 to 699
Revised as of July 1, 2018
Containing a codification of documents of general
applicability and future effect
As of July 1, 2018
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 32:
SUBTITLE A--Department of Defense (Continued)
Chapter V--Department of the Army (Continued) 5
Finding Aids:
Table of CFR Titles and Chapters........................ 353
Alphabetical List of Agencies Appearing in the CFR...... 373
List of CFR Sections Affected........................... 383
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 32 CFR 631.1 refers
to title 32, part 631,
section 1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
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evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
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``[RESERVED]'' TERMINOLOGY
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
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(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
that volume.
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the revision dates of the 50 CFR titles.
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INQUIRIES
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2018
[[Page ix]]
THIS TITLE
Title 32--National Defense is composed of six volumes. The parts in
these volumes are arranged in the following order: Parts 1-190, parts
191-399, parts 400-629, parts 630-699, parts 700-799, and part 800 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2018.
The current regulations issued by the Department of Defense appear
in the volumes containing parts 1-190 and parts 191-399; those issued by
the Department of the Army appear in the volumes containing parts 400-
629 and parts 630-699; those issued by the Department of the Navy appear
in the volume containing parts 700-799, and those issued by the
Department of the Air Force, Defense Logistics Agency, Selective Service
System, National Counterintelligence Center, Central Intelligence
Agency, Information Security Oversight Office, National Security
Council, Office of Science and Technology Policy, Office for Micronesian
Status Negotiations, and Office of the Vice President of the United
States appear in the volume containing part 800 to end.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 32--NATIONAL DEFENSE
(This book contains parts 630 to 699)
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SUBTITLE A--Department of Defense (Continued)
Part
chapter v--Department of the Army (Continued)............... 631
Abbreviations Used in This Chapter:
AGCT = Army General Classification Test. AGO = Adjutant General's
Office. APP = Army Procurement Procedure. AR = Army Regulations. ASPR
= Armed Services Procurement Regulations. ATC = Air Transport Command.
A. W. = Articles of War. AWOL = Absent Without Leave. Comp. Gen. =
Comptroller General. OCF = Office, Chief of Finance. ROTC = Reserve
Officer's Training Corps. ZI = Zone of Interior.
[[Page 3]]
Subtitle A--Department of Defense (Continued)
[[Page 5]]
CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
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SUBCHAPTER I--LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
Part Page
630
[Reserved]
631 Armed Forces Disciplinary Control Boards and
off-installation liaison and operations. 7
633 Individual requests for access or amendment
of CID reports of investigation......... 17
634 Motor vehicle traffic supervision........... 18
635 Law enforcement reporting................... 52
637 Military Police investigation............... 63
SUBCHAPTER J--REAL PROPERTY
641-642
[Reserved]
643 Real estate................................. 71
644 Real estate handbook........................ 86
645-649
[Reserved]
SUBCHAPTER K--ENVIRONMENTAL QUALITY
651 Environmental analysis of Army actions (AR
200-2).................................. 281
652-654
[Reserved]
655 Radiation sources on Army land.............. 347
656-667
[Reserved]
SUBCHAPTER L--ARMY CONTRACTING [RESERVED]
668-699
[Reserved]
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SUBCHAPTER I_LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
PART 630 [RESERVED]
PART 631_ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION
LIAISON AND OPERATIONS--Table of Contents
Subpart A_General
Sec.
631.1 Purpose.
631.2 Applicability.
631.3 Supervision.
631.4 Exceptions.
Subpart B_Armed Forces Disciplinary Control Boards
631.5 General.
631.6 Responsibilities.
631.7 Composition of boards.
631.8 Participation by civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Off-limits establishments and areas.
Subpart C_Off-Installation Operations (Military Patrols and
Investigative Activities) and Policy
631.12 Objectives.
631.13 Applicability.
631.14 Army policy.
631.15 Air Force policy.
631.16 Navy policy.
631.17 Marine Corps policy.
631.18 Operations.
Appendix A to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
Authority: 10 U.S.C. 3012(b)(1)(g).
Source: 70 FR 60729, Oct. 19, 2005, unless otherwise noted.
Subpart A_General
Sec. 631.1 Purpose.
This part prescribes uniform policies and procedures for the
establishment, and operation of the following:
(a) Armed Forces Disciplinary Control Boards (AFDCB).
(b) Off-installation liaison and operations.
Sec. 631.2 Applicability.
This part applies to the following:
(a) Active U.S. Armed Forces personnel of the Army, Air Force, Navy,
and Marine Corps, and the Coast Guard wherever they are stationed.
(b) U.S. Armed Forces Reserve personnel only when they are
performing Federal duties or engaging in activities directly related to
performing a Federal duty or function.
(c) National Guard personnel only when called or ordered to active
duty in a Federal status within the meaning of Title 10, United States
Code.
Sec. 631.3 Supervision.
The following will develop and have staff supervision over AFDCB and
off-installation enforcement policies.
(a) The Office of the Provost Marshal General (OPMG), Headquarters,
Department of the Army (HQDA). This official serves as the proponent for
this part, and has primary responsibility for its content.
(b) U.S. Air Force Director of Security Forces and Force Protection,
Department of the Air Force.
(c) Director, Naval Criminal Investigative Service.
(d) Commandant of the Marine Corps.
(e) Commandant of the Coast Guard.
(f) Installation commanders are authorized to convene joint service
boards within their Army Regulation (AR) 5-9 area of responsibility.
Sec. 631.4 Exceptions.
Requests for exceptions to policies contained in this part will be
forwarded to HQDA (DAPM-MPD-LE), Washington, DC 20310-2800.
Subpart B_Armed Forces Disciplinary Control Boards
Sec. 631.5 General.
AFDCBs may be established by installation, base, or station
commanders to advise and make recommendations to commanders on matters
concerning eliminating conditions, which adversely affect the health,
safety, welfare, morale, and discipline of the Armed Forces.
[[Page 8]]
(a) For the Army, routine off-limits actions must be processed by an
AFDCB following the procedures in Sec. 631.11.
(b) Coast Guard commanders must have written authorization from the
Commandant (G-WP) prior to establishing an AFDCB.
Sec. 631.6 Responsibilities.
(a) Regional Directors of the Army Installation Management Agency,
Air Force commanders, Navy regional commanders, Marine Corps commanders,
and Coast Guard commanders will--
(1) Determine level and degree of participation by subordinate
commanders in joint Service boards, when appropriate.
(2) Resolve differences among subordinate commanders regarding board
areas of responsibility, and the designation of sponsoring commanders.
(3) Evaluate board recommendations, and actions from subordinate
sponsoring commanders.
(4) Forward recommendations to HQDA, OPMG (DAPM-MPD-LE), WASH DC
20310-2800, regarding circumstances that require Service headquarters
action or programs having widespread applicability.
(5) Ensure that subordinate commanders assess the availability of
drug abuse paraphernalia in the vicinity of Department of Defense (DOD)
installations through their AFDCBs, according to DOD Directive 1010.4.
Coast Guard commanders should refer to COMDTINST M1000.6 series, chapter
20, for guidance on Coast Guard substance abuse policies.
(b) Military installation commanders for off-installation
enforcement actions will--
(1) Conduct off-installation operations as authorized by law and
Service policy.
(2) Coordinate off-installation operations with other Service
commanders, as applicable, for uniformity of effort, and economy of
resources.
(3) Assist Federal, State, and local law enforcement agencies within
the limits imposed by law and DOD policy.
(c) Sponsoring commanders will provide administrative support for
AFDCB programs to include the following--
(1) Promulgating implementing directives, and convening the board.
(2) Providing a recorder for the board.
(3) Providing copies of the minutes of board meetings to other
Service commanders who are represented on the board, and to other AFDCBs
as appropriate.
(4) Approving or disapproving the minutes, and recommendations of
the board, and making appropriate distribution, as required.
(5) Publishing lists of ``off-limits'' establishments and areas.
(6) Ensuring that responsible individuals are notified of any
unfavorable actions being contemplated or taken regarding their
establishments per Annex A of appendix A of this part.
(7) Distributing pertinent information to the following--
(i) All units within their jurisdictional area.
(ii) Units stationed in other areas whose personnel frequent their
area of jurisdiction.
(8) Ensuring that procedures are established to inform all Service
personnel, including those who may be visiting or are in a travel
status, of off-limits restrictions in effect within the respective
AFDCB's jurisdictional area.
Sec. 631.7 Composition of boards.
(a) Boards should be structured according to the needs of the
command, with consideration given to including representatives from the
following functional areas--
(1) Law enforcement.
(2) Legal counsel.
(3) Health.
(4) Environmental protection.
(5) Public affairs.
(6) Equal opportunity.
(7) Fire and safety.
(8) Chaplains' service.
(9) Alcohol and drug abuse.
(10) Personnel and community activities.
(11) Consumer affairs.
(b) Sponsoring commanders will designate a board president, and
determine by position which board members will be voting members. Such
designations will be included in a written agreement establishing the
board.
[[Page 9]]
Sec. 631.8 Participation by civil agencies.
(a) Civil agencies or individuals may be invited to board meetings
as observers, witnesses or to provide assistance where they possess
knowledge or information pertaining to problem areas within the board's
jurisdiction.
(b) Announcements and summaries of board results may be provided to
appropriate civil agencies.
Sec. 631.9 Duties and functions of boards.
The AFDCBs will--
(a) Meet as prescribed by appendix A of this part.
(b) Receive reports, and take appropriate action on conditions in
their area of responsibility relating to any of the following--
(1) Disorders and lack of discipline.
(2) Prostitution.
(3) Sexually transmitted disease.
(4) Liquor violations.
(5) Racial and other discriminatory practices.
(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Criminal or illegal activities involving cults or hate groups.
(9) Illicit gambling.
(10) Areas susceptible to terrorist activity.
(11) Unfair commercial or consumer practices.
(12) Other undesirable conditions deemed unsafe which may adversely
affect the health and well being of military personnel or their
families.
(c) Report to all major commanders in the board's area of
responsibility--
(1) Conditions cited in paragraph (b) of this section.
(2) Recommended action as approved by the board's sponsoring
commander.
(d) Coordinate with appropriate civil authorities on problems or
adverse conditions existing in the board's area of jurisdiction.
(e) Make recommendations to commanders in the board's area of
jurisdiction concerning off-installation procedures to prevent or
control undesirable conditions.
Sec. 631.10 Administration.
(a) Commanders are authorized to acquire, report, process, and store
information concerning persons and organizations, whether or not
affiliated with DOD, according to the applicable Service parts of the
sponsoring commander, which--
(1) Adversely affect the health, safety, morale, welfare, or
discipline of service members regardless of status.
(2) Describes crime conducive conditions where there is a direct
Service interest.
(b) Boards will function under the supervision of a president (Sec.
631.7(b)).
(c) Certain expenses incurred by Service members in the course of an
official board investigation or inspection may be reimbursable per
appropriate Service finance parts or instructions. Requests for
reimbursement will be submitted through the sponsoring commander.
(d) Records of board proceedings will be maintained as prescribed by
records management policies, and procedures of the sponsoring
commander's Service.
Sec. 631.11 Off-limits establishments and areas.
(a) The establishment of off-limits areas is a function of Command.
It may be used by commanders to help maintain good order and discipline,
health, morale, safety, and welfare of service members. Off-limits
action is also intended to prevent service members from being exposed to
or victimized by crime-conducive conditions. Where sufficient cause
exists, commanders retain substantial discretion to declare
establishments or areas temporarily off-limits to personnel of their
respective commands in emergency situations. Temporary off-limits
restrictions issued by commanders in an emergency situation will be
acted upon by the AFDCB as a first priority. As a matter of policy, a
change in ownership, management, or name of any off-limits establishment
does not, in and of itself, revoke the off-limits restriction.
(b) Service members are prohibited from entering establishments or
areas declared off-limits according to this part. Violations may subject
the member to disciplinary action per applicable Service parts, and the
Uniform Code of Military Justice (UCMJ). Family members of service
members and others associated with the Service or installation should be
made aware of
[[Page 10]]
off-limits restrictions. As a general policy, these establishments will
not be visited by Service law enforcement personnel unless specifically
determined by the installation commander that visits or surveillance are
warranted.
(c) Prior to initiating AFDCB action, installation commanders will
attempt to correct adverse conditions or situations through the
assistance of civic leaders or officials.
(d) Prior to recommending an off-limits restriction, the AFDCB will
send a written notice (certified mail-return receipt requested) to the
individual or firm responsible for the alleged condition or situation.
The AFDCB will specify in the notice a reasonable time for the condition
or situation to be corrected, along with the opportunity to present any
relevant information to the board. If subsequent investigation reveals
that the responsible person has failed to take corrective action, the
board will recommend the imposition of the off-limits restriction.
(e) A specified time limit will not be established when an off-
limits restriction is invoked. The adequacy of the corrective action
taken by the responsible individual will be the determining factor in
removing an off-limits restriction.
(f) A person whose establishment or area has been declared off-
limits may at any time petition the president of the board to remove the
off-limits restriction. The petition will be in writing and will include
a detailed report of action taken to eliminate the condition or
situation that caused imposition of the restriction. The president of
the AFDCB may direct an investigation to determine the status of
corrective actions noted in the petition. The board will either
recommend removal or continuation of the off-limits restriction to the
local sponsoring commander based on the results of the investigation.
(g) Off-limits procedures to be followed by the boards are in
appendix A of this part. In the United States, off-limits signs will not
be posted on civilian establishments by U.S. military authorities.
(h) In areas Outside of the Continental United States (OCONUS), off-
limits and other AFDCB procedures must be consistent with existing
Status of Forces Agreements (SOFAs).
Subpart C_Off-Installation Operations (Military Patrols and
Investigative Activities) and Policy
Sec. 631.12 Objectives.
The primary objectives of off-installation operations are to--
(a) Render assistance and provide information to Service members.
(b) Preserve the safety, and security of service members.
(c) Preserve good order and discipline among Service members and
reduce off-installation incidents and offenses.
(d) Maintain effective cooperation with civil authorities, and
community leaders.
Sec. 631.13 Applicability.
This subpart is not applicable to the U.S. Coast Guard.
Sec. 631.14 Army policy.
(a) Soldiers, military and/or Department of the Army Civilian (DAC)
police performing off-installation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in the Continental United States (CONUS) and United
States-host nation agreements in areas OCONUS.
(b) Military and/or DAC police assigned to off-installation
operations have the sole purpose of enforcing parts, and orders
pertaining to persons subject to their jurisdiction.
(c) Military and/or DAC police accompanying civilian law enforcement
officers remain directly responsible to, and under the command of, U.S.
Army superiors. Military and DAC police may come to the aid of civilian
law enforcement officers to prevent the commission of a felony or injury
to a civilian law enforcement officer.
(d) Regional Directors of the Army Installation Management Agency
(IMA), Commander, Army Materiel Command (AMC), and Commander, Army Test
and Evaluation Command (ATEC) may authorize subordinate
[[Page 11]]
commanders to establish off-installation operations within the limits
imposed by higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in
CONUS, and United States-host nation agreements in OCONUS areas--
(1) To assist Federal, State, and local law enforcement agencies.
(2) In conjunction with military activities.
(3) To safeguard the health and welfare of Soldiers.
(4) When the type of offenses or the number of Soldiers frequenting
an area is large enough to warrant such operations.
(e) The constraints on the authority of Soldiers and/or DAC police
to act off-Installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS
and United States-host nation agreements in OCONUS areas) and the
specific scope of off-installation operations will be clearly delineated
in all authorizations for off-installation operations. Off-installation
operations will be coordinated with the local installation commander
through the Staff Judge Advocate (SJA), or higher authority, and
appropriate civilian law enforcement agencies.
Sec. 631.15 Air Force policy.
(a) Airmen, military and/or Department of the Air Force Civilian
(DAFC) police performing off-installation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in CONUS and United States-host nation agreements
in areas OCONUS.
(b) Military and/or DAFC police assigned to off-installation
operations have the sole purpose of enforcing parts, and orders
pertaining to persons subject to their jurisdiction.
(c) Military and/or DAFC police accompanying civilian law
enforcement officers remain directly responsible to, and under the
command of, U.S. Air Force superiors. Military and DAFC police may come
to the aid of civilian law enforcement officers to prevent the
commission of a felony or injury to a civilian law enforcement officer.
(d) Air Force commanders may authorize subordinate commanders to
establish off-installation operations within the limits imposed by
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS, and
United States-host nation agreements in OCONUS areas--
(1) To assist Federal, State, and local law enforcement agencies.
(2) In conjunction with military activities.
(3) To safeguard the health and welfare of Airmen.
(4) When the type of offenses or the number of Airmen frequenting an
area is large enough to warrant such operations.
(e) The constraints on the authority of Airmen and/or DAFC police to
act off-installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS and
United States-host nation agreements in OCONUS areas) and the specific
scope of off-installation operations will be clearly delineated in all
authorizations for off-installation operations. Off-installation
operations will be coordinated with the local installation commander
through the Staff Judge Advocate (SJA), or higher authority, and
appropriate civilian law enforcement agencies.
Sec. 631.16 Navy policy.
The following policies apply to off-installation operations--
(a) Article 1630-020, MILPERSMAN revised August 2002, and Navy
Parts, Article 0922 concerning the establishment and operation of a
shore patrol.
(b) In accordance with SECNAV 1620.7A, Navy Absentee Collection
Units collect, and process apprehended absentees and deserters, escort
apprehended absentees, and deserters to their parent commands or to
designated processing activities, escort prisoners between confinement
facilities, and provide liaison with civilian law enforcement
authorities.
(c) Navy personnel will be thoroughly familiar with all applicable
agreements and Implementing standard operating procedures, to include
the constraints of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS
and United States-host nation agreements in OCONUS areas, as applicable.
(d) Within CONUS. (1) Installation Commanders may request authority
[[Page 12]]
from their Regional Commander, to establish off-installation
operations--
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus
Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Naval personnel.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operation.
(2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385) and the specific
scope of the authority will be clearly delineated in all authorizations
for off-installation operations.
(e) Within OCONUS, off-installation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize off-installation operations as required by local conditions
and customs, as long as they are conducted in accordance with applicable
treaties and SOFAs.
(f) Off-installation operations will be coordinated with the local
installation commander through the JAG or higher authority, and local
law enforcement authorities.
(g) Security personnel selected for off-installation operations
must--
(1) Have mature judgment and law enforcement experience.
(2) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United States
Host Nation agreements in OCONUS area, as applicable.
(h) Security personnel accompanying civilian police during off-
installation operations do so only to enforce parts and orders
pertaining to persons subject to their jurisdiction. Security personnel
assigned off-installation operations remain directly responsible to, and
under the command of their Navy superiors when accompanying civilian
police. Security personnel performing such duties may come to the aid of
civilian police in order to prevent the commission of a felony or injury
to a civilian police officer.
(i) Civilian police and court liaison may be established with
concurrence of the Naval Criminal Investigative Service and is
encouraged particularly when the intent is to reduce mishaps.
Sec. 631.17 Marine Corps policy.
(a) Within CONUS. (1) Commanders may request authority from
Headquarters, Marine Corps (Code POS), to establish off-installation
operations--
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus
Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Marines.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operations.
(2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385)) and the specific
scope of the authority will be clearly delineated in all authorizations
for off-installation operations.
(b) Within OCONUS, off-installation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize off-installation operations as required by local conditions
and customs, as long as they are conducted in accordance with applicable
treaties and SOFAs.
(c) Off-installation operations will be coordinated with the local
installation commander through the SJA, or higher authority, and local
law enforcement authorities.
(d) Marines selected for off-installation operations must--
(1) Have mature judgment and law enforcement experience.
(2) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United States-
host nation
[[Page 13]]
agreements in OCONUS areas, as applicable.
(e) Marines accompanying civilian police during off-installation
operations do so only to enforce parts and orders pertaining to persons
subject to their jurisdiction. Marines assigned off-installation
operations remain directly responsible to, and under the command of
their Marine superiors when accompanying civilian police. Marines
performing such duties may come to the aid of civilian police in order
to prevent the commission of a felony or injury to a civilian police
officer.
(f) Procedures for absentee and deserter collection units to accept
an active-duty absentee or deserter from civilian authorities may be
established.
(g) Civilian police and civil court liaison may be established.
Sec. 631.18 Operations.
When an incident of substantial interest to the Service, involving
Service property or affiliated personnel, occurs off-installation, the
Service law enforcement organization exercising area responsibility
will--
(a) Obtain copies of civilian law enforcement reports for processing
or forwarding according to applicable Service parts.
(b) Return apprehended persons to representatives of their Service
as soon as practicable.
Sec. Appendix A to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
A-1. Purpose. This guide prescribes procedures for the
establishment, operation, and coordination of AFDCBs. AFDCB proceedings
are not adversarial in nature.
A-2. Meetings.
a. The board will meet quarterly. The commander establishing the
AFDCB may specify whether the meetings will be open or closed. If not
specified, the decision is at the discretion of the president of the
board. Normally proceedings are closed, but may be opened to the public
when circumstances warrant.
b. Special meetings may be called by the president of the board.
Except by unanimous consent of members present, final action will be
taken only on the business for which the meeting was called.
c. A majority of voting members constitutes a quorum for board
proceedings.
A-3. AFDCB composition. Voting members will be selected per section
631.7.
A-4. Attendance of observers or witnesses.
a. The board may invite individual persons or organization
representatives as witnesses or observers if they are necessary or
appropriate for the conduct of board proceedings. The below listed
authorities may assist in addressing installation or command concerns or
issues.
(1) Federal, State, and local judicial, legislative, and law
enforcement officials.
(2) Housing part and enforcement authorities.
(3) Health, and social service authorities.
(4) Environmental protection authorities.
(5) Alcoholic beverage control authorities.
(6) Equal employment opportunity authorities.
(7) Consumer affairs advocates.
(8) Chamber of Commerce representatives.
(9) Public works or utility authorities.
(10) Local fire marshal, and public safety authorities.
(11) State and local school board or education officials.
(12) Any other representation deemed appropriate by the sponsoring
command such as, news media, union representatives, and so forth.
b. Invited witnesses and observers will be listed in the minutes of
the meeting.
A-5. Appropriate areas for board consideration.
a. Boards will study and take appropriate action on all reports of
conditions considered detrimental to the good order and discipline,
health, morale, welfare, safety, and morals of Armed Forces personnel.
These adverse conditions include, but are not limited to, those
identified in Sec. 631.9.
b. The board will immediately forward to the local commander
reported circumstances involving discrimination based on race, color,
sex, religion, age, or national origin.
A-6. Off-limit procedures.
a. Off-limits restrictions should be invoked only when there is
substantive information indicating that an establishment or area
frequented by Armed Forces personnel presents conditions, which
adversely affect their health, safety, welfare, morale, or morals. It is
essential that boards do not act arbitrarily. Actions must not be of a
punitive nature. Boards should work in close cooperation with local
officials and proprietors of business establishments, and seek to
accomplish their mission through mutually cooperative efforts. Boards
should encourage personal visits by local military, and civilian
enforcement or health officials to establishments considered below
standard. AFDCBs should point out unhealthy conditions or undesirable
practices to establishment owners or operators to produce the desired
corrective action.
[[Page 14]]
b. In cases involving discrimination, the board should not rely
solely on letters written by the Equal Opportunity Office, and Military
Affairs Committee or investigations of alleged racial discrimination.
c. If the board decides to attempt to investigate or inspect an
establishment, the president or a designee will prepare, and submit a
report of findings, and recommendations at the next meeting. This
procedure will ensure complete, and documented information concerning
questionable adverse conditions.
d. When the board concludes that conditions adverse to Armed Forces
personnel do exist, the owner or manager will be sent a letter of
notification (Annex A). This letter will advise him or her to raise
standards by a specified date, and, if such conditions or practices
continue, off-limits proceedings will be initiated. Any correspondence
with the individuals responsible for adverse conditions, which may lead
to off-limits action, will be by certified mail.
e. If a proprietor takes remedial action to correct undesirable
conditions previously noted the board should send a letter of
appreciation (Annex B) recognizing this cooperation.
f. If undesirable conditions are not corrected, the proprietor will
be invited to appear before the AFDCB to explain why the establishment
should not be placed off-limits (Annex C). Any proprietor may designate
in writing a representative to appear before the board in his or her
behalf.
g. In cases where proprietors have been invited to appear before the
board, the president of the board will perform the following--
(1) Prior to calling the proprietor--
(a) Review the findings and decision of the previous meeting.
(b) Call for inspection reports.
(c) Allow those present to ask questions, and discuss the case.
(2) When the proprietor or his or her representative is called
before the board--
(a) Present the proprietor with a brief summary of the complaint
concerning the establishment.
(b) Afford the proprietor an opportunity to present matters in
defense.
(c) Invite those present to question the proprietor. After the
questioning period, provide the proprietor an opportunity to make a
final statement before being dismissed.
(3) Deliberations on recommended actions will be in closed session,
attended only by board members.
h. The board should recommend an off-limits restriction only after
the following:
(1) The letter of notification (Annex A) has been sent.
(2) An opportunity for the proprietor to appear before the board has
been extended.
(3) Further investigation indicates that improvements have not been
made.
i. The minutes will indicate the AFDCB's action in each case. When a
recommendation is made to place an establishment off-limits, the minutes
will show the procedural steps followed in reaching the decision.
j. Recommendations of the AFDCB will be submitted to the sponsoring
commander for consideration. The recommendations will then be forwarded
to other installation commanders who are represented on the board (Annex
D). If no objection to the recommendations is received within 10 days,
the sponsoring commander will approve or disapprove the recommendations
and forward the decision to the AFDCB president.
k. Upon approval of the AFDCB's recommendations, the president will
write the proprietor that the off-limits restriction has been imposed
(Annex E).
l. A time limit should not be specified when an off-limits
restriction is revoked. The adequacy of the corrective action taken by
the proprietor of the establishment must be the determining factor in
removing the off-limits restriction.
m. Military authorities may not post off-limits signs or notices on
private property.
n. In emergencies, commanders may temporarily declare establishments
or areas off-limits to service members subject to their jurisdiction.
The circumstances for the action will be reported as soon as possible to
the commander sponsoring the board. Detailed justification for this
emergency action will be provided to the board for its deliberations.
o. Appropriate installation commanders will publish a list of off-
limits establishments and areas using command and media channels.
A-7. Removal of off-limits restrictions.
a. Removal of an off-limits restriction requires AFDCB action.
Proprietors of establishments declared off-limits should be advised that
they may appeal to the appropriate AFDCB at any time. In their appeal
they should submit the reason why the restriction should be removed. A
letter of notification for continuance of the off-limits restriction
should be sent to the proprietor if the AFDCB does not remove the off-
limits restriction (Annex F). The proprietor may appeal to the next
higher commander if not satisfied with continuance after exhausting all
appeals at the local sponsoring commander level. Boards should make at
least quarterly inspections of off-limits establishments. A statement
that an inspection has been completed should be included in AFDCB
minutes.
b. When the board learns that the proprietor has taken adequate
corrective measures, the AFDCB will take the following actions:
(1) Discuss the matter at the next meeting and make an appropriate
recommendation.
[[Page 15]]
(2) Forward a recommendation for removal of the off-limits
restriction to the sponsoring commander. If approved, a letter removing
the restriction (Annexes G & H) will be sent to the proprietor.
(3) The minutes will reflect action taken.
A-8. Duties of the AFDCB president.
The president of the AFDCB will--
a. Schedule and preside at all AFDCB meetings.
b. Provide an agenda to each voting member at least 72 hours prior
to the meeting.
c. Ensure records, minutes, and correspondence are prepared,
distributed, and maintained per Sec. 631.10(d).
A-9. Commanders.
The installation commander, and commanders within an AFDCB's area of
responsibility must be thoroughly acquainted with the mission and
services provided by AFDCBs. AFDCB members should keep their respective
commanders informed of command responsibilities pertaining to AFDCB
functions and actions.
A-10. Public affairs.
a. Due to the sensitive nature of the subject matter, there will not
be a media release in connection with AFDCB meetings. However, any AFDCB
proceeding, which is open to the public, will also be open to
representatives of the news media. Representatives of the news media
will be considered observers, and will not participate in matters
considered by the AFDCB. Members of the news media may be invited to
participate in an advisory status in coordination with the public
affairs office.
b. News media interviews and releases will be handled through the
public affairs office according to applicable Service parts.
A-11. Minutes.
a. Minutes will be prepared in accordance with administrative
formats for minutes of meetings prescribed by the Service of the
sponsoring commander (Annex I). The written minutes of AFDCB meetings
will constitute the official record of the AFDCB proceedings. Verbatim
transcripts of board meetings are not required. The reasons for
approving or removing an off-limits restriction, to include a complete
address of the establishment or area involved, should be indicated in
the order of business. In addition, the AFDCB's action will be shown in
the order or sequence of actions taken. A change in the name of an
establishment or areas in an off-limits restriction will also be
included.
b. Distribution of the minutes of AFDCB meetings will be limited to
the following--
(1) Each voting member, sponsoring command, and commands and
installations represented by the board.
(2) Each civilian and military advisory member, if deemed
appropriate.
(3) Civilian and Government agencies within the State in which
member installations are located having an interest in the functions of
the board, if appropriate.
c. AFDCB minutes are subject to release and disclosure in accordance
with applicable Service parts and directives.
d. Minutes and recommendations of the board will be forwarded to the
sponsoring commander for approval.
Annex A--Letter of Notification
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir:
This letter is to inform you that it has come to the attention of
the Armed Forces Disciplinary Control Board (AFDCB) that certain
conditions reported at your establishment may adversely affect the
(health, safety, or welfare) of members of the Armed Forces.
The AFDCB is initiating action to determine whether your
establishment (area) should be placed off-limits to members of the Armed
Forces if (cite conditions) are not corrected by (date).
A representative of the AFDCB will visit your establishment to
determine if steps have been taken to correct the conditions outlined
above.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
(Note: Use certified mail, return receipt requested if mailed.)
Annex B--Letter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir:
This is in reference to my letter of (date) concerning the
condition(s) reported at your establishment which adversely affected the
health and welfare of members of the Armed Forces.
The Board appreciates your action(s) to correct the condition(s)
previously noted and does not contemplate further action with respect to
this specific matter.
Your continued cooperation is solicited.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
[[Page 16]]
Annex C--Letter of Invitation
(Letterhead)
Proprietor
Dear Sir:
This is in reference to my letter of (date) concerning the condition
reported at your establishment which adversely affects the (health,
safety, or welfare) of members of the Armed Forces. Information has been
received by the board which indicates you have not taken adequate
corrective action to eliminate the reported condition.
Reports presented to the Armed Forces Disciplinary Control Board
(AFDCB) indicate (list and describe conditions).
You are advised that the AFDCB will initiate action to determine
whether your establishment should be declared off-limits to members of
the Armed Forces.
You may appear in person, with or without counsel, before the AFDCB
at its next scheduled meeting on (date, time, and place). At that time
you will have the opportunity to refute the allegation(s), or to inform
the board of any remedial action(s) you have taken or contemplate taking
to correct the condition. It is requested that you inform the President,
of the AFDCB if you plan to attend.
Any questions regarding this matter may be addressed to the
President, Armed Forces Disciplinary Control Board, (address). Every
effort will be made to clarify the matter for you.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
(Note: Send certified mail, return receipt requested if mailed.)
Annex D--AFDCB Off-Limits Approval Letter
(Letterhead)
Office Symbol
MEMORANDUM FOR (Commanders of Supported Installations)
SUBJECT: Establishments or Areas Recommended for Off-Limits Designation
1. On (date), the Armed Forces Disciplinary Control Board (AFDCB)
recommended imposition of the following off-limits restrictions: (name
and address of establishment)
2. Commanders furnishing AFDCB representatives are requested to
provide any comments within 10 days as to whether (name of establishment
or area) should be placed off-limits.
3. A copy of the AFDCB minutes and recommendation is enclosed.
FOR THE (SPONSORING) COMMANDER:
Encl
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex E--Letter of Declaration of Off-Limits
Proprietor
Dear Sir:
This letter is to inform you that your establishment has been
declared off-limits to members of the Armed Forces effective (date).
Members of the Armed Forces are prohibited from entering your
establishment (premises) as long as this order is in effect. This action
is being taken because of (state the conditions) which are detrimental
to the (health or welfare) of members of the Armed Forces.
This restriction will remain in effect indefinitely in accordance
with established Armed Forces policy. Removal of the restriction will be
considered by the Armed Forces Disciplinary Control Board upon
presentation of information that satisfactory corrective action has been
taken.
Correspondence appealing this action may be submitted to the
President, Armed Forces Disciplinary Control Board, (cite address).
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex F--AFDCB Letter of Notification of Continuance of Off-Limits
Restrictions After Appearance before the AFDCB
(Letterhead)
Proprietor
Dear Sir:
The Armed Forces Disciplinary Control Board (AFDCB) did not
favorably consider your request for removal of the off-limits
restriction now in effect at your establishment.
This decision does not preclude further appeals or appearances
before the AFDCB at any of its scheduled meetings. Correspondence
pertaining to this matter should be addressed to the President, Armed
Forces Disciplinary Control Board, (cite address).
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex G--AFDCB Letter of Removal of Off-Limits Restriction
(Letterhead)
Proprietor
[[Page 17]]
Dear Sir:
This letter is to inform you that the off-limits restriction against
(name of establishment) is removed effective (date). Members of the
Armed Forces are permitted to patronize your establishment as of that
date.
The corrective actions taken in response to the concerns of the
Armed Forces Disciplinary Control Board are appreciated.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex H--AFDCB Notification of Removal of Off-Limits Restriction
(Letterhead)
Proprietor
Dear Sir:
This letter is to inform you that your request for removal of the
off-limits restriction now in effect at (name of establishment) was
favorably considered by the Armed Forces Disciplinary Control Board
(AFDCB).
This restriction will be removed effective (date). Members of the
Armed Forces will be permitted to patronize your establishment as of
that date.
The corrective actions taken in response to the concerns of the
AFDCB are appreciated.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex I--Format for AFDCB Meeting Minutes
(Letterhead)
MEMORANDUM FOR
SUBJECT: Armed Forces Disciplinary Control Board
1. Pursuant to authority contained in AR 190-24/AFI 31-213/
OPNAVINST 1620.2A/MCO 1620.2C/and COMDTINST 1620.1D, Armed Forces
Disciplinary Control Boards and Off-Installation Liaison and Operations,
the (area) Armed Forces Disciplinary Control Board convened at (place),
(date)
2. The following voting members were present: (List names, titles,
and addresses.)
3. The following military members were present: (List names, titles,
and addresses.)
4. The following civilian advisory members were present: (List
names, titles, and addresses.)
5. Order of business:
a. Call to order.
b. Welcome.
c. Introduction of members and guests.
d. Explanation of purpose of board.
e. Reading of minutes.
f. Unfinished or continuing business.
g. New business (subparagraph as necessary).
h. Recommendations.
(1) List of areas and establishments being placed in an off-limits
restriction.
Include complete name and address (or adequate description of an
area) of any establishment listed.
(2) List of areas and establishments being removed from off-limits
restrictions. Include complete name and address (or adequate description
of an area) of any establishment listed.
(3) Other matters or problems of mutual concern.
i. Time, date, and place for next board meeting.
j. Adjournment of the board.
(Board Recorder's Name)
(Rank, Branch of Service), Recorder, Armed Forces Disciplinary Control
Board
Approved:
(Board President's Name)
(Rank, Branch of Service) President, Armed Forces Disciplinary Control
Board
(Note: The minutes of the board proceedings will be forwarded by
official correspondence from the board president to the sponsoring
commander for approval of the board's recommendations. By return
endorsement, the sponsoring commander will either approve or disapprove
the board's recommendations.)
PART 633_INDIVIDUAL REQUESTS FOR ACCESS OR AMENDMENT OF CID REPORTS
OF INVESTIGATION--Table of Contents
Sec.
633.11 Access to CID reports.
633.12 Amendment to CID reports.
633.13 Submission of requests.
Authority: Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012.
Source: 44 FR 44156, July 27, 1979, unless otherwise noted.
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 25-55, respectively.
[78 FR 29019, May 17, 2013]
Sec. 633.12 Amendment to CID reports.
USACIDC reports of investigation (ROI) are exempt from the amendment
provisions of the Privacy Act and AR 340-21. Requests for amendment will
be considered only under the provisions of
[[Page 18]]
this regulation. Requests to amend USACIDC reports will be granted only
if the individual submits new, relevant and material facts that are
determined to warrant their inclusion in or revision of the ROI. The
burden of proof is on the individual to substantiate the request.
Requests to delete a person's name from the title block will be granted
only if it is determined that there is not probable cause to believe
that the individual committed the offense for which he or she is listed
as a subject. It is emphasized that the decision to list a person's name
in the title block of a USACIDC report of investigation is an
investigative determination that is independent of whether or not
subsequent judicial, nonjudicial or administrative action is taken
against the individual. Within these parameters, any changes in the ROI
rest within the sole discretion of the Commanding General. USACIDC,
whose decision will constitute final action on behalf of the Secretary
of the Army with respect to this regulation.
Sec. 633.13 Submission of requests.
Requests for access to, or amendment of, USACIDC investigative
reports will be forwarded to the Director, U.S. Army Crime Records
Center (CICR-FP), 27130 Telegraph Road, Quantico, VA 22134.
[78 FR 29019, May 17, 2013]
PART 634_MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents
Subpart A_Introduction
Sec.
634.1 Purpose.
634.2 References.
634.3 Explanation of abbreviations and terms.
634.4 Responsibilities.
634.5 Program objectives.
Subpart B_Driving Privileges
634.6 Requirements for driving privileges.
634.7 Stopping and inspecting personnel or vehicles.
634.8 Implied consent.
634.9 Suspension or revocation of driving or privately owned vehicle
registration privileges.
634.10 Remedial driver training programs.
634.11 Administrative due process for suspensions and revocations.
634.12 Army administrative actions against intoxicated drivers.
634.13 Alcohol and drug abuse programs.
634.14 Restoration of driving privileges upon acquittal of intoxicated
driving.
634.15 Restricted driving privileges or probation.
634.16 Reciprocal state-military action.
634.17 Extensions of suspensions and revocations.
634.18 Reinstatement of driving privileges.
Subpart C_Motor Vehicle Registration
634.19 Registration policy.
634.20 Privately owned vehicle operation requirements.
634.21 Department of Defense Form 2220.
634.22 Termination or denial of registration.
634.23 Specified consent to impoundment.
Subpart D_Traffic Supervision
634.24 Traffic planning and codes.
634.25 Installation traffic codes.
634.26 Traffic law enforcement principles.
634.27 Speed-measuring devices.
634.28 Traffic accident investigation.
634.29 Traffic accident investigation reports.
634.30 Use of traffic accident investigation report data.
634.31 Parking.
634.32 Traffic violation reports.
634.33 Training of law enforcement personnel.
634.34 Blood alcohol concentration standards.
634.35 Chemical testing policies and procedures.
634.36 Detection, apprehension, and testing of intoxicated drivers.
634.37 Voluntary breath and bodily fluid testing based on implied
consent.
634.38 Involuntary extraction of bodily fluids in traffic cases.
634.39 Testing at the request of the apprehended person.
634.40 General off installation traffic activities.
634.41 Compliance with State laws.
634.42 Civil-military cooperative programs.
Subpart E_Driving Records and the Traffic Point System
634.43 Driving records.
634.44 The traffic point system.
634.45 Point system application.
634.46 Point system procedures.
634.47 Disposition of driving records.
Subpart F_Impounding Privately Owned Vehicles
634.48 General.
[[Page 19]]
634.49 Standards for impoundment.
634.50 Towing and storage.
634.51 Procedures for impoundment.
634.52 Search incident to impoundment based on criminal activity.
634.53 Disposition of vehicles after impoundment.
Subpart G_List of State Driver's License Agencies
634.54 List of State Driver's License Agencies.
Authority: 10 U.S.C. 30112(g); 5 U.S.C. 2951; Pub. L. 89-564; 89-
670; 91-605; and 93-87.
Source: 70 FR 18969, Apr. 12, 2005, unless otherwise noted.
Subpart A_Introduction
Sec. 634.1 Purpose.
(a) This subpart establishes policy, responsibilities, and
procedures for motor vehicle traffic supervision on military
installations in the continental United States (CONUS) and overseas
areas. This includes but is not limited to the following:
(1) Granting, suspending, or revoking the privilege to operate a
privately owned vehicle (POV).
(2) Registration of POVs.
(3) Administration of vehicle registration and driver performance
records.
(4) Driver improvement programs.
(5) Police traffic supervision.
(6) Off-installation traffic activities.
(b) Commanders in overseas areas are authorized to modify these
policies and procedures in the following instances:
(1) When dictated by host nation relationships, treaties, and
agreements.
(2) When traffic operations under military supervision necessitate
measures to safeguard and protect the morale, discipline, and good order
in the Services.
Sec. 634.2 References.
Required and related publications along with prescribed and
referenced forms are listed in Appendix A, AR 190-5.
Sec. 634.3 Explanation of abbreviations and terms.
Abbreviations and special terms used in this subpart are explained
in the Glossary of AR 190-5. It is available on the internet at:
www.usapa.army.mil.
Sec. 634.4 Responsibilities.
(a) Departmental. The Provost Marshal General, Headquarters,
Department of the Army (HQDA); Director, Naval Criminal Investigative
Service, U.S. Navy (USN); Headquarters, Air Force Security Forces
Center; Headquarters, U.S. Marine Corps (USMC); Staff Director, Command
Security Office, Headquarters, Defense Logistics Agency (DLA), and
Chief, National Guard Bureau will--
(1) Exercise staff supervision over programs for motor vehicle
traffic supervision.
(2) Develop standard policies and procedures that include
establishing an automated records program on traffic supervision.
(3) Maintain liaison with interested staff agencies and other
military departments on traffic supervision.
(4) Maintain liaison with departmental safety personnel on traffic
safety and accident reporting systems.
(5) Coordinate with national, regional, and state traffic officials
and agencies, and actively participate in conferences and workshops
sponsored by the Government or private groups at the national level.
(6) Help organize and monitor police traffic supervision training.
(7) Maintain liaison with the Department of Transportation (DOT) and
other Federal departments and agencies on the National Highway Safety
Program Standards (NHSPS) and programs that apply to U.S. military
traffic supervision.
(8) Participate in the national effort to reduce intoxicated
driving.
(b) All major commanders. Major commanders of the Army, Navy, Air
Force, Marine Corps, and DLA will--
(1) Manage traffic supervision in their commands.
(2) Cooperate with the support programs of state and regional
highway traffic safety organizations.
(3) Coordinate regional traffic supervision activities with other
major military commanders in assigned geographic areas of
responsibility.
(4) Monitor agreements between installations and host state
authorities
[[Page 20]]
for reciprocal reporting of suspension and revocation of driving
privileges.
(5) Participate in state and host nation efforts to reduce
intoxicated driving.
(6) Establish awards and recognition programs to recognize
successful installation efforts to eliminate intoxicated driving. Ensure
that criteria for these awards are positive in nature and include more
than just apprehensions for intoxicated driving.
(7) Modify policies and procedures when required by host nation
treaties or agreements.
(c) Major Army commanders. Major Army commanders will ensure
subordinate installations implement all provisions of this part.
(d) Commanding General, U.S. Army Training and Doctrine Command (CG,
TRADOC). The CG, TRADOC will ensure that technical training for
functional users is incorporated into service school instructional
programs.
(e) Installation or activity commander, Director of Military Support
and State Adjutant General. The installation or activity commander (for
the Navy, the term installation shall refer to either the regional
commander or installation commanding officer, whoever has ownership of
the traffic program) will--
(1) Establish an effective traffic supervision program.
(2) Cooperate with civilian police agencies and other local, state,
or federal government agencies concerned with traffic supervision.
(3) Ensure that traffic supervision is properly integrated in the
overall installation traffic safety program.
(4) Actively participate in Alcohol Safety Action Projects (ASAP) in
neighboring communities.
(5) Ensure that active duty Army law enforcement personnel follow
the provisions of AR 190-45 in reporting all criminal violations and
utilize the Centralized Police Operations Suite (COPS) to support
reporting requirements and procedures. Air Force personnel engaged in
law enforcement and adjudication activities will follow the provisions
of AFI 31-203 in reporting all criminal and traffic violations, and
utilized the Security Forces Management Information Systems (SFMIS) to
support reporting requirements and procedures.
(6) Implement the terms of this part in accordance with the
provisions of the Federal Service Labor-Management Relations Statute, 5
U.S.C. Chapter 71.
(7) Revoke driving privileges in accordance with this part.
(f) Installation law enforcement officer. The installation law
enforcement officer will--
(1) Exercise overall staff responsibility for directing, regulating,
and controlling traffic, and enforcing laws and regulations pertaining
to traffic control.
(2) Assist traffic engineering functions at installations by
participating in traffic control studies designed to obtain information
on traffic problems and usage patterns.
(g) Safety officer. Safety officers will participate in and develop
traffic accident prevention initiatives in support of the installation
traffic safety program.
(h) Facility engineer (public works officer at Navy installations).
The facility engineer, engineer officer or civil engineer at Air Force
installations, in close coordination with the law enforcement officer,
will--
(1) Perform that phase of engineering concerned with the planning,
design, construction, and maintenance of streets, highways, and abutting
lands.
(2) Select, determine appropriate design, procure, construct,
install, and maintain permanent traffic and parking control devices in
coordination with the law enforcement officer and installation safety
officer.
(3) Ensure that traffic signs, signals, and pavement markings
conform to the standards in the current Manual on Uniform Traffic
Control Devices for Streets and Highways.
(4) Ensure that planning, design, construction, and maintenance of
streets and highways conform to the NHSPS as implemented by the Army.
(i) Traffic engineer. The traffic engineer, in close coordination
with the law enforcement officer, will:
(1) Conduct formal traffic engineering studies.
(2) Apply traffic engineering measures, including traffic control
devices,
[[Page 21]]
to reduce the number and severity of traffic accidents. (If there is no
installation traffic engineer, installation commanders may request these
services through channels from the Commander, Military Surface
Deployment and Distribution Command, 200 Stovall Street, Alexandria, VA
22332).
(j) Army Alcohol and Drug Control Officer (ADCO). The ADCO will
provide treatment and education services to personnel with alcohol or
drug abuse problems.
(k) Navy Substance Abuse Rehabilitation Program (SARP) Directors.
These directors will--
(1) Supervise the alcohol/drug rehabilitation services to personnel
with alcohol or drug abuse problems.
(2) Provide remedial/motivational education for all persons
identified as alcohol or drug abusers who are evaluated as not dependent
on alcohol or drugs and who have been referred to level one
rehabilitation by their commands.
(l) Marine Corps Substance Abuse Program Officer. This officer will
provide alcohol/drug education, treatment, and rehabilitation services
to personnel with alcohol/drug abuse problems.
(m) DLA Employee Assistance Program Officer. This officer will
provide alcohol/drug counseling and referral services to identified
personnel with alcohol/drug abuse problems in accordance with procedures
prescribed by the Labor Relations Officer, Office of Human Resource, HQ
DLA.
(n) Alcohol/Drug Abuse Prevention Treatment (ADAPT) program. Air
Force Commanders will refer personnel identified with alcohol/drug abuse
problems to this program in accordance with established procedures.
Sec. 634.5 Program objectives.
(a) The objectives of motor vehicle traffic supervision are to
assure--
(1) Safe and efficient movement of personnel and vehicles.
(2) Reduction of traffic deaths, injuries, and property damage from
traffic accidents. Most traffic accidents can be prevented.
Investigation of motor vehicle accidents should examine all factors,
operator status, vehicle condition, and supervisory control measures
involved.
(3) Integration of installation safety, engineering, legal, medical,
and law enforcement resources into the installation traffic planning
process.
(4) Removal of intoxicated drivers from installation roadways.
(b) [Reserved]
Subpart B_Driving Privileges
Sec. 634.6 Requirements for driving privileges.
(a) Driving a Government vehicle or POV on military installations is
a privilege granted by the installation commander. Persons who accept
the privilege must--
(1) Be lawfully licensed to operate motor vehicles in appropriate
classifications and not be under suspension or revocation in any state
or host country.
(2) Comply with laws and regulations governing motor vehicle
operations on any U. S. military installation.
(3) Comply with installation registration requirements in subpart C
of this part. Vehicle registration is required on all Army installations
through use of the Vehicle Registration System (VRS). Vehicle
registration is required on all Air Force and DLA installations and as
directed by the Chief, National Guard Bureau.
(4) Possess, while operating a motor vehicle and produce on request
by law enforcement personnel, the following:
(i) Proof of vehicle ownership or state registration if required by
the issuing state or host nation.
(ii) A valid state, host nation, overseas command, or international
driver's license and/or OF 346 (U.S. Government Motor Vehicle Operator's
Identification Card), as applicable to the class vehicle to be operated,
supported by a DD Form 2A (U.S. Armed Forces Identification Card),
Common Access Card (CAC) or other appropriate identification for non-
Department of Defense (DOD) civilians.
(iii) A valid record of motor vehicle safety inspection, as required
by the state or host nation and valid proof of insurance if required by
the state or locality.
[[Page 22]]
(iv) Any regulatory permits, or other pertinent documents relative
to shipping and transportation of special cargo.
(v) When appropriate, documents that establish identification and
status of cargo or occupants.
(vi) Proof of valid insurance. Proof of insurance consists of an
insurance card, or other documents issued by the insurance company, that
has a policy effective date and an expiration date.
(b) Operators of Government motor vehicles must have proof of
authorization to operate the vehicle.
Sec. 634.7 Stopping and inspecting personnel or vehicles.
(a) Government vehicles may be stopped by law enforcement personnel
on military installations based on the installation commander's policy.
(1) In overseas areas, Government vehicles may be stopped on or off
installations as determined by host nation agreement and command policy.
(2) Stops and inspections of vehicles at installation gates or entry
points and in restricted areas will be conducted according to command
policy.
(b) Stops and inspections of POVs within the military installation,
other than at restricted areas or at an installation gate, are
authorized only when there is a reasonable suspicion of criminal
activity, or of a violation of a traffic regulation or of the
installation commander's policy. Marine Corps users will be guided by
publication of Marine Corps order and Military Rules of Evidence 311-316
and local command regulations. DLA users, see DLAR 5700.7.
(c) At the time of stop, the driver and occupants may be required to
display all pertinent documents, including but not limited to:
(1) DD Form 2A.
(2) Documents that establish the identity and status of civilians;
for example, Common Access Card (CAC), DD Form 1173 (Uniformed Services
Identification and Privilege Card), DA Form 1602 (Civilian
Identification), AF Form 354 (Civilian Identification Card), DD Form 2
(Armed Forces of the United States Identification Card), post pass,
national identity card, or other identification.
(3) Proper POV registration documents.
(4) Host nation vehicle registration documents, if applicable.
(5) Authorization to operate a Government vehicle, if applicable.
(6) Drivers license or OF 346 valid for the particular vehicle and
area of operation.
(7) Proof of insurance.
Sec. 634.8 Implied consent.
(a) Implied consent to blood, breath, or urine tests. Persons who
drive on the installation shall be deemed to have given their consent to
evidential tests for alcohol or other drug content of their blood,
breath, or urine when lawfully stopped, apprehended, or cited for any
offense allegedly committed while driving or in physical control of a
motor vehicle on military installations to determine the influence of
intoxicants.
(b) Implied consent to impoundment. Any person granted the privilege
to operate or register a motor vehicle on a military 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, or for unreasonable
periods, as determined by the installation commander or applicable
authority, interfering with military operations, creating a safety
hazard, disabled by accident, left unattended in a restricted or
controlled area, or abandoned. Such persons further agree to reimburse
the United States for the cost of towing and storage should their motor
vehicle be removed or impounded. Existence of these conditions will be
determined by the installation commander or designee.
(c) Any person who operates, registers, or who is in control of a
motor vehicle on a military installation involved in a motor vehicle or
criminal infraction shall be informed that notice of the violation of
law or regulation will be forwarded to the Department of Motor Vehicles
(DMV) of the host state and/or home of record for the individual, and to
the National Register, when applicable.
[[Page 23]]
Sec. 634.9 Suspension or revocation of driving or privately owned
vehicle registration privileges.
The installation commander or designee may for cause, or any lawful
reason, administratively suspend or revoke driving privileges on the
installation. The suspension or revocation of installation driving
privileges or POV registrations, for lawful reasons unrelated to traffic
violations or safe vehicle operation, is not limited or restricted by
this part.
(a) Suspension. (1) Driving privileges are usually suspended when
other measures fail to improve a driver's performance. Measures should
include counseling, remedial driving training, and rehabilitation
programs if violator is entitled to the programs. Driving privileges may
also be suspended for up to 6 months if a driver continually violates
installation parking regulations. The commander will determine standards
for suspension based on frequency of parking violations and publish
those standards. Aboard Navy installations, any vehicle parked in a fire
lane will be towed at the owner's expense. Any vehicle parked without
authorization in an area restricted due to force protection measures may
subject the driver to immediate suspension by the installation
commanding officer. Vehicle will be towed at the owner/operator's
expense.
(2) The installation commander has discretionary power to withdraw
the authorization of active duty military personnel, DOD civilian
employees, and nonappropriated funds (NAF) employees, contractors and
subcontractors to operate Government vehicles.
(3) Immediate suspension of installation or overseas command POV
driving privileges pending resolution of an intoxicated driving incident
is authorized for active duty military personnel, family members,
retired members of the military services, DOD civilian personnel, and
others with installation or overseas command driving privileges,
regardless of the geographic location of the intoxicated driving
incident. Suspension is authorized for non-DOD affiliated civilians only
with respect to incidents occurring on the installation or in areas
subject to military traffic supervision. After a review of available
information as specified in Sec. 634.11, installation driving
privileges will be immediately suspended pending resolution of the
intoxicated driving accident in the following circumstances:
(i) Refusal to take or complete a lawfully requested chemical test
to determine contents of blood for alcohol or other drugs.
(ii) Operating a motor vehicle with a blood alcohol content (BAC) of
.08 percent by volume (.08 grams per 100 milliliters) or higher or in
violation of the law of the jurisdiction that is being assimilated on
the military installation.
(iii) Operating a motor vehicle with a BAC of 0.05 percent by volume
but less than 0.08 percent blood alcohol by volume in violation of the
law of the jurisdiction in which the vehicle is being operated if the
jurisdiction imposes a suspension solely on the basis of the BAC level
(as measured in grams per 100 milliliters).
(iv) On an arrest report or other official documentation of the
circumstances of an apprehension for intoxicated driving.
(b) Revocation. (1) The revocation of installation or overseas
command POV driving privileges is a severe administrative measure to be
exercised for serious moving violations or when other available
corrective actions fail to produce the desired driver improvement.
Revocation of the driving privilege will be for a specified period, but
never less than 6 months, applies at all military installations, and
remains in effect upon reassignment.
(2) Driving privileges are subject to revocation when an individual
fails to comply with any of the conditions requisite to the granting
privilege (see Sec. 634.6). Revocation of installation driving and
registration privileges is authorized for military personnel, family
members, civilian employees of DOD, contractors, and other individuals
with installation driving privileges. For civilian guests, revocation is
authorized only with respect to incidents occurring on the installation
or in the areas subject to military traffic supervision.
(3) Driving privileges will be revoked for a mandatory period of not
less than 1 year in the following circumstances:
[[Page 24]]
(i) The installation commander or designee has determined that the
person lawfully apprehended for driving under the influence refused to
submit to or complete a test to measure the alcohol content in the
blood, or detect the presence of any other drug, as required by the law
of the jurisdiction, or installation traffic code, or by Service
directive.
(ii) A conviction, nonjudicial punishment, or a military or civilian
administrative action resulting in the suspension or revocation of
driver's license for intoxicated driving. Appropriate official
documentation of such conviction is required as the basis for
revocation.
(4) When temporary suspensions under paragraph (a)(3) of this
section are followed by revocations, the period of revocation is
computed beginning from the date the original suspension was imposed,
exclusive of any period during which full driving privileges may have
been restored pending resolution of charges. (Example: privileges were
initially suspended on January 1, 2000 for a charge of intoxicated
driving with a BAC of 0.14 percent. A hearing was held, extreme family
hardship was substantiated, and privileges were restored on February 1
pending resolution of the charge. On March 1, 2000, the driver was
convicted for intoxicated driving. The mandatory 1-year revocation
period will consist of January 2000 plus March 2000 through January
2001, for a total of 12 months with no installation driving privileges).
(c) Army provost marshals will use the automated VRS to develop and
maintain records showing that an individual's driving privileges have
been revoked.
Sec. 634.10 Remedial driver training programs.
(a) Navy activities will comply with OPNAVINST 5100.12 Series, and
Marine Corps activities with current edition of MCO 5100.19C for
establishment of remedial training programs.
(b) Installation commanders may establish a remedial driver-training
program to instruct and educate personnel requiring additional training.
Personnel may be referred to a remedial program on the basis of their
individual driving history or incidents requiring additional training.
The curriculum should provide instruction to improve driving performance
and compliance with traffic laws.
(c) Installation commanders may schedule periodic courses, or if not
practical, arrange for participation in courses conducted by local civil
authorities.
(d) Civilian personnel employed on the installation, contractor
employees, and family members of military personnel may attend remedial
courses on the installation, or similar courses off the installation
which incur no expense to the government.
Sec. 634.11 Administrative due process for suspensions and revocations.
(a) Individual Services will promulgate separate regulations
establishing administrative due process procedures for suspension or
revocation of driving privileges. The procedures in paragraphs (b) and
(c) of this section apply to actions taken by Army commanders with
respect to Army military personnel and family members and to civilian
personnel operating motor vehicles on Army installations. For Marine
Corps users, the provisions of this section apply. For Air Force users,
a preliminary suspension for intoxicated driving remains in effect until
the installation commander makes a final decision. Requested hearings
must take place within a reasonable period, which is determined by the
installation commander.
(b) For offenses other than intoxicated driving, suspension or
revocation of the installation driving privilege will not become
effective until the installation commander or designee notifies the
affected person and offers that person an administrative hearing.
Suspension or revocation will take place 14 calendar days after written
notice is received unless the affected person makes an application for a
hearing within this period. Such application will stay the pending
suspension or revocation for a period of 14 calendar days.
(1) If, due to action by the government, a hearing is not held
within 14 calendar days, the suspension will not
[[Page 25]]
take place until such time as the person is granted a hearing and is
notified of the action of the installation commander or designee.
However, if the affected person requests that the hearing be continued
to a date beyond the 14-day period, the suspension or revocation will
become effective immediately on receipt of notice that the request for
continuance has been granted, and remain in force pending a hearing at a
scheduled hearing date.
(2) If it is determined as a result of a hearing to suspend or
revoke the affected person's driving privilege, the suspension or
revocation will become effective when the person receives the written
notification of such action. In the event that written notification
cannot be verified, either through a return receipt for mail or delivery
through command channels, the hearing authority will determine the
effective date on a case-by-case basis.
(3) If the revocation or suspension is imposed after such hearing,
the person whose driving privilege has been suspended or revoked will
have the right to appeal or request reconsideration. Such requests must
be forwarded through command channels to the installation commander
within 14 calendar days from the date the individual is notified of the
suspension or revocation resulting from the administrative hearing. The
suspension or revocation will remain in effect pending a final ruling on
the request. Requests for restricted privileges will be considered per
Sec. 634.15.
(4) If driving privileges are temporarily restored (i.e., for family
hardship) pending resolution of charges, the period of revocation (after
final authority determination) will still total the mandatory 12 months.
The final date of the revocation will be adjusted to account for the
period when the violator's privileges were temporarily restored, as this
period does not count towards the revocation time.
(c) For drunk driving or driving under the influence offenses,
reliable evidence readily available will be presented promptly to an
individual designated by the installation commander for review and
authorization for immediate suspension of installation driving
privileges.
(1) The reviewer should be any officer to include GS-11 and above,
designated in writing by the installation or garrison commander whose
primary duties are not in the field of law enforcement.
(2) Reliable evidence includes witness statements, military or
civilian police report of apprehension, chemical test results if
completed, refusal to consent to complete chemical testing, videotapes,
statements by the apprehended individual, field sobriety or preliminary
breath tests results, and other pertinent evidence. Immediate suspension
should not be based solely on published lists of arrested persons,
statements by parties not witnessing the apprehension, or telephone
conversations or other information not supported by documented and
reliable evidence.
(3) Reviews normally will be accomplished within the first normal
duty day following final assembly of evidence.
(4) Installation commanders may authorize the installation law
enforcement officer to conduct reviews and authorize suspensions in
cases where the designated reviewer is not reasonably available and, in
the judgment of the installation law enforcement officer, such immediate
action is warranted. Air Force Security Forces personnel act in an
advisory capacity to installation commanders. Review by the designated
officer will follow as soon as practical in such cases. When a
suspension notice is based on the law enforcement officer's review,
there is no requirement for confirmation notice following subsequent
review by the designated officer.
(5) For active duty military personnel, final written notice of
suspension for intoxicated driving will be provided to the individual's
chain of command for immediate presentation to the individual. Air Force
Security Forces provide a copy of the temporary suspension to the
individual at the time of the incident or may provide a copy of the
final determination at the time of the incident, as pre-determined by
the final action authority.
(6) For civilian personnel, written notice of suspension for
intoxicated driving will normally be provided without delay via
certified mail. Air Force Security Forces personnel provide a copy
[[Page 26]]
of the temporary suspension to the individual at the time of the
incident or may provide a copy of the final determination at the time of
the incident, as pre-determined by the final action authority. If the
person is employed on the installation, such notice will be forwarded
through the military or civilian supervisor. When the notice of
suspension is forwarded through the supervisor, the person whose
privileges are suspended will be required to provide written
acknowledgment of receipt of the suspension notice.
(7) Notices of suspension for intoxicated driving will include the
following:
(i) The fact that the suspension can be made a revocation under
Sec. 634.9(b).
(ii) The right to request, in writing, a hearing before the
installation commander or designee to determine if post driving
privileges will be restored pending resolution of the charge; and that
such request must be made within 14 calendar days of the final notice of
suspension.
(iii) The right of military personnel to be represented by counsel
at his or her own expense and to present evidence and witnesses at his
or her own expense. Installation commanders will determine the
availability of any local active duty representatives requested.
(iv) The right of Department of Defense civilian employees to have a
personal representative present at the administrative hearing in
accordance with applicable laws and regulations.
(v) Written acknowledgment of receipt to be signed by the individual
whose privileges are to be suspended or revoked.
(8) If a hearing is requested, it must take place within 14 calendar
days of receipt of the request. The suspension for intoxicated driving
will remain in effect until a decision has been made by the installation
commander or designee, but will not exceed 14 calendar days after the
hearing while awaiting the decision. If no decision has been made by
that time, full driving privileges will be restored until such time as
the accused is notified of a decision to continue the suspension.
(9) Hearing on suspension actions under Sec. 634.9(a) for drunk or
impaired driving pending resolution of charges will cover only the
following pertinent issues of whether--
(i) The law enforcement official had reasonable grounds to believe
the person was driving or in actual physical control of a motor vehicle
under the influence of alcohol or other drugs.
(ii) The person was lawfully cited or apprehended for a driving
under the influence offense.
(iii) The person was lawfully requested to submit his or her blood,
breath, or urine in order to determine the content of alcohol or other
drugs, and was informed of the implied consent policy (consequences of
refusal to take or complete the test).
(iv) The person refused to submit to the test for alcohol or other
drug content of blood, breath, or urine; failed to complete the test;
submitted to the test and the result was .08 or higher blood alcohol
content, or between .05 and .08 in violation of the law of the
jurisdiction in which the vehicle is being operated if the jurisdiction
imposes a suspension solely on the basis of the BAC level; or showed
results indicating the presence of other drugs for an on-post
apprehension or in violation of State laws for an off-post apprehension.
(v) The testing methods were valid and reliable and the results
accurately evaluated.
(10) For revocation actions under Sec. 634.9(b) (3) for intoxicated
driving, the revocation is mandatory on conviction or other findings
that confirm the charge. (Pleas of nolo contendere are considered
equivalent to guilty pleas).
(i) Revocations are effective as of the date of conviction or other
findings that confirm the charges. Test refusal revocations will be in
addition to any other revocation incurred during a hearing. Hearing
authority will determine if revocations for multiple offenses will run
consecutively or concurrently taking into consideration if offenses
occurred on same occasion or different times, dates. The exception is
that test refusal will be one year automatic revocation in addition to
any other suspension.
(ii) The notice that revocation is automatic may be placed in the
suspension letter. If it does not appear in the suspension letter, a
separate letter
[[Page 27]]
must be sent and revocation is not effective until receipt of the
written notice.
(iii) Revocations cancel any full or restricted driving privileges
that may have been restored during suspension and the resolution of the
charges. Requests for restoration of full driving privileges are not
authorized.
(11) The Army Vehicle Registration System will be utilized to
maintain infractions by individuals on Army installations.
Sec. 634.12 Army administrative actions against intoxicated drivers.
Army commanders will take appropriate action against intoxicated
drivers. These actions may include the following:
(a) A written reprimand, administrative in nature, will be issued to
active duty Soldiers in the cases described in this paragraph (a). Any
general officer, and any officer frocked to the grade of brigadier
general, may issue this reprimand. Filing of the reprimand will be in
accordance with the provisions of AR 600-37.
(1) Conviction by courts-martial or civilian court or imposition of
nonjudicial punishment for an offense of drunk or impaired driving
either on or off the installation.
(2) Refusal to take or failure to complete a lawfully requested test
to measure alcohol or drug content of the blood, breath, or urine,
either on or off the installation, when there is reasonable belief of
driving under the influence of alcohol or drugs.
(3) Driving or being in physical control of a motor vehicle on post
when the blood alcohol content is 0.08 percent or higher, irrespective
of other charges, or off post when the blood alcohol content is in
violation of the law of the State involved.
(4) Driving, or being in physical control of a motor vehicle, either
on or off the installation, when lawfully conducted chemical tests
reflect the presence of illegal drugs.
(b) Review by the commander of the service records of active duty
soldiers apprehended for offenses described in paragraph (a) of this
section to determine if the following action(s) should be taken--
(1) Administrative reduction per AR 600-8-19, or
(2) Bar to reenlistment per AR 601-280, or
(3) Administrative separation per AR 635-200.
Sec. 634.13 Alcohol and drug abuse programs.
(a) Commanders will refer military personnel suspected of drug or
alcohol abuse for evaluation in the following circumstances:
(1) Behavior indicative of alcohol or drug abuse.
(2) Continued inability to drive a motor vehicle safely because of
alcohol or drug abuse.
(b) The commander will ensure military personnel are referred to the
installation alcohol and drug abuse program or other comparable
facilities when they are convicted of, or receive an official
administrative action for, any offense involving driving under the
influence. A first offender may be referred to treatment if evidence of
substance abuse exists in addition to the offense of intoxicated
driving. The provisions of this paragraph do not limit the commander's
prerogatives concerning other actions that may be taken against an
offender under separate Service/Agency polices (Army, see AR 600-85.
Marine Corps, see MCO P1700.24B).
(c) Active duty Army personnel apprehended for drunk driving, on or
off the installation, will be referred to the local Army Substance Abuse
Program (ASAP) for evaluation within 14 calendar days to determine if
the person is dependent on alcohol or other drugs which will result in
enrollment in treatment in accordance with AR 600-85. A copy of all
reports on military personnel and DOD civilian employees apprehended for
intoxicated driving will be forwarded to the installation alcohol and
drug abuse facility.
(d) Active duty Navy personnel apprehended for drunk driving on or
off the installation will be screened by the respective SARP facility
within 14 calendar days to determine if the individual is dependent on
alcohol or other drugs. Active duty Marines apprehended for intoxicated
driving, on or off the installation, will be referred to
[[Page 28]]
interview by a Level II substance abuse counselor within 14 calendar
days for evaluation and determination of the appropriate level of
treatment required. Subsequent to this evaluation, the Marine will be
assigned to the appropriate treatment programs as prescribed by MCO
P1700.24B.
(e) The Services/Agencies may develop preventive treatment and
rehabilitative programs for civilian employees with alcohol-related
problems.
(f) Army supervisors of civilian employees apprehended for
intoxicated driving will advise employees of ASAP services available.
Civilian employees apprehended for intoxicated driving while on duty
will be referred to the ASAP or comparable facility for evaluation in
accordance with AR 600-85. Army commanders will ensure that sponsors
encourage family members apprehended for drunk driving seek ASAP
evaluation and assistance.
(g) Navy and DLA civilian personnel charged with intoxicated driving
will be referred to the Civilian Employee Assistance Program in
accordance with 5 CFR part 792. Such referral does not exempt the
employee from appropriate administrative or disciplinary actions under
civilian personnel regulations.
(h) Marine Corps civilian employees charged with intoxicated
driving, on or off the installation, will be referred to the Employee
Assistance Program as prescribed by MCO P1700.24B. Marine family members
charged with intoxicated driving, on or off the installation, will be
provided assistance as addressed in MCO P1700.24B. Such referral and
assistance does not exempt the individual from appropriate
administrative or disciplinary action under current civilian personnel
regulations or State laws.
(i) For the Army, DLA, and the Marine Corps, installation driving
privileges of any person who refuses to submit to, or fails to complete,
chemical testing for blood-alcohol content when apprehended for
intoxicated driving, or convicted of intoxicated driving, will not be
reinstated unless the person successfully completes either an alcohol
education or treatment program sponsored by the installation, state,
county, or municipality, or other program evaluated as acceptable by the
installation commander.
(j) Active duty Air Force personnel apprehended for drunk driving,
on or off the installation, will be referred by their respective chain
of command to the Air Force Substance Abuse office for evaluation in
accordance with AFI 44-121/Alcohol Drug Abuse & Treatment Program, and
local policies within seven days.
(k) Local installation commanders will determine if active duty Air
Force personnel involved in any alcohol incident will immediately be
subjected to a urinalysis for drug content. If consent is not given for
the test, a command-directed test will be administered in accordance
with local policies.
Sec. 634.14 Restoration of driving privileges upon acquittal of
intoxicated driving.
The suspension of driving privileges for military and civilian
personnel shall be restored if a final disposition indicates a finding
of not guilty, charges are dismissed or reduced to an offense not
amounting to intoxicated driving, or where an equivalent determination
is made in a nonjudicial proceeding. The following are exceptions to the
rule in which suspensions will continue to be enforced.
(a) The preliminary suspension was based on refusal to take a BAC
test.
(b) The preliminary suspension resulted from a valid BAC test,
(unless disposition of the charges was based on invalidity of the BAC
test). In the case of a valid BAC test, the suspension will continue,
pending completion of a hearing as specified in Sec. 634.11. In such
instances, the individual will be notified in writing that the
suspension will continue and of the opportunity to request a hearing
within 14 calendar days.
(1) At the hearing, the arrest report, the commander's report of
official disposition, information presented by the individual, and such
other information as the hearing officer may deem appropriate will be
considered.
(2) If the hearing officer determines by a preponderance of evidence
that the individual was engaged in intoxicated driving, the revocation
will be
[[Page 29]]
for 1 year from the date of the original preliminary suspension.
(c) The person was driving or in physical control of a motor vehicle
while under a preliminary suspension or revocation.
(d) An administrative determination has been made by the state or
host nation licensing authority to suspend or revoke driving privileges.
(e) The individual has failed to complete a formally directed
substance abuse or driver's training program.
Sec. 634.15 Restricted driving privileges or probation.
(a) For the Navy, Air Force, Marine Corps, and DLA, the installation
commander, or his or her designee may modify a suspension or revocation
of driving privileges in certain cases per paragraph (d) of this
section.
(b) Army requests for restricted driving privileges subsequent to
suspension or revocation of installation driving privileges will be
referred to the installation commander or designee, except for
intoxicated driving cases, which must be referred to the General Court
Martial Convening Authority. Withdrawal of restricted driving privileges
is within the installation commander's discretion.
(c) Probation or restricted driving privileges will not be granted
to any person whose driver license or right to operate motor vehicles is
under suspension or revocation by a state, Federal, or host nation
licensing authority. Prior to application for probation or restricted
driving privileges, a state, Federal, or host nation driver's license or
right to operate motor vehicles must be reinstated. The burden of proof
for reinstatement of driving privileges lies with the person applying
for probation or restricted driving privileges. Revocations for test
refusals shall remain.
(d) The installation commander or designee may grant restricted
driving privileges or probation on a case-by-case basis provided the
person's state or host nation driver's license or right to operate motor
vehicles remains valid to accommodate any of the following reasons:
(1) Mission requirements.
(2) Unusual personal or family hardships.
(3) Delays exceeding 90 days, not attributed to the person
concerned, in the formal disposition of an apprehension or charges that
are the basis for any type of suspension or revocation.
(4) When there is no reasonably available alternate means of
transportation to officially assigned duties. In this instance, a
limited exception can be granted for the sole purpose of driving
directly to and from the place of duty.
(e) The terms and limitations on a restricted driving privilege (for
example, authorization to drive to and from place of employment or duty,
or selected installation facilities such as hospital, commissary, and or
other facilities) will be specified in writing and provided to the
individual concerned. Persons found in violation of the restricted
privilege are subject to revocation action as prescribed in Sec. 634.9.
(f) The conditions and terms of probation will be specified in
writing and provided to the individual concerned. The original
suspension or revocation term in its entirety may be activated to
commence from the date of the violation of probation. In addition,
separate action may be initiated based on the commission of any traffic,
criminal, or military offense that constitutes a probation violation.
(g) DOD employees and contractors, who can demonstrate that
suspension or revocation of installation driving privileges would
constructively remove them from employment, may be given a limiting
suspension/revocation that restricts driving on the installation or
activity (or in the overseas command) to the most direct route to and
from their respective work sites (5 U.S.C. 2302(b) (10)). This is not to
be construed as limiting the commander from suspension or revocation of
on-duty driving privileges or seizure of OF 346, even if this action
would constructively remove a person from employment in those instances
in which the person's duty requires driving from place to place on the
installation.
Sec. 634.16 Reciprocal state-military action.
(a) Commanders will recognize the interests of the states in matters
of
[[Page 30]]
POV administration and driver licensing. Statutory authority may exist
within some states or host nations for reciprocal suspension and
revocation of driving privileges. See subpart D of this part for
additional information on exchanging and obtaining information with
civilian law enforcement agencies concerning infractions by Armed
Service personnel off post. Installation commanders will honor the
reciprocal authority and direct the installation law enforcement officer
to pursue reciprocity with state or host nation licensing authorities.
Upon receipt of written or other official law enforcement communication
relative to the suspension/revocation of driving privileges, the
receiving installation will terminate driving privileges as if
violations occurred within its own jurisdiction.
(b) When imposing a suspension or revocation for an off-installation
offense, the effective date should be the same as civil disposition, or
the date that state or host-nation driving privileges are suspended or
revoked. This effective date can be retroactive.
(c) If statutory authority does not exist within the state or host
nation for formal military reciprocity, the procedures below will be
adopted:
(1) Commanders will recognize official documentation of suspensions/
revocations imposed by state or host nation authorities. Administrative
actions (suspension/revocations, or if recognized, point assessment) for
moving traffic violations off the installation should not be less than
required for similar offenses on the installation. When notified by
state or host nation authorities of a suspension or revocation, the
person's OF 346 may also be suspended.
(2) In CONUS, the host and issuing state licensing authority will be
notified as soon as practical when a person's installation driving
privileges are suspended or revoked for any period, and immediately for
refusal to submit to a lawful BAC test. The notification will be sent to
the appropriate state DMV(s) per reciprocal agreements. In the absence
of electronic communication technology, the appropriate state DMV(s)
will be notified by official certified mail. The notification will
include the basis for the suspension/revocation and the BAC level if
applicable.
(d) OCONUS installation commanders must follow provisions of the
applicable Status of Forces Agreement (SOFA), the law of the host nation
concerning reciprocal suspension and revocation, and other international
agreements. To the extent an agreement concerning reciprocity may be
permitted at a particular overseas installation, the commander must have
prior authorization to negotiate and conclude such an international
agreement in accordance with applicable international agreements, DODD
5530.3, International Agreements, June 87, and other individual Service
instructions.
Sec. 634.17 Extensions of suspensions and revocations.
(a) Driving in violation of a suspension or revocation imposed under
this part will result in the original period of suspension or revocation
being increased by 2 years. In addition, administrative action may be
initiated based on the commission of any traffic, criminal, or military
offenses, for example, active duty military personnel driving on the
installation in violation of a lawful order.
(b) For each subsequent determination within a 5-year period that
revocation is authorized under Sec. 634.9, military personnel, DOD
civilians, contractors and NAF employees will be prohibited from
obtaining or using an OF 346 for 6 months for each such incident. A
determination whether DOD civilian personnel should be prohibited from
obtaining or using an OF 346 will be made in accordance with the laws
and regulations applicable to civilian personnel. This does not preclude
a commander from imposing such prohibition for a first offense, or for a
longer period of time for a first or subsequent offense, or for such
other reasons as may be authorized.
(c) Commanders may extend a suspension or revocation of driving
privileges on personnel until completion of an approved remedial driver
training course or alcohol or drug counseling programs after proof is
provided.
(d) Commanders may extend a suspension or revocation of driving
privileges on civilian personnel convicted of
[[Page 31]]
intoxicated driving on the installation until successful completion of a
state or installation approved alcohol or drug rehabilitation program.
(e) For Navy personnel for good cause, the appropriate authority may
withdraw the restricted driving privilege and continue the suspension or
revocation period (for example, driver at fault in the traffic accident,
or driver cited for a moving violation.
Sec. 634.18 Reinstatement of driving privileges.
Reinstatement of driving privileges shall be automatic, provided all
revocations applicable have expired, proper proof of completion of
remedial driving course and/or substance abuse counseling has been
provided, and reinstatement requirements of individual's home state and/
or state the individual may have been suspended in, have been met.
Subpart C_Motor Vehicle Registration
Sec. 634.19 Registration policy.
(a) Motor vehicles will be registered according to guidance in this
part and in policies of each Service and DLA. A person who lives or
works on an Army, DLA, Air Force, Navy, or Marine Corps installation, or
Army National Guard of the U.S. (ARNGUS) facility, or often uses the
facilities is required to register his or her vehicle. Also, individuals
who access the installation for regular activities such as use of
medical facilities and regular recurring activities on the installation
should register their vehicles according to a standard operating
procedure established by the installation commander. The person need not
own the vehicle to register it, but must have a lease agreement, power
of attorney, or notarized statement from the owner of the vehicle
specifying the inclusive dates for which permission to use the vehicle
has been granted.
(b) Vehicles intended for construction and material handling, or
used solely off the road, are usually not registered as motor vehicles.
Installation commanders may require registration of off-road vehicles
and bicycles under a separate local system.
(c) Commanders can grant limited temporary registration for up to 30
days, pending permanent registration, or in other circumstances for
longer terms.
(d) Except for reasons of security, all installations and activities
of the Services and DLA within the United States and its territories
with a vehicle registration system will use and honor the DD Form 2220,
(Department of Defense Registration Decal). Registration in overseas
commands may be modified in accordance with international agreements or
military necessity.
(e) Army Installation commanders will establish local visitor
identification for individuals who will be on installation for less than
30 days. The local policy will provide for use of temporary passes that
establish a start and end date for which the pass is valid. Army
installation commanders must refer to AR 190-16 Chapter 2 for guidance
concerning installation access control. (Air Force, see AFI 31-204).
Other Armed Services and DLA may develop and issue visitor passes
locally.
(f) The conditions in Sec. 634.20 must be met to operate a POV on
an Army and DLA Installation. Other Armed Services that do not require
registration will enforce Sec. 634.20 through traffic enforcement
actions. Additionally, failure to comply with Sec. 634.20 may result in
administrative suspension or revocation of driving privileges.
Sec. 634.20 Privately owned vehicle operation requirements.
Personnel seeking to register their POVs on military installations
within the United States or its territories and in overseas areas will
comply with the following requirements. (Registration in overseas
commands may be modified in accordance with international agreements or
military necessity.)
(a) Possess a valid state, overseas command, host nation or
international drivers license (within appropriate classification),
supported by DD Form 2, or other appropriate identification for DOD
civilians, contractors and retirees. DA Form 1602, Civilian
Identification Card, is limited for identification on Army installations
only.
[[Page 32]]
(b) Possess a certificate of state registration as required by the
state in which the vehicle is registered.
(c) Comply with the minimum requirements of the automobile insurance
laws or regulations of the state or host nation. In overseas commands
where host nation laws do not require minimum personal injury and
property damage liability insurance, the major overseas commander will
set reasonable liability insurance requirements for registration and/or
operation of POVs within the confines of military installations and
areas where the commander exercises jurisdiction. Prior to
implementation, insurance requirements in host states or nations should
be formally coordinated with the appropriate host agency.
(d) Satisfactorily complete a safety and mechanical vehicle
inspection by the state or jurisdiction in which the vehicle is
licensed. If neither state nor local jurisdiction requires a periodic
safety inspection, installation commanders may require and conduct an
annual POV safety inspection; however, inspection facilities must be
reasonably accessible to those requiring use. Inspections will meet
minimum standards established by the National Highway Traffic Safety
Administration (NHTSA) in 49 CFR 570.1 through 570.10. Lights, turn
signals, brake lights, horn, wipers, and pollution control devices and
standards in areas where applicable, should be included in the
inspection. Vehicles modified from factory standards and determined
unsafe may be denied access and registration.
(e) Possess current proof of compliance with local vehicle emission
inspection if required by the state, and maintenance requirements.
(f) Vehicles with elevated front or rear ends that have been
modified in a mechanically unsafe manner are unsafe and will be denied
registration. 49 CFR 570.8 states that springs shall not be extended
above the vehicle manufacturer's design height.
Sec. 634.21 Department of Defense Form 2220.
(a) Use. DD Form 2220 will be used to identify registered POVs on
Army, Navy, Air Force, Marine Corps, and DLA installations or
facilities. The form is produced in single copy for conspicuous
placement on the front of the vehicle only (windshield or bumper). If
allowed by state laws, the decal is placed in the center by the rear
view mirror or the lower portion of the driver's side windshield. The
requirement to affix the DD Form 2220 to the front windshield or bumper
of registered vehicles is waived for General Officers and Flag Officers
of all Armed Services, Armed Service Secretaries, Political Appointees,
Members of Congress, and the Diplomatic Corps.
(1) Each Service and DLA will procure its own forms and installation
and expiration tabs. For the Army, the basic decal will be ordered
through publications channels and remain on the vehicle until the
registered owner disposes of the vehicle, separates from active duty or
other conditions specified in paragraph (a)(2) of this section. Air
Force, DLA, and Army retirees may retain DD Form 2220. Army retirees are
required to follow the same registration and VRS procedures as active
duty personnel. Upon termination of affiliation with the service, the
registered owner or authorized operator is responsible for removing the
DD Form 2220 from the vehicle and surrender of the decal to the issuing
office. Army installation commanders are responsible for the costs of
procuring decals with the name of their installation and related
expiration tabs. Air Force installations will use the installation tag
(4 by \1/2\) to identify the Air Force
Installation where the vehicle is registered. Air Force personnel may
retain the DD Form 2220 upon reassignment, retirement, or separation
provided the individual is still eligible for continued registration,
the registration is updated in SFMIS, and the installation tab is
changed accordingly. Position the decal directly under the DD Form 2220.
(2) For other Armed Services and DLA, DD Form 2220 and installation
and expiration tabs will be removed from POV's by the owner prior to
departure from their current installation, retirement, or separation
from military or government affiliation, termination of ownership,
registration, liability insurance, or other conditions further
identified by local policy.
[[Page 33]]
(b) Specifications. (1) DD Form 2220 and installation and expiration
tabs will consist of international blue borders and printing on a white
background. Printer information will include the following:
(i) Form title (Department of Defense Registered Vehicle).
(ii) Alphanumeric individual form identification number.
(iii) DOD seal.
(2) Name of the installation will be specified on a separate tab
abutting the decal. Each Service or DLA may choose optional color codes
for the registrant. Army and installations having vehicle registration
programs will use the following standard color scheme for the
installation tab:
(i) Blue-officers.
(ii) Red-enlisted.
(iii) Green DA civilian employees (including NAF employees).
(iv) Black-contractor personnel and other civilians employed on the
installation. White will be used for contract personnel on Air Force
installations.
(3) An expiration tab identifying the month and year (6-2004), the
year (2000) or simply ``00'' will be abutted to right of the decal. For
identification purposes, the date of expiration will be shown in bold
block numbers on a lighter contrasting background such as traffic
yellow, lime, or orange.
(4) DD Form 2220 and any adjoining tabs will be theft resistant when
applied to glass, metal, painted, or rubberized surfaces and
manufactured so as to obliterate or self destruct when removal is
attempted. Local policy guided by state or host nation laws will specify
the exact placement of DD Form 2220.
(5) For Navy and Marine Corps military personnel the grade insignia
will be affixed on placards, approximately 5 inches by 8 inches in size,
and placed on the driver's side dashboard. Placards should be removed
from view when the vehicle is not located on a military installation.
Sec. 634.22 Termination or denial of registration.
Installation commanders or their designated representatives will
terminate POV registration or deny initial registration under the
following conditions (decal and tabs will be removed from the vehicle
when registration is terminated):
(a) The owner fails to comply with the registration requirements.
(b) The owner sells or disposes of the POV, is released from active
duty, separated from the Service, or terminates civilian employment with
a military Service or DOD agency. Army and Air Force personnel on a
permanent change of station will retain the DD Form 2220 if the vehicle
is moved to their new duty station.
(c) The owner is other than an active duty military or civilian
employee and discontinues regular operations of the POV on the
installation.
(d) The owner's state, overseas command, or host nation driver's
license is suspended or revoked, or the installation driving privilege
is revoked. Air Force does not require removal of the DD Form 2220 when
driving privileges are suspended for an individual. When vehicle
registration is terminated in conjunction with the revocation of
installation driving privileges, the affected person must apply to re-
register the POV after the revocation expires. Registration should not
be terminated if other family members having installation driving
privileges require use of the vehicle.
Sec. 634.23 Specified consent to impoundment.
Personnel registering POVs on DOD installations 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 that
(insert number and title of separate Service or DLA directive) and the
installation traffic code provide for the removal and temporary
impoundment of privately owned motor vehicles that are either parked
illegally, or for unreasonable periods, interfering with military
operations, creating a safety hazard, disabled by accident, left
unattended in a restricted or control area, or abandoned. I agree to
reimburse the United States for the cost of towing and storage should my
motor vehicle(s), because of such circumstances, be removed and
impounded.''
[[Page 34]]
Subpart D_Traffic Supervision
Sec. 634.24 Traffic planning and codes.
(a) Safe and efficient movement of traffic on an installation
requires traffic supervision. A traffic supervision program includes
traffic circulation planning and control of motor vehicle traffic;
publication and enforcement of traffic laws and regulations; and
investigation of motor vehicle accidents.
(b) Installation commanders will develop traffic circulation plans
that provide for the safest and most efficient use of primary and
secondary roads. Circulation planning should be a major part of all
long-range master planning at installations. The traffic circulation
plan is developed by the installation law enforcement officer, engineer,
safety officer, and other concerned staff agencies. Highway engineering
representatives from adjacent civil communities must be consulted to
ensure the installation plan is compatible with the current and future
circulation plan of the community. The plan should include the
following:
(1) Normal and peak load routing based on traffic control studies.
(2) Effective control of traffic using planned direction, including
measures for special events and adverse road or weather conditions.
(3) Point control at congested locations by law enforcement
personnel or designated traffic directors or wardens, including trained
school-crossing guards.
(4) Use of traffic control signs and devices.
(5) Efficient use of available parking facilities.
(6) Efficient use of mass transportation.
(c) Traffic control studies will provide factual data on existing
roads, traffic density and flow patterns, and points of congestion. The
installation law enforcement officer and traffic engineer usually
conduct coordinated traffic control studies to obtain the data. Accurate
data will help determine major and minor routes, location of traffic
control devices, and conditions requiring engineering or enforcement
services.
(d) The (Military) Surface Deployment and Distribution Command
Transportation Engineering Agency (SDDCTEA) will help installation
commanders solve complex highway traffic engineering problems. SDDCTEA
traffic engineering services include--
(1) Traffic studies of limited areas and situations.
(2) Complete studies of traffic operations of entire installations.
(This can include long-range planning for future development of
installation roads, public highways, and related facilities.)
(3) Assistance in complying with established traffic engineering
standards.
(e) Installation commanders should submit requests for traffic
engineering services in accordance with applicable service or agency
directives.
Sec. 634.25 Installation traffic codes.
(a) Installation or activity commanders will establish a traffic
code for operation of motor vehicles on the installation. Commanders in
overseas areas will establish a traffic code, under provisions of this
part, to the extent military authority is empowered to regulate traffic
on the installation under the applicable SOFA. Traffic codes will
contain the rules of the road (parking violations, towing instructions,
safety equipment, and other key provisions). These codes will, where
possible, conform to the code of the State or host nation in which the
installation is located. In addition, the development and publication of
installation traffic codes will be based on the following:
(1) Highway Safety Program Standards (23 U.S.C. 402).
(2) Applicable portions of the Uniform Vehicle Code and Model
Traffic Ordinance published by the National Committee on Uniform Traffic
Laws and Ordinances.
(b) The installation traffic code will contain policy and procedures
for the towing, searching, impounding, and inventorying of POVs. These
provisions should be well publicized and contain the following:
(1) Specific violations and conditions under which the POV will be
impounded and towed.
(2) Procedures to immediately notify the vehicle owner.
(3) Procedures for towing and storing impounded vehicles.
[[Page 35]]
(4) Actions to dispose of the vehicle after lawful impoundment.
(5) Violators are responsible for all costs of towing, storage and
impounding of vehicles for other than evidentiary reasons.
(c) Installation traffic codes will also contain the provisions
discussed as follows: (Army users, see AR 385-55).
(1) Motorcycles and mopeds. For motorcycles and other self-
propelled, open, two-wheel, three-wheel, and four-wheel vehicles powered
by a motorcycle-type engine, the following traffic rules apply:
(i) Headlights will be on at all times when in operation.
(ii) A rear view mirror will be attached to each side of the
handlebars.
(iii) Approved protective helmets, eye protection, hard-soled shoes,
long trousers and brightly colored or reflective outer upper garment
will be worn by operators and passengers when in operation.
(2) Restraint systems. (i) Restraint systems (seat belts) will be
worn by all operators and passengers of U.S. Government vehicles on or
off the installation.
(ii) Restraint systems will be worn by all civilian personnel
(family members, guests, and visitors) driving or riding in a POV on the
installation.
(iii) Restraint systems will be worn by all military service members
and Reserve Component members on active Federal service driving or
riding in a POV whether on or off the installation.
(iv) Infant/child restraint devices (car seats) will be required in
POVs for children 4 years old or under and not exceeding 45 pounds in
weight.
(v) Restraint systems are required only in vehicles manufactured
after model year 1966.
(3) Driver distractions. Vehicle operators on a DoD Installation and
operators of Government owned vehicles shall not use cell phones unless
the vehicle is safely parked or unless they are using a hands-free
device. The wearing of any other portable headphones, earphones, or
other listening devices (except for hand-free cellular phones) while
operating a motor vehicle is prohibited. Use of those devices impairs
driving and masks or prevents recognition of emergency signals, alarms,
announcements, the approach of vehicles, and human speech. DoD Component
safety guidance should note the potential for driver distractions such
as eating and drinking, operating radios, CD players, global positioning
equipment, etc. Whenever possible this should only be done when the
vehicle is safely parked.
(d) Only administrative actions (reprimand, assessment of points,
loss of on-post driving privileges, or other actions) will be initiated
against service members for off-post violations of the installation
traffic code.
(e) In States where traffic law violations are State criminal
offenses, such laws are made applicable under the provisions of 18
U.S.C. 13 to military installations having concurrent or exclusive
Federal jurisdiction.
(f) In those States where violations of traffic law are not
considered criminal offenses and cannot be assimilated under 18 U.S.C.,
DODD 5525.4, enclosure 1 expressly adopts the vehicular and pedestrian
traffic laws of such States and makes these laws applicable to military
installations having concurrent or exclusive Federal jurisdiction. It
also delegates authority to installation commanders to establish
additional vehicular and pedestrian traffic rules and regulations for
their installations. Persons found guilty of violating the vehicular and
pedestrian traffic laws made applicable on the installation under
provisions of that directive are subject to a fine as determined by the
local magistrate or imprisonment for not more than 30 days, or both, for
each violation. In those States where traffic laws cannot be
assimilated, an extract copy of this paragraph (f) and a copy of the
delegation memorandum in DODD 5525.4, enclosure 1, will be posted in a
prominent place accessible to persons assigned, living, or working on
the installation.
(g) In those States where violations of traffic laws cannot be
assimilated because the Federal Government's jurisdictional authority on
the installation or parts of the installation is only proprietary,
neither 18 U.S.C. 13 nor the delegation memorandum in DoDD
[[Page 36]]
5525.4, enclosure 1, will permit enforcement of the State's traffic laws
in Federal courts. Law enforcement authorities on those military
installations must rely on either administrative sanctions related to
the installation driving privilege or enforcement of traffic laws by
State law enforcement authorities.
Sec. 634.26 Traffic law enforcement principles.
(a) Traffic law enforcement should motivate drivers to operate
vehicles safely within traffic laws and regulations and maintain an
effective and efficient flow of traffic. Effective enforcement should
emphasize voluntary compliance by drivers and can be achieved by the
following actions:
(1) Publishing a realistic traffic code well known by all personnel.
(2) Adopting standard signs, markings, and signals in accordance
with NHSPS and the Manual on Uniform Traffic Control Devices for Streets
and Highways.
(3) Ensuring enforcement personnel establish courteous, personal
contact with drivers and act promptly when driving behavior is improper
or a defective vehicle is observed in operation.
(4) Maintaining an aggressive program to detect and apprehend
persons who drive while privileges are suspended or revoked.
(5) Using sound discretion and judgment in deciding when to
apprehend, issue citations, or warn the offender.
(b) Selective enforcement will be used when practical. Selective
enforcement deters traffic violations and reduces accidents by the
presence or suggested presence of law enforcement personnel at places
where violations, congestion, or accidents frequently occur. Selective
enforcement applies proper enforcement measures to traffic congestion
and focuses on selected time periods, conditions, and violations that
cause accidents. Law enforcement personnel use selective enforcement
because that practice is the most effective use of resources.
(c) Enforcement activities against intoxicated driving will
include--
(1) Detecting, apprehending, and testing persons suspected of
driving under the influence of alcohol or drugs.
(2) Training law enforcement personnel in special enforcement
techniques.
(3) Enforcing blood-alcohol concentration standards. (See Sec.
634.34).
(4) Denying installation driving privileges to persons whose use of
alcohol or other drugs prevents safe operation of a motor vehicle.
(d) Installation officials will formally evaluate traffic
enforcement on a regular basis. That evaluation will examine procedures
to determine if the following elements of the program are effective in
reducing traffic accidents and deaths:
(1) Selective enforcement measures;
(2) Suspension and revocation actions; and
(3) Chemical breath-testing programs.
Sec. 634.27 Speed-measuring devices.
Speed-measuring devices will be used in traffic control studies and
enforcement programs. Signs may be posted to indicate speed-measuring
devices are being used.
(a) Equipment purchases. Installations will ensure operators attend
an appropriate training program for the equipment in use.
(b) Training and certification standards. (1) The commander of each
installation using traffic radar will ensure that personnel selected as
operators of such devices meet training and certification requirements
prescribed by the State (or SOFA) in which the installation is located.
Specific information on course dates, costs, and prerequisites for
attending may be obtained by contacting the State agency responsible for
police traffic radar training.
(2) Installation commanders located in States or overseas areas
where no formal training program exists, or where the military personnel
are unable or ineligible to participate in police traffic radar training
programs, may implement their own training program or use a selected
civilian institution or manufacturer's course.
(3) The objective of the civilian or manufacturer-sponsored course
is to improve the effectiveness of speed enforcement through the proper
and efficient use of speed-measurement radar.
[[Page 37]]
On successful completion, the course graduate must be able to--
(i) Describe the association between excessive speed and accidents,
deaths, and injuries, and describe the traffic safety benefits of
effective speed control.
(ii) Describe the basic principles of radar speed measurement.
(iii) Identify and describe the Service's policy and procedures
affecting radar speed measurement and speed enforcement.
(iv) Identify the specific radar instrument used and describe the
instrument's major components and functions.
(v) Demonstrate basic skills in checking calibration and operating
the specific radar instrument(s).
(vi) Demonstrate basic skills in preparing and presenting records
and courtroom testimony relating to radar speed measurement and
enforcement.
(c) Recertification. Recertification of operators will occur every 3
years, or as prescribed by State law.
Sec. 634.28 Traffic accident investigation.
Installation law enforcement personnel must make detailed
investigations of accidents described in this section:
(a) Accidents involving Government vehicles or Government property
on the installation involving a fatality, personal injury, or estimated
property damage in the amount established by separate Service/DLA
policy. (Minimum damage limits are: Army, $1,000; Air Force, as
specified by the installation commander; Navy and Marine Corps, $500.)
The installation motor pool will provide current estimates of the cost
of repairs. Investigations of off-installation accidents involving
Government vehicles will be made in cooperation with the civilian law
enforcement agency.
(b) POV accidents on the installation involving a fatality, personal
injury, or when a POV is inoperable as a result of an accident.
(c) Any accident prescribed within a SOFA agreement.
Sec. 634.29 Traffic accident investigation reports.
(a) Accidents requiring immediate reports. The 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. The operator of any Government vehicle involved in a
similar accident off the installation must immediately notify the local
civilian law enforcement agency having jurisdiction, as well as law
enforcement personnel of the nearest military installation.
(b) Investigation records. Installation law enforcement officials
will record traffic accident investigations on Service/DLA forms.
Information will be released according to Service/DLA policy, the
Privacy Act, and the Freedom of Information Act.
(c) Army law enforcement officers. These officers provide the local
Safety Office copies of traffic accident investigation reports
pertaining to accidents investigated by military police that resulted in
a fatality, personal injury, or estimated damage to Government vehicles
or property in excess of $1,000.
(d) POV accidents not addressed in Sec. 634.28. Guidance for
reporting these cases is provided as follows:
(1) Drivers or owners of POVs will be required to submit a written
report to the installation law enforcement office within 24 hours of an
accident in the following cases, with all information listed in
paragraph (d)(3) of this section:
(i) The accident occurs on the installation.
(ii) The accident involves no personal injury.
(iii) The accident involves only minor damage to the POV and the
vehicle can be safely and normally driven from the scene under its own
power.
(2) Information in the written report cannot be used in criminal
proceedings against the person submitting it unless it was originally
categorized a hit and run and the violator is the person submitting the
report. Rights advisement will be given prior to any criminal traffic
statements provided by violators.
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Within the United States, the installation law enforcement official may
require such reporting on Service forms or forms of the State
jurisdiction.
(3) Reports required in paragraph (d) (1) of this section by the
Army will include the following about the accident:
(i) Location, date, and time.
(ii) Identification of all drivers, pedestrians, and passengers
involved.
(iii) Identification of vehicles involved.
(iv) Speed and direction of travel of each vehicle involved,
including a sketch of the collision and roadway with street names and
north arrow.
(v) Property damage involved.
(vi) Environmental conditions at the time of the incident (weather,
visibility, road surface condition, and other factors).
(vii) A narrative description of the events and circumstances
concerning the accident.
Sec. 634.30 Use of traffic accident investigation report data.
(a) Data derived from traffic accident investigation reports and
from vehicle owner accident reports will be analyzed to determine
probable causes of accidents. When frequent accidents occur at a
location, the conditions at the location and the types of accidents
(collision diagram) will be examined.
(b) Law enforcement personnel and others who prepare traffic
accident investigation reports will indicate whether or not seat
restraint devices were being used at the time of the accident.
(c) When accidents warrant, an installation commander may establish
a traffic accident review board. The board will consist of law
enforcement, engineer, safety, medical, and legal personnel. The board
will determine principal factors leading to the accident and recommend
measures to reduce the number and severity of accidents on and off the
installation. (The Air Force will use Traffic Safety Coordinating
Groups. The Navy will use Traffic Safety Councils per OPNAVINST 5100.12
Series).
(d) Data will be shared with the installation legal, engineer,
safety, and transportation officers. The data will be used to inform and
educate drivers and to conduct traffic engineering studies.
(e) Army traffic accident investigation reports will be provided to
Army Centralized Accident Investigation of Ground Accidents (CAIG)
boards on request. The CAIG boards are under the control of the
Commander, U.S. Army Safety Center, Fort Rucker, AL 36362-5363. These
boards investigate Class A, on-duty, non-POV accidents and other
selected accidents Army-wide (See AR 385-40). Local commanders provide
additional board members as required to complete a timely and accurate
investigation. Normally, additional board members are senior equipment
operators, maintenance officer, and medical officers. However, specific
qualifications of the additional board members may be dictated by the
nature of the accident.
(f) The CAIG program is not intended to interfere with, impede, or
delay law enforcement agencies in the execution of regulatory
responsibilities that apply to the investigation of accidents for a
determination of criminal intent or criminal acts. Criminal
investigations have priority.
(g) Army law enforcement agencies will maintain close liaison and
cooperation with CAIG boards. Such cooperation, particularly with
respect to interviews of victims and witnesses and in collection and
preservation of physical evidence, should support both the CAIG and law
enforcement collateral investigations.
Sec. 634.31 Parking.
(a) The most efficient use of existing on- and off-street parking
space should 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 of eligible parkers. Designation of
parking spaces by name, grade, rank, or title should be avoided.
(c) Illegal parking contributes to congestion and slows traffic flow
on an installation. Strong enforcement of parking restrictions results
in better use of available parking facilities and eliminates conditions
causing traffic accidents.
[[Page 39]]
(d) The ``Denver boot'' device is authorized for use as a technique
to assist in the enforcement of parking violations where immobilization
of the POV is necessary for safety. Under no circumstances should the
device be used to punish or ``teach a lesson'' to violators. Booting
should not be used if other reasonably effective but less restrictive
means of enforcement (such as warnings, ticketing, reprimands,
revocations, or suspensions of on-post driving privileges) are
available. Procedures for booting must be developed as follows:
(1) Local standing operating procedures (SOPs) must be developed to
control the discretion of enforcers and limit booting to specific
offenses. SOPs should focus on specific reasons for booting, such as
immobilization of unsafe, uninspected, or unregistered vehicles or
compelling the presence of repeat offenders. All parking violations must
be clearly outlined in the installation traffic code.
(2) Drivers should be placed on notice that particular violations or
multiple violations may result in booting. Also, drivers must be
provided with a prompt hearing and an opportunity to obtain the release
of their property.
(3) To limit liability, drivers must be warned when a boot is
attached to their vehicle and instructed how to have the boot removed
without damaging the vehicle.
Sec. 634.32 Traffic violation reports.
(a) Most traffic violations occurring on DOD installations (within
the UNITED STATES or its territories) should be referred to the proper
U.S. Magistrate. (Army, see AR 190-29; DLA, see DLAI 5720.4; and Air
Force, see AFI 51-905). However, violations are not referred when--
(1) The operator is driving a Government vehicle at the time of the
violation.
(2) A Federal Magistrate is either not available or lacks
jurisdiction to hear the matter because the violation occurred in an
area where the Federal Government has only proprietary legislative
jurisdiction.
(3) Mission requirements make referral of offenders impractical.
(4) A U.S. Magistrate is available but the accused refuses to
consent to the jurisdiction of the court and the U.S. Attorney refuses
to process the case before a U.S. District Court. For the Navy, DUI and
driving under the influence of drugs cases will be referred to the
Federal Magistrate.
(b) Installation commanders will establish administrative procedures
for processing traffic violations.
(1) All traffic violators on military installations will be issued
either a DD Form 1408 (Armed Forces Traffic Ticket) or a DD Form 1805
(United States District Court Violation Notice), as appropriate. Unless
specified otherwise by separate Service/DLA policy, only on-duty law
enforcement personnel (including game wardens) designated by the
installation law enforcement officer may issue these forms. Air Force
individuals certified under the Parking Traffic Warden Program may issue
DD Form 1408 in areas under their control.
(2) A copy of all reports on military personnel and DOD civilian
employees apprehended for intoxicated driving will be forwarded to the
installation alcohol and drug abuse facility.
(c) Installation commanders will establish procedures used for
disposing of traffic violation cases through administrative or judicial
action consistent with the Uniform Code of Military Justice (UCMJ) and
Federal law.
(d) DD Form 1805 will be used to refer violations of State traffic
laws made applicable to the installation (Assimilative Crimes Act (18
U.S.C. 13) and the delegation memorandum in DoDD 5525.4, enclosure 1,
and other violations of Federal law) to the U.S. Magistrate. (Army
users, see AR 190-29.)
(1) A copy of DD Form 1805 and any traffic violation reports on
military personnel and DOD civilian employees will be forwarded to the
commander or supervisor of the violator. DA form 3975 may be used to
forward the report.
(2) Detailed instructions for properly completing DD Form 1805 are
contained in separate Service policy directives.
(3) The assimilation of State traffic laws as Federal offenses
should be identified by a specific State code reference in the CODE
SECTION block of the DD
[[Page 40]]
Form 1805 (or in a complaint filed with the U.S. Magistrate).
(4) The Statement of Probable Cause on the DD Form 1805 will be used
according to local staff judge advocate and U.S. Magistrate court
policy. The Statement of Probable Cause is required by the Federal
misdemeanor rules to support the issuance of a summons or arrest
warrant.
(5) For cases referred to U.S. Magistrates, normal distribution of
DD Form 1805 will be as follows:
(i) The installation law enforcement official will forward copy 1
(white) and copy 2 (yellow) to the U.S. District Court (Central
Violation Bureau).
(ii) The installation law enforcement office will file copy 3
(pink).
(iii) Law enforcement personnel will provide copy 4 (envelope) to
the violator.
(e) When DD Form 1408 is used, one copy (including written warnings)
will be forwarded through command channels to the service member's
commander, to the commander of the military family member's sponsor, or
to the civilian's supervisor or employer as the installation commander
may establish.
(1) Previous traffic violations committed by the offender and points
assessed may be shown.
(2) For violations that require a report of action taken, the DD
Form 1408 will be returned to the office of record through the reviewing
authority as the installation commander may establish.
(3) When the report is received by the office of record, that office
will enter the action on the violator's driving record.
Sec. 634.33 Training of law enforcement personnel.
(a) As a minimum, installation law enforcement personnel will be
trained to do the following:
(1) Recognize signs of alcohol and other drug impairment in persons
operating motor vehicles.
(2) Prepare DD Form 1920 (Alcohol Influence Report).
(3) Perform the three field tests of the improved sobriety testing
techniques (Sec. 634.36 (b)).
(4) Determine when a person appears intoxicated but is actually
physically or mentally ill and requires prompt medical attention.
(5) Understand the operation of breath-testing devices.
(b) Each installation using breath-testing devices will ensure that
operators of these devices--
(1) Are chosen for integrity, maturity, and sound judgment.
(2) Meet certification requirements of the State where the
installation is located.
(c) Installations located in States or overseas areas having a
formal breath-testing and certification program should ensure operators
attend that training.
(d) Installations located in States or overseas areas with no formal
training program will train personnel at courses offered by selected
civilian institutions or manufacturers of the equipment.
(e) Operators must maintain proficiency through refresher training
every 18 months or as required by the State.
Sec. 634.34 Blood alcohol concentration standards.
(a) Administrative revocation of driving privileges and other
enforcement measures will be applied uniformly to offenders driving
under the influence of alcohol or drugs. When a person is tested under
the implied consent provisions of Sec. 634.8, the results of the test
will be evaluated as follows:
(1) If the percentage of alcohol in the person's blood is less than
0.05 percent, presume the person is not under the influence of alcohol.
(2) If the percentage is 0.05 but less than 0.08, presume the person
may be impaired. This standard may be considered with other competent
evidence in determining whether the person was under the influence of
alcohol.
(3) If the percentage is 0.08 or more, or if tests reflect the
presence of illegal drugs, the person was driving while intoxicated.
(b) Percentages in paragraph (a) of this section are percent of
weight by volume of alcohol in the blood based on grams of alcohol per
100 milliliters of blood. These presumptions will be considered with
other evidence in determining intoxication.
[[Page 41]]
Sec. 634.35 Chemical testing policies and procedures.
(a) Validity of chemical testing. Results of chemical testing are
valid under this part only under the following circumstances:
(1) Blood, urine, or other bodily substances are tested using
generally accepted scientific and medical methods and standards.
(2) Breath tests are administered by qualified personnel (Sec.
634.33).
(3) An evidential breath-testing device approved by the State or
host nation is used. For Army, Air Force, and Marine Corps, the device
must also be listed on the NHTSA conforming products list published in
the ``Conforming Products List for instruments that conform to the Model
Specification for Evidential Breath Testing Devices (58 FR 48705), and
amendments.''
(4) Procedures established by the State or host nation or as
prescribed in paragraph (b) of this section are followed.
(b) Breath-testing device operational procedures. If the State or
host nation has not established procedures for use of breath-testing
devices, the following procedures will apply:
(1) Screening breath-testing devices will be used--
(i) During the initial traffic stop as a field sobriety testing
technique, along with other field sobriety testing techniques, to
determine if further testing is needed on an evidential breath-testing
device.
(ii) According to manufacture operating instructions. (For Army, Air
Force and Marine Corps, the screening breath-testing device must also be
listed on the NHTSA conforming products list published in the ``Model
Specifications for Evidential Breath Testers'' (September 17, 1993, 58
FR 48705).
(2) Evidential breath-testing devices will be used as follows:
(i) Observe the person to be tested for at least 15 minutes before
collecting the breath specimen. During this time, the person must not
drink alcoholic beverages or other fluids, eat, smoke, chew tobacco, or
ingest any substance.
(ii) Verify calibration and proper operation of the instrument by
using a control sample immediately before the test.
(iii) Comply with operational procedures in the manufacturer's
current instruction manual.
(iv) Perform preventive maintenance as required by the instruction
manual.
(c) Chemical tests of personnel involved in fatal accidents. (1)
Installation medical authorities will immediately notify the
installation law enforcement officer of--
(i) The death of any person involved in a motor vehicle accident.
(ii) The circumstances surrounding such an accident, based on
information available at the time of admission or receipt of the body of
the victim.
(2) Medical authorities will examine the bodies of those persons
killed in a motor vehicle accident to include drivers, passengers, and
pedestrians subject to military jurisdiction. They will also examine the
bodies of dependents, who are 16 years of age or older, if the sponsors
give their consent. Tests for the presence and concentration of alcohol
or other drugs in the person's blood, bodily fluids, or tissues will be
made as soon as possible and where practical within 8 hours of death.
The test results will be included in the medical reports.
(3) As provided by law and medical conditions permitting, a blood or
breath sample will be obtained from any surviving operator whose vehicle
is involved in a fatal accident.
Sec. 634.36 Detection, apprehension, and testing of intoxicated drivers.
(a) Law enforcement personnel usually detect drivers under the
influence of alcohol or other drugs by observing unusual or abnormal
driving behavior. Drivers showing such behavior will be stopped
immediately. The cause of the unusual driving behavior will be
determined, and proper enforcement action will be taken.
(b) When a law enforcement officer reasonably concludes that the
individual driving or in control of the vehicle is impaired, field
sobriety tests should be conducted on the individual. The DD Form 1920
may be used by law enforcement agencies in examining, interpreting, and
recording results of such tests. Law enforcement personnel should use a
standard field sobriety test (such as one-leg stand or walk and
[[Page 42]]
turn) horizontal gaze nystagmus tests as sanctioned by the National
Highway Traffic and Safety Administration, and screening breath-testing
devices to conduct field sobriety tests.
Sec. 634.37 Voluntary breath and bodily fluid testing based on
implied consent.
(a) Implied consent 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, operating, or in
actual physical control of a motor vehicle on the installation.
(2) Reasonable suspicion exists to believe that the person was
driving under the influence of alcohol or drugs.
(3) A request was made to the person to consent to the tests
combined with a warning that failure to voluntarily submit to or
complete a chemical test of bodily fluids or breath will result in the
revocation of driving privileges.
(c) As stated in paragraphs (a) and (b) of this section, the law
enforcement official relying on implied consent will warn the person
that driving privileges will be revoked if the person fails to
voluntarily submit to or complete a requested chemical test. The person
does not have the right to have an attorney present before stating
whether he or she will submit to a test, or during the actual test.
Installation commanders will prescribe the type or types of chemical
tests to be used. Testing will follow policies and procedures in Sec.
634.35. The results of chemical tests conducted under the implied
consent provisions of this part may be used as evidence in courts-
martial, nonjudicial proceedings under Article 15 of the UCMJ,
administrative actions, and civilian courts.
(d) Special rules exist for persons who have hemophilia, other
blood-clotting disorders, or any medical or surgical disorder being
treated with an anticoagulant. These persons--
(1) May refuse a blood extraction test without penalty.
(2) Will not be administered a blood extraction test to determine
alcohol or other drug concentration or presence under this part.
(3) May be given breath or urine tests, or both.
(e) If a person suspected of intoxicated driving refuses to submit
to a chemical test, a test will not be administered except as specified
in Sec. 634.38.
Sec. 634.38 Involuntary extraction of bodily fluids in traffic cases.
(a) General. The procedures outlined in this section pertain only to
the investigation of individuals stopped, apprehended, or cited on a
military installation for any offense related to driving a motor vehicle
and for whom probable cause exists to believe that such individual is
intoxicated. Extractions of body fluids in furtherance of other kinds of
investigations are governed by the Manual for Courts-Martial, United
States, Military Rule of Evidence 315 (2002) (MRE 315), and regulatory
rules concerning requesting and granting authorizations for searches.
(1) Air Force policy on nonconsensual extraction of blood samples is
addressed in AFI 44-102.
(2) Army and Marine Corps personnel should not undertake the
nonconsensual extraction of body fluids for reasons other than a valid
medical purpose without first obtaining the advice and concurrence of
the installation staff judge advocate or his or her designee.
(3) DLA policy on nonconsensual taking of blood samples is contained
in DLAR 5700.7.
(b) Rule. Involuntary bodily fluid extraction must be based on valid
search and seizure authorization. An individual subject to the UCMJ who
does not consent to chemical testing, as described in Sec. 634.37, may
nonetheless be subjected to an involuntary extraction of bodily fluids,
including blood and urine, only in accordance with the following
procedures:
(1) An individual subject to the UCMJ who was driving a motor
vehicle and suspected of being under the influence of an intoxicant may
be subjected to a nonconsensual bodily fluid extraction to test for the
presence of intoxicants only when there is a probable cause to believe
that such an individual was driving or in control of a vehicle while
under the influence of an intoxicant.
[[Page 43]]
(i) A search authorization by an appropriate commander or military
magistrate obtained pursuant to MRE 315, is required prior to such
nonconsensual extraction.
(ii) A search authorization is not required under such circumstances
when there is a clear indication that evidence of intoxication will be
found and there is reason to believe that the delay necessary to obtain
a search authorization would result in the loss or destruction of the
evidence sought.
(iii) Because warrantless searches are subject to close scrutiny by
the courts, obtaining an authorization is highly preferable. Warrantless
searches generally should be conducted only after coordination with the
servicing staff judge advocate or legal officer, and attempts to obtain
authorization from an appropriate official prove unsuccessful due to the
unavailability of a commander or military magistrate.
(2) If authorization from the military magistrate or commander
proves unsuccessful due to the unavailability of such officials, the
commander of a medical facility is empowered by MRE 315, to authorize
such extraction from an individual located in the facility at the time
the authorization is sought.
(i) Before authorizing the involuntary extraction, the commander of
the medical facility should, if circumstances permit, coordinate with
the servicing staff judge advocate or legal officer.
(ii) The medical facility commander authorizing the extraction under
MRE 315 need not be on duty as the attending physician at the facility
where the extraction is to be performed and the actual extraction may be
accomplished by other qualified medical personnel.
(iii) The authorizing official may consider his or her own
observations of the individual in determining probable cause.
(c) Role of medical personnel. Authorization for the nonconsensual
extraction of blood samples for evidentiary purposes by qualified
medical personnel is independent of, and not limited by, provisions
defining medical care, such as the provision for nonconsensual medical
care pursuant to AR 600-20, section IV. Extraction of blood will be
accomplished by qualified medical personnel. (See MRE 312(g)).
(1) In performing this duty, medical personnel are expected to use
only that amount of force that is reasonable and necessary to administer
the extraction.
(2) Any force necessary to overcome an individual's resistance to
the extraction normally will be provided by law enforcement personnel or
by personnel acting under orders from the member's unit commander.
(3) Life endangering force will not be used in an attempt to effect
nonconsensual extractions.
(4) All law enforcement and medical personnel will keep in mind the
possibility that the individual may require medical attention for
possible disease or injury.
(d) Nonconsensual extractions of blood will be done in a manner that
will not interfere with or delay proper medical attention. Medical
personnel will determine the priority to be given involuntary blood
extractions when other medical treatment is required.
(e) Use of Army medical treatment facilities and personnel for blood
alcohol testing has no relevance to whether or not the suspect is
eligible for military medical treatment. The medical effort in such
instances is in support of a valid military mission (law enforcement),
not related to providing medical treatment to an individual.
Sec. 634.39 Testing at the request of the apprehended person.
(a) A person subject to tests under Sec. 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 do the test. The person must pay the cost of the test. The
test must be a chemical test approved by the State or host nation in an
overseas command. All tests will be completed as soon as possible, with
any delay being noted on the results.
(b) If the person requests this test, the suspect is responsible for
making all arrangements. If the suspect fails to or cannot obtain any
additional test, the results of the tests that were done at the
direction of a law enforcement official are not invalid and may still be
used to support actions under separate
[[Page 44]]
Service regulations, UCMJ, and the U.S. Magistrate Court.
Sec. 634.40 General off installation traffic activities.
In areas not under military control, civil authorities enforce
traffic laws. Law enforcement authorities will establish a system to
exchange information with civil authorities. Army and Air Force
installation law enforcement authorities will establish a system to
exchange information with civil authorities to enhance the chain of
command's visibility of a soldier's and airman's off post traffic
violations. These agreements will provide for the assessment of traffic
points based on reports from state licensing authorities involving Army
military personnel. The provisions of subpart E of this part and the VRS
automated system provide for the collection of off post traffic incident
reports and data. As provided in AR 190-45, civilian law enforcement
agencies are considered routine users of Army law enforcement data and
will be granted access to data when available from Army law enforcement
systems of records. Off-installation traffic activities in overseas
areas are governed by formal agreements with the host nation government.
Procedures should be established to process reports received from civil
authorities on serious traffic violations, accidents, and intoxicated
driving incidents involving persons subject to this part. The exchange
of information is limited to Army and Air Force military personnel.
Provost marshals will not collect and use data concerning civilian
employees, family members, and contract personnel except as allowed by
state and Federal laws.
Sec. 634.41 Compliance with State laws.
(a) Installation commanders will inform service members, contractors
and DOD civilian employees to comply with State and local traffic laws
when operating government motor vehicles.
(b) Commanders will coordinate with the proper civil law enforcement
agency before moving Government vehicles that exceed legal limits or
regulations or that may subject highway users to unusual hazards. (See
AR 55-162/OPNAVINST 4600.11D/AFJI 24-216/MCO 4643.5C).
(c) Installation commanders will maintain liaison with civil
enforcement agencies and encourage the following:
(1) Release of a Government vehicle operator to military authorities
unless one of the following conditions exists.
(i) The offense warrants detention.
(ii) The person's condition is such that further operation of a
motor vehicle could result in injury to the person or others.
(2) Prompt notice to military authorities when military personnel or
drivers of Government motor vehicles have--
(i) Committed serious violations of civil traffic laws.
(ii) Been involved in traffic accidents.
(3) Prompt notice of actions by a State or host nation to suspend,
revoke, or restrict the State or host nation driver's license (vehicle
operation privilege) of persons who--
(i) Operate Government motor vehicles.
(ii) Regularly operate a POV on the installation. (See also Sec.
634.16).
Sec. 634.42 Civil-military cooperative programs.
(a) State-Armed Forces Traffic Workshop Program. This program is an
organized effort to coordinate military and civil traffic safety
activities throughout a State or area. Installation commanders will
cooperate with State and local officials in this program and provide
proper support and participation.
(b) Community-Installation Traffic Workshop Program. Installation
commanders should establish a local workshop program to coordinate the
installation traffic efforts with those of local communities. Sound and
practical traffic planning depends on a balanced program of traffic
enforcement, engineering, and education. Civilian and military legal and
law enforcement officers, traffic engineers, safety officials, and
public affairs officers should take part.
[[Page 45]]
Subpart E_Driving Records and the Traffic Point System
Sec. 634.43 Driving records.
Each Service and DLA will use its own form to record vehicle traffic
accidents, moving violations, suspension or revocation actions, and
traffic point assessments involving military and DOD civilian personnel,
their family members, and other personnel operating motor vehicles on a
military installation. Army installations will use DA Form 3626 (Vehicle
Registration/Driver Record) for this purpose. Table 5-1 of Part 634
prescribes mandatory minimum or maximum suspension or revocation
periods. Traffic points are not assessed for suspension or revocation
actions.
Table 5-1 of Part 634 Suspension/Revocation of Driving Privileges (See
Notes 1 and 2)
Assessment 1: Two-year revocation is mandatory on determination of
facts by installation commander. (For Army, 5-year revocation is
mandatory.)
Violation: Driving while driver's license or installation driving
privileges are under suspension or revocation.
Assessment 2: One-year revocation is mandatory on determination of
facts by installation commander.
Violation: Refusal to submit to or failure to complete chemical
tests (implied consent).
Assessment 3: One-year revocation is mandatory on conviction.
Violation: A. Manslaughter (or negligent homicide by vehicle)
resulting from the operation of a motor vehicle.
B. Driving or being in actual physical control of a motor vehicle
while under the influence of intoxicating liquor (0.08% or greater on
DOD installations; violation of civil law off post).
C. Driving a motor vehicle while under the influence of any
narcotic, or while under the influence of any other drug (including
alcohol) to the degree rendered incapable of safe vehicle operation.
D. Use of a motor vehicle in the commission of a felony. Fleeing the
scene of an accident involving death or personal injury (hit and run).
E. Perjury or making a false statement or affidavit under oath to
responsible officials relating to the ownership or operation of motor
vehicles.
F. Unauthorized use of a motor vehicle belonging to another, when
the act does not amount to a felony.
Assessment 4: Suspension for a period of 6 months or less or
revocation for a period not to exceed 1 year is discretionary.
Violation: A. Mental or physical impairment (not including alcohol
or other drug use) to the degree rendered incompetent to drive.
B. Commission of an offense in another State which, if committed on
the installation, would be grounds for suspension or revocation.
C. Permitting an unlawful or fraudulent use of an official driver's
license.
D. Conviction of fleeing, or attempting to elude, a police officer.
E. Conviction of racing on the highway.
Assessment 5: Loss of OF 46 for minimum of 6 months is
discretionary.
Violation: Receiving a second 1-year suspension or revocation of
driving privileges within 5 years.
Notes
1. When imposing a suspension or revocation because of an off-
installation offense, the effective date should be the same as the date
of civil conviction, or the date that State or host-nation driving
privileges are suspended or revoked. This effective date can be
retroactive.
2. No points are assessed for revocation or suspension actions.
Except for implied consent violations, revocations must be based on a
conviction by a civilian court or courts-martial, nonjudicial punishment
under Article 15, UCMJ, or a separate hearing as addressed in this part.
If revocation for implied consent is combined with another revocation,
such as 1 year for intoxicated driving, revocations may run
consecutively (total of 24 months) or concurrently (total of 12 months).
The installation commander's policy should be applied systematically and
not on a case-by-case basis.
Sec. 634.44 The traffic point system.
The traffic point system provides a uniform administrative device to
impartially judge driving performance of Service and DLA personnel. This
system is not a disciplinary measure or a substitute for punitive
action. Further, this system is not intended to interfere in any way
with the reasonable exercise of an installation commander's prerogative
to issue, suspend, revoke, deny, or reinstate installation driving
privileges.
Sec. 634.45 Point system application.
(a) The Services and DLA are required to use the point system and
procedures prescribed in this section without change.
[[Page 46]]
(b) The point system in table 5-2 of this part applies to all
operators of U.S. Government motor vehicles, on or off Federal property.
The system also applies to violators reported to installation officials
in accordance with Sec. 634.32.
(c) Points will be assessed when the person is found to have
committed a violation and the finding is by either the unit commander,
civilian supervisor, a military or civilian court (including a U.S.
Magistrate), or by payment of fine, forfeiture of pay or allowances, or
posted bond, or collateral.
Table 5-2 of Part 634 Point Assessment for Moving Traffic Violations
(See Note 1)
A. Violation: Reckless driving (willful and wanton disregard for the
safety of persons or property).
Points assessed: 6
B. Violation: Owner knowingly and willfully permitting a physically
impaired person to operate the owner's motor vehicle.
Points assessed: 6
C. Violation: Fleeing the scene (hit and run)-property damage only.
Points assessed: 6
D. Violation: Driving vehicle while impaired (blood-alcohol content more
than 0.05 percent and less than 0.08 percent).
Points assessed: 6
E. Violation: Speed contests.
Points assessed: 6
F. Violation: Speed too fast for conditions.
Points assessed: 2
G. Violation: Speed too slow for traffic conditions, and/or impeding the
flow of traffic, causing potential safety hazard.
Points assessed: 2
H. Violation: Failure of operator or occupants to use available
restraint system devices while moving (operator assessed
points).
Points assessed: 2
I. Violation: Failure to properly restrain children in a child restraint
system while moving (when child is 4 years of age or younger
or the weight of child does not exceed 45 pounds).
Points assessed: 2
J. Violation: One to 10 miles per hour over posted speed limit.
Points assessed: 3
K. Violation: Over 10 but not more than 15 miles per hour above posted
speed limit.
Points assessed: 4
L. Violation: Over 15 but not more than 20 miles per hour above posted
speed limit.
Points assessed: 5
M. Violation: Over 20 miles per hour above posted speed limit.
Points assessed: 6
N. Violation: Following too close.
Points assessed: 4
O. Violation: Failure to yield right of way to emergency vehicle.
Points assessed: 4
P. Violation: Failure to stop for school bus or school-crossing signals.
Points assessed: 4
Q. Violation: Failure to obey traffic signals or traffic instructions of
an enforcement officer or traffic warden; or any official
regulatory traffic sign or device requiring a full stop or
yield of right of way; denying entry; or requiring direction
of traffic.
Points assessed: 4
R. Violation: Improper passing.
Points assessed: 4
S. Violation: Failure to yield (no official sign involved).
Points assessed: 4
T. Violation: Improper turning movements (no official sign involved).
Points assessed: 3
U. Violation: Wearing of headphones/earphones while driving motor
vehicles (two or more wheels).
Points assessed: 3
V. Violation: Failure to wear an approved helmet and/or reflectorized
vest while operating or riding on a motorcycle, MOPED, or a
three or four-wheel vehicle powered by a motorcycle-like
engine.
Points assessed: 3
W. Violation: Improper overtaking.
Points assessed: 3
X. Violation: Other moving violations (involving driver behavior only).
Points assessed: 3
Y. Violation: Operating an unsafe vehicle. (See Note 2).
Points assessed: 2
Z. Violation: Driver involved in accident is deemed responsible (only
added to points assessed for specific offenses).
Points assessed: 1
Notes
1. When two or more violations are committed on a single occasion,
points may be assessed for each individual violation.
2. This measure should be used for other than minor vehicle safety
defects or when a driver or registrant fails to correct a minor defect
(for example, a burned out headlight not replaced within the grace
period on a warning ticket).
Sec. 634.46 Point system procedures.
(a) Reports of moving traffic violations recorded on DD Form 1408 or
DD Form 1805 will serve as a basis for determining point assessment. For
DD Form 1408, return endorsements will be required from commanders or
supervisors.
[[Page 47]]
(b) On receipt of DD Form 1408 or other military law enforcement
report of a moving violation, the unit commander, designated supervisor,
or person otherwise designated by the installation commander will
conduct an inquiry. The commander will take or recommend proper
disciplinary or administrative action. If a case involves judicial or
nonjudicial actions, the final report of action taken will not be
forwarded until final adjudication.
(c) On receipt of the report of action taken (including action by a
U.S. Magistrate Court on DD Form 1805), the installation law enforcement
officer will assess the number of points appropriate for the offense,
and record the traffic points or the suspension or revocation of driving
privileges on the person's driving record. Except as specified otherwise
in this part and other Service/DLA regulations, points will not be
assessed or driving privileges suspended or revoked when the report of
action taken indicates that neither disciplinary nor administrative
action was taken.
(d) Installation commanders may require the following driver
improvement measures as appropriate:
(1) Advisory letter through the unit commander or supervisor to any
person who has acquired six traffic points within a 6-month period.
(2) Counseling or driver improvement interview, by the unit
commander, of any person who has acquired more than six but less than 12
traffic points within a 6-month period. This counseling or interview
should produce recommendations to improve driver performance.
(3) Referral for medical evaluation when a driver, based on
reasonable belief, appears to have mental or physical limits that have
had or may have an adverse affect on driving performance.
(4) Attendance at remedial driver training to improve driving
performance.
(5) Referral to an alcohol or drug treatment or rehabilitation
facility for evaluation, counseling, or treatment. This action is
required for active military personnel in all cases in which alcohol or
other drugs are a contributing factor to a traffic citation, incident,
or accident.
(e) An individual's driving privileges may be suspended or revoked
as provided by this part regardless of whether these improvement
measures are accomplished.
(f) Persons whose driving privileges are suspended or revoked (for
one violation or an accumulation of 12 traffic points within 12
consecutive months, or 18 traffic points within 24 consecutive months)
will be notified in writing through official channels (Sec. 634.11).
Except for the mandatory minimum or maximum suspension or revocation
periods prescribed by table 5-1 of this part, the installation commander
will establish periods of suspension or revocation. Any revocation based
on traffic points must be no less than 6 months. A longer period may be
imposed on the basis of a person's overall driving record considering
the frequency, flagrancy, severity of moving violations, and the
response to previous driver improvement measures. In all cases, military
members must successfully complete a prescribed course in remedial
driver training before driving privileges are reinstated.
(g) Points assessed against a person will remain in effect for point
accumulation purposes for 24 consecutive months. The review of driver
records to delete traffic points should be done routinely during records
update while recording new offenses and forwarding records to new duty
stations. Completion of a revocation based on points requires removal
from the driver record of all points assessed before the revocation.
(h) Removal of points does not authorize removal of driving record
entries for moving violations, chargeable accidents, suspensions, or
revocations. Record entries will remain posted on individual driving
records for the following periods of time.
(1) Chargeable nonfatal traffic accidents or moving violations--3
years.
(2) Nonmandatory suspensions or revocations--5 years.
(3) Mandatory revocations--7 years.
Sec. 634.47 Disposition of driving records.
Procedures will be established to ensure prompt notice to the
installation law enforcement officer when a person
[[Page 48]]
assigned to or employed on the installation is being transferred to
another installation, being released from military service, or ending
employment.
(a) If persons being transferred to a new installation have valid
points or other entries on the driving records, the law enforcement
officer will forward the records to the law enforcement officer of the
gaining installation. Gaining installation law enforcement officers must
coordinate with applicable commanders and continue any existing
suspension or revocation based on intoxicated driving or accumulation of
traffic points. Traffic points for persons being transferred will
continue to accumulate as specified in Sec. 634.46 (g).
(b) Driving records of military personnel being discharged or
released from active duty will be retained on file for 2 years and then
destroyed. In cases of immediate reenlistment, change of officer
component or military or civilian retirement when vehicle registration
is continued, the record will remain active.
(c) Driving records of civilian personnel terminating employment
will be retained on file for 2 years and then destroyed.
(d) Driving records of military family members containing point
assessments or other entries will be forwarded to the sponsor's gaining
installation in the same manner as for service members. At the new
installation, records will be analyzed and made available temporarily to
the sponsor's unit commander or supervisor for review.
(e) Driving records of retirees electing to retain installation
driving privileges will be retained. Points accumulated or entries on
the driver record regarding suspensions, revocations, moving violations,
or chargeable accidents will not be deleted from driver records except
per Sec. 634.46 (g) and (h).
(f) Army users will comply with paragraphs (a) and (d) of this
section by mailing the individual's DA Form 3626 to the gaining
installation provost marshal.
Subpart F_Impounding Privately Owned Vehicles
Sec. 634.48 General.
This subpart provides the standards and procedures for law
enforcement personnel when towing, inventorying, searching, impounding,
and disposing of POVs. This policy is based on:
(a) The interests of the Services and DLA in crime prevention,
traffic safety, and the orderly flow of vehicle traffic movement.
(b) The vehicle owner's constitutional rights to due process,
freedom from unreasonable search and seizure, and freedom from
deprivation of private property.
Sec. 634.49 Standards for impoundment.
(a) POVs should not be impounded unless the vehicles clearly
interfere with ongoing operations or movement of traffic, threaten
public safety or convenience, are involved in criminal activity, contain
evidence of criminal activity, or are stolen or abandoned.
(b) The impoundment of a POV would be inappropriate when reasonable
alternatives to impoundment exist.
(1) Attempts should be made to locate the owner of the POV and have
the vehicle removed.
(2) The vehicle may be moved a short distance to a legal parking
area and temporarily secured until the owner is found.
(3) Another responsible person may be allowed to drive or tow the
POV with permission from the owner, operator, or person empowered to
control the vehicle. In this case, the owner, operator, or person
empowered to control the vehicle will be informed that law enforcement
personnel are not responsible for safeguarding the POV.
(c) Impounding of POVs is justified when any of the following
conditions exist:
(1) The POV is illegally parked--
(i) On a street or bridge, in a tunnel, or is double parked, and
interferes with the orderly flow of traffic.
(ii) On a sidewalk, within an intersection, on a cross-walk, on a
railroad track, in a fire lane, or is blocking a driveway, so that the
vehicle interferes
[[Page 49]]
with operations or creates a safety hazard to other roadway users or the
general public. An example would be a vehicle parked within 15 feet of a
fire hydrant or blocking a properly marked driveway of a fire station or
aircraft-alert crew facility.
(iii) When blocking an emergency exit door of any public place
(installation theater, club, dining hall, hospital, and other facility).
(iv) In a ``tow-away'' zone that is so marked with proper signs.
(2) The POV interferes with--
(i) Street cleaning or snow removal operations and attempts to
contact the owner have been unsuccessful.
(ii) Emergency operations during a natural disaster or fire or must
be removed from the disaster area during cleanup operations.
(3) The POV has been used in a crime or contains evidence of
criminal activity.
(4) The owner or person in charge has been apprehended and is unable
or unwilling to arrange for custody or removal.
(5) The POV is mechanically defective and is a menace to others
using the public roadways.
(6) The POV is disabled by a traffic incident and the operator is
either unavailable or physically incapable of having the vehicle towed
to a place of safety for storage or safekeeping.
(7) Law enforcement personnel reasonably believe the vehicle is
abandoned.
Sec. 634.50 Towing and storage.
(a) Impounded POVs may be towed and stored by either the Services
and DLA or a contracted wrecker service depending on availability of
towing services and the local commander's preference.
(b) The installation commander will designate an enclosed area on
the installation that can be secured by lock and key for an impound lot
to be used by the military or civilian wrecker service. An approved
impoundment area belonging to the contracted wrecker service may also be
used provided the area assures adequate accountability and security of
towed vehicles. One set of keys to the enclosed area will be maintained
by the installation law enforcement officer or designated individual.
(c) Temporary impoundment and towing of POVs for violations of the
installation traffic code or involvement in criminal activities will be
accomplished under the direct supervision of law enforcement personnel.
Sec. 634.51 Procedures for impoundment.
(a) Unattended POVs. (1) DD Form 2504 (Abandoned Vehicle Notice)
will be conspicuously placed on POVs considered unattended. This action
will be documented by an entry in the installation law enforcement desk
journal or blotter.
(2) The owner will be allowed 3 days from the date the POV is tagged
to remove the vehicle before impoundment action is initiated. If the
vehicle has not been removed after 3 days, it will be removed by the
installation towing service or the contracted wrecker service. If a
contracted wrecker service is used, a DD Form 2505 (Abandoned Vehicle
Removal Authorization) will be completed and issued to the contractor by
the installation law enforcement office.
(3) After the vehicle has been removed, the installation law
enforcement officer or the contractor will complete DD Form 2506
(Vehicle Impoundment Report) as a record of the actions taken.
(i) An inventory listing personal property will be done to protect
the owner, law enforcement personnel, the contractor, and the commander.
(ii) The contents of a closed container such as a suitcase inside
the vehicle need not be inventoried. Such articles should be opened only
if necessary to identify the owner of the vehicle or if the container
might contain explosives or otherwise present a danger to the public.
Merely listing the container and sealing it with security tape will
suffice.
(iii) Personal property must be placed in a secure area for
safekeeping.
(4) DD Form 2507 (Notice of Vehicle Impoundment) will be forwarded
by certified mail to the address of the last known owner of the vehicle
to advise the owner of the impoundment action, and request information
concerning
[[Page 50]]
the owner's intentions pertaining to the disposition of the vehicle.
(b) Stolen POVs or vehicles involved in criminal activity. (1) When
the POV is to be held for evidentiary purposes, the vehicle should
remain in the custody of the applicable Service or DLA until law
enforcement purposes are served.
(2) Recovered stolen POVs will be released to the registered owner,
unless held for evidentiary purposes, or to the law enforcement agency
reporting the vehicle stolen, as appropriate.
(3) A POV held on request of other authorities will be retained in
the custody of the applicable Service or DLA until the vehicle can be
released to such authorities.
Sec. 634.52 Search incident to impoundment based on criminal activity.
Search of a POV in 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 could arise
during traffic and crime-related impoundments and abandoned vehicle
seizures. A property search related to an investigation of criminal
activity should not be conducted without search authority unless the
item to be seized is in plain view or is readily discernible on the
outside as evidence of criminal activity. When in doubt, proper search
authority should be obtained before searching.
(b) The owner or operator is present. This situation can occur
during either a traffic or criminal incident, or if the operator is
apprehended for a crime or serious traffic violation and sufficient
probable cause exists to seize the vehicle. This situation could also
arise during cases of intoxicated driving or traffic accidents in which
the operator is present but incapacitated or otherwise unable to make
adequate arrangements to safeguard the vehicle. If danger exists to the
police or public or if there is risk of loss or destruction of evidence,
an investigative type search of the vehicle may be conducted without
search authority. (Air Force, see AFP 125-2).
Sec. 634.53 Disposition of vehicles after impoundment.
(a) If a POV is impounded for evidentiary purposes, the vehicle can
be held for as long as the evidentiary or law enforcement purpose
exists. The vehicle must then be returned to the owner without delay
unless directed otherwise by competent authority.
(b) If the vehicle is unclaimed after 120 days from the date
notification was mailed to the last known owner or the owner released
the vehicle by properly completing DD Form 2505, the vehicle will be
disposed of by one of the following procedures:
(1) Release to the lienholder, if known.
(2) Processed as abandoned property in accordance with DOD 4160.21-
M.
(i) Property may not be disposed of until diligent effort has been
made to find the owner; or the heirs, next of kin, or legal
representative of the owner.
(ii) The diligent effort to find one of those mentioned in paragraph
(a) of this section shall begin not later than 7 days after the date on
which the property comes into custody or control of the law enforcement
agency.
(iii) The period for which this effort is continued may not exceed
45 days.
(iv) If the owner or those mentioned in Sec. 634.52 are determined,
but not found, the property may not be disposed of until the expiration
of 45 days after the date when notice, giving the time and place of the
intended sale or other disposition, has been sent by certified or
registered mail to that person at his last known address.
(v) When diligent effort to determine those mentioned in paragraph
(b)(2)(iv) of this section is unsuccessful, the property may be disposed
of without delay, except that if it has a fair market value of more than
$500, the law enforcement official may not dispose of the property until
45 days after the date it is received at the storage point.
(c) All contracts for the disposal of abandoned vehicles must comply
with 10 U.S.C. 2575.
[[Page 51]]
Subpart G_List of State Driver's License Agencies
Sec. 634.54 List of State Driver's License Agencies.
Notification of State driver's license agencies. The installation
commander will notify the State driver's license agency of those
personnel whose installation driving privileges are revoked for 1 year
or more, following final adjudication of the intoxicated driving offense
or for refusing to submit to a lawful blood-alcohol content test in
accordance with Sec. 634.8. This notification will include the basis
for the suspension and the blood alcohol level. The notification will be
sent to the State in which the driver's license was issued. State
driver's license agencies are listed as follows:
Alabama: Motor Vehicle Division, 2721 Gunter Park Drive, Montgomery, AL
36101, (205) 271-3250.
Alaska: Motor Vehicle Division, P.O. Box 100960, Anchorage, AK 99510,
(907) 269-5572.
Arizona: Motor Vehicle Division, 1801 West Jefferson Street, Phoenix, AZ
85007, (602) 255-7295.
Arkansas: Motor Vehicle Division, Joel & Ledbetter Bldg., 7th and Wolfe
Streets, Little Rock, AR 72203, (501) 371-1886.
California: Department of Motor Vehicles, P.O. Box 932340, Sacramento,
CA 94232, (916) 445-0898.
Colorado: Motor Vehicle Division, 140 West Sixth Avenue, Denver, CO
80204, (303) 866-3158.
Connecticut: Department of Motor Vehicles, 60 State Street,
Wethersfield, CT 06109, (203) 566-5904.
Delaware: Motor Vehicle Director, State Highway Administration Bldg.,
P.O. Box 698, Dover, DE 19903, (302) 736-4421.
District of Columbia: Department of Transportation, Bureau of Motor
Vehicles, 301 C Street, NW., Washington, DC 20001, (202) 727-5409.
Florida: Division of Motor Vehicles, Neil Kirkman Building, Tallahassee,
FL 32301, (904) 488-6921.
Georgia: Motor Vehicle Division, Trinity-Washington Bldg., Room 114,
Atlanta, GA 30334, (404) 656-4149.
Hawaii: Division of Motor Vehicle and Licensing, 1455 S. Benetania
Street, Honolulu, HI 96814, (808) 943-3221.
Idaho: Transportation Department, 3311 State Street, P.O. Box 34, Boise,
ID 83731, (208) 334-3650.
Illinois: Secretary of State, Centennial Building, Springfield, IL
62756, (217) 782-4815.
Indiana: Bureau of Motor Vehicles, State Office Building, Room 901,
Indianapolis, IN 46204, (317) 232-2701.
Iowa: Department of Transportation Office of Operating Authority, Lucas
Office Bldg., Des Moines, IA 50319, (515) 281-5664.
Kansas: Department of Revenue, Division of Vehicles, Interstate
Registration Bureau, State Office Bldg., Topeka, KS 66612, (913)
296-3681.
Kentucky: Department of Transportation, New State Office Building,
Frankfort, KY 40622, (502) 564-4540.
Louisiana: Motor Vehicle Administrator, S. Foster Drive, Baton Rouge, LA
70800, (504) 925-6304.
Maine: Department of State, Motor Vehicle Division, Augusta, ME 04333,
(207) 289-5440.
Maryland: Motor Vehicle Administration, 6601 Ritchie Highway, NE., Glen
Burnie, MD 21062, (301) 768-7000.
Massachusetts: Registry of Motor Vehicle, 100 Nashua Street, Boston, MA
02114, (617) 727-3780.
Michigan: Department of State, Division of Driver Licenses and Vehicle
Records, Lansing, MI 48918, (517) 322-1486.
Minnesota: Department of Public Safety, 108 Transportation Building, St.
Paul, MN 55155, (612) 296-2138.
Mississippi: Office of State Tax Commission, Woolfolk Building, Jackson,
MS 39205, (601) 982-1248.
Missouri: Department of Revenue, Motor Vehicles Bureau, Harry S. Truman
Bldg., 301 W. High Street, Jefferson City, MO 65105, (314) 751-3234.
Montana: Highway Commission, Box 4639, Helena, MT 59604, (406) 449-2476.
Nebraska: Department of Motor Vehicles, P.O. Box 94789, Lincoln, NE
68509, (402) 471-3891.
Nevada: Department of Motor Vehicles, Carson City, NV 89711, (702) 885-
5370.
New Hampshire: Department of Safety, Division of Motor Vehicles, James
H.
[[Page 52]]
Haynes Bldg., Concord, NH 03305, (603) 271-2764.
New Jersey: Motor Vehicle Division, 25 S. Montgomery Street, Trenton, NJ
08666, (609) 292-2368.
New Mexico: Motor Transportation Division, Joseph M. Montoya Building,
Santa Fe, NM 87503, (505) 827-0392.
New York: Division of Motor Vehicles, Empire State Plaza, Albany, NY
12228, (518) 474-2121.
North Carolina: Division of Motor Vehicles, Motor Vehicles Bldg.,
Raleigh, NC 27697, (919) 733-2403.
North Dakota: Motor Vehicle Department, Capitol Grounds, Bismarck, ND
58505, (701) 224-2619.
Ohio: Bureau of Motor Vehicles, P.O. Box 16520, Columbus, OH 43216,
(614) 466-4095.
Oklahoma: Oklahoma Tax Commission, Motor Vehicle Division, 2501 Lincoln
Boulevard, Oklahoma City, OK 73194, (405) 521-3036
Oregon: Motor Vehicles Division, 1905 Lana Avenue, NE., Salem, OR 97314,
(503) 378-6903.
Pennsylvania: Department of Transportation, Bureau of Motor Vehicles,
Transportation and Safety Bldg., Harrisburg, PA 17122, (717) 787-
3130.
Rhode Island: Department of Motor Vehicles, State Office Building,
Providence, RI 02903, (401) 277-6900.
South Carolina: Motor Vehicle Division, P.O. Drawer 1498, Columbia, SC
29216, (803) 758-5821.
South Dakota: Division of Motor Vehicles, 118 W. Capitol, Pierre, SD
57501, (605) 773-3501.
Tennessee: Department of Revenue, Motor Vehicle Division, 500 Deaderick
Street, Nashville, TN 37242, (615) 741-1786.
Texas: Department of Highways and Public Transportation, Motor Vehicle
Division, 40th and Jackson Avenue, Austin, TX 78779, (512) 475-7686.
Utah: Motor Vehicle Division State Fairgrounds, 1095 Motor Avenue, Salt
Lake City, UT 84116, (801) 533-5311.
Vermont: Department of Motor Vehicles, State Street, Montpelier, VT
05603, (802) 828-2014.
Virginia: Department of Motor Vehicles, 2300 W. Broad Street, Richmond,
VA 23220, (804) 257-1855.
Washington: Department of Licensing, Highways-Licenses Building,
Olympia, WA 98504, (206) 753-6975.
West Virginia: Department of Motor Vehicles, 1800 Washington Street,
East, Charleston, WV 25317, (304) 348-2719.
Wisconsin: Department of Transportation Reciprocity and Permits, P.O.
Box 7908, Madison, WI 53707, (608) 266-2585.
Wyoming: Department of Revenue, Policy Division, 122 W. 25th Street,
Cheyenne, WY 82002, (307) 777-5273.
Guam: Deputy Director, Revenue and Taxation, Government of Guam, Agana,
Guam 96910, (no phone number available).
Puerto Rico: Department of Transportation and Public Works, Bureau of
Motor Vehicles, P.O. Box 41243, Minillas Station, Santurce, Puerto
Rico 00940, (809) 722-2823.
PART 635_LAW ENFORCEMENT REPORTING--Table of Contents
Subpart A_Records Administration
Sec.
635.1 General.
635.2 Safeguarding official information.
635.3 Special requirements of the Privacy Act of 1974.
635.4 Police intelligence/Criminal information.
635.5 Name checks.
635.6 Registration of sex offenders on Army installations (inside and
outside the Continental United States).
635.7 Collection of deoxyribonucleic acid.
Subpart B_Release of Information
635.8 General.
635.9 Release of information.
635.10 Release of information under the Freedom of Information Act
(FOIA).
635.11 Release of information under the Privacy Act of 1974.
635.12 Amendment of records.
635.13 Accounting for military police record disclosure.
635.14 Release of law enforcement information furnished by foreign
governments or international organizations.
Subpart C_Offense Reporting
635.15 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action) for Civilian Subjects.
635.16 Fingerprint Card and Final Disposition Report Submission
Requirements.
[[Page 53]]
635.17 Release of domestic incidents reports to the Army Family Advocacy
Program (FAP).
635.18 Domestic violence.
635.19 Protection Orders.
635.20 Establishing Memoranda of Understanding.
635.21 Suspicious Activity Reporting (SAR).
Subpart D_Victim and Witness Assistance Procedures
635.22 Procedures.
Subpart E_National Crime Information Center Policy
635.23 Standards.
Authority: 28 U.S.C. 534, 42 U.S.C. 10601, 18 U.S.C. 922, 10 U.S.C.
1562, 10 U.S.C. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C. 1565, 42
U.S.C. 14135a.
Source: 80 FR 28549, May 19, 2015, unless otherwise noted.
Subpart A_Records Administration
Sec. 635.1 General.
The proponent of this part is the Provost Marshal General. The
proponent has the authority to approve exceptions or waivers to this
Part that are consistent with controlling law and regulations. In
distributing information on juvenile victims or subjects, the
installation Freedom of Information Act (FOIA) Office will ensure that
only individuals with a need to know of the personally identifiable
information (PII) of a juvenile are provided the identifying information
on the juvenile. For example, a community commander is authorized to
receive pertinent information on juveniles under their jurisdiction.
When a Law Enforcement Report identifying juvenile offenders must be
provided to multiple commanders or supervisors, the FOIA Office must
sanitize each report to withhold juvenile information not pertaining to
that commander's area of responsibility.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.2 Safeguarding official information.
(a) Military police records are unclassified except when they
contain national security information as defined in AR 380-5 (Available
at http://www.apd.army.mil/pdffiles/r380--5.pdf), Department of the Army
Information Security Program.
(b) Military police records will also be released to Federal, state,
local or foreign law enforcement agencies as prescribed by 32 CFR part
505, The Army Privacy Program. Expanded markings will be applied to
these records.
Sec. 635.3 Special requirements of the Privacy Act of 1974.
(a) Certain PII is protected in accordance with the provisions of
the Privacy Act of 1974, 5 U.S.C. 552a, as implemented by 32 CFR part
310, DoD Privacy Program, 32 CFR part 505, The Army Privacy Program, and
OMB guidance defining PII.
(b) Pursuant to 5 U.S.C. 552a(e)(3), when an Army activity asks an
individual for his or her PII that will be maintained in a system of
records, the activity must provide the individual with a Privacy Act
Statement (PAS). A PAS notifies individuals of the authority, purpose,
and use of the collection, whether the information is mandatory or
voluntary, and the effects of not providing all or any part of the
requested information.
(c) Army law enforcement personnel performing official duties often
require an individual's PII, including SSN, for identification purposes.
This PII can be used to complete law enforcement reports and records. In
addition to Executive Order 9397, as amended by Executive Order 13478,
the solicitation of the SSN is authorized by paragraph 2.c.(2) of DoD
Instruction 1000.30, ``Reduction of Social Security Number (SSN) Use
Within DoD'' (available at http://www.dtic.mil/whs/directives/corres/
pdf/100030p.pdf). The purpose is to provide commanders and law
enforcement officials with means by which information may accurately be
identified. The SSN is used as an additional/alternate means of
identification to facilitate filing and retrieval. The following
procedures will be used for identification:
(1) Retired military personnel are required to produce their Common
Access Card or DD Form 2 (Ret) (U.S. Armed Forces of the United States
[[Page 54]]
General Convention Identification Card), or other government issued
identification, as appropriate.
(2) Family members of sponsors will be requested to produce their DD
Form 1173 (Uniformed Services Identification and Privilege Card).
Information contained thereon (for example, the sponsor's SSN) will be
used to verify and complete applicable sections of law enforcement
reports and related forms.
(3) Non-Department of Defense (DoD) civilians, including military
family members and those whose status is unknown, will be advised of the
provisions of the Privacy Act Statement when requested to disclose their
PII, including SSN, as required.
(d) Notwithstanding the requirement to furnish an individual with a
PAS when his or her PII will be maintained in a system of records, AR
340-21, The Army Privacy Program, http://www.apd.army.mil/pdffiles/
r340--21.pdf, provides that records contained in SORN A0190-45, Military
Police Reporting Program Records (MRRP), http://dpcld.defense.gov/
Privacy/SORNsIndex/tabid/5915/Article/6066/a0190-45-opmg.aspx, that fall
within 5 U.S.C. 552a(j)(2) are exempt from the requirement in 5 U.S.C.
552a(e)(3) to provide a PAS.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.4 Police intelligence/Criminal information.
(a) The purpose of gathering police intelligence is to identify
individuals or groups of individuals in an effort to anticipate,
prevent, or monitor possible criminal activity. Police intelligence aids
criminal investigators in developing and investigating criminal cases.
32 CFR part 633 designates the U.S. Army Criminal Investigation Command
(USACIDC) as having the primary responsibility to operate a criminal
intelligence program. Criminal Intelligence will be reported through the
Army Criminal Investigation and Criminal Intelligence (ACI2) System and
other criminal intelligence products. The crimes listed in paragraphs
(a)(1)-(9) of this section, as well as the reportable incidents,
behavioral threat indicators, and other matters of counterintelligence
interest specified by AR 381-12, Threat Awareness and Reporting Program,
(available at http://www.apd.army.mil/pdffiles/r381--12.pdf) will be
reported to the nearest Army counterintelligence office.
(1) Sedition;
(2) Aiding the enemy by providing intelligence to the enemy;
(3) Spying;
(4) Espionage;
(5) Subversion;
(6) Treason;
(7) International terrorist activities or material support to
terrorism (MST);
(8) Unreported contacts with foreigners involved in intelligence
activities;
(9) Unauthorized or intentional disclosure of classified info.
(b) Information on persons and organizations not affiliated with DoD
may not normally be acquired, reported, processed or stored. Situations
justifying acquisition of this information include, but are not limited
to--
(1) Theft, destruction, or sabotage of weapons, ammunition,
equipment facilities, or records belonging to DoD units or
installations.
(2) Protection of Army installations and activities from potential
threat.
(3) Information received from the FBI, state, local, or
international law enforcement agencies which directly pertains to the
law enforcement mission and activity of the installation Provost Marshal
Office/Directorate of Emergency Services (PMO/DES), Army Command (ACOM),
Army Service Component Command (ASCC) or Direct Reporting Unit (DRU)
PMO/DES, or that has a clearly identifiable military purpose and
connection. A determination that specific information may not be
collected, retained or disseminated by intelligence activities does not
indicate that the information is automatically eligible for collection,
retention, or dissemination under the provisions of this part. The
policies in this section are not intended and will not be used to
circumvent any federal law that restricts gathering, retaining or
dissemination of information on private individuals or organizations.
(c) Retention and disposition of information on non-DoD affiliated
individuals and organizations are subject to the provisions of DoD
Directive 5200.27
[[Page 55]]
(available at http://www.dtic.mil/whs/directives/corres/pdf/520027p.pd),
AR 380-13, Acquisition and Storage of Information Concerning Non-
Affiliated Persons and Organizations (available at http://
www.apd.army.mil/pdffiles/r380--13.pdf) and AR 25-400-2, The Army
Records Information Management System (ARIMS) (available at http://
www.apd.army.mil/pdffiles/r25--400--2.pdf).
(d) Local police intelligence files may be exempt from 32 CFR part
518 and the FOIA's disclosure requirements.
Sec. 635.5 Name checks.
(a) Information contained in military police records will be
released under the provisions of 32 CFR part 505, The Army Privacy
Program, to authorized personnel for valid background check purposes.
Examples include child care/youth program providers, sexual assault
response coordinator, unit victim advocate, access control, unique or
special duty assignments, security clearance procedures and suitability
and credentialing purposes. Any information released must be restricted
to that necessary and relevant to the requester's official purpose.
Provost Marshals/Directors of Emergency Services (PM/DES) will establish
written procedures to ensure that release is accomplished in accordance
with 32 CFR part 505.
(b) Checks will be accomplished by a review of the Army's Law
Enforcement Reporting and Tracking System (ALERTS). Information will be
disseminated according to subpart B of this part.
(c) In response to a request for local files or name checks, PM/DES
will release only founded offenses with final disposition. Offenses
determined to be unfounded will not be released. These limitations do
not apply to requests submitted by law enforcement agencies for law
enforcement purposes, and counterintelligence investigative agencies for
counterintelligence purposes.
(d) A successful query of ALERTS would return the following
information:
(1) Military Police Report Number;
(2) Report Date;
(3) Social Security Number;
(4) Last Name;
(5) First Name;
(6) Protected Identity (Y/N);
(7) A link to view the military police report; and
(8) Whether the individual is a subject, victim, or a person related
to the report disposition.
(e) Name checks will include the information derived from ALERTS and
the United States Army Crime Records Center (USACRC). All of the
policies and procedures for such checks will conform to the provisions
of this part. Any exceptions to this policy must be coordinated with
Headquarters Department of the Army (HQDA), Office of the Provost
Marshal General (OPMG) before any name checks are conducted. The
following are examples of appropriate uses of the name check feature of
ALERTS:
(1) Individuals named as the subjects of serious incident reports.
(2) Individuals named as subjects of investigations who must be
reported to the USACRC.
(3) Individuals seeking employment as child care/youth program
providers.
(4) Local checks of the ALERTS as part of placing an individual in
the ALERTS.
(5) Name checks for individuals seeking employment in law
enforcement positions.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.6 Registration of sex offenders on Army installations
(inside and outside the Continental United States).
(a) Sex Offenders on US Army Installations. Garrison Commander's
responsibilities: Garrison Commanders will ensure that sex offenders, as
defined in paragraph (b) of this section that reside or are employed on
an Army Installation register with the installation PM/DES. This
includes service members, civilian employees, accompanying dependent
family members, and contractors subject to the incorporation of the sex
offender registration requirement into the contract.
(b) Sex offender is defined as:
(1) Any person, including but not limited to a Service member,
Service member's family member, Civilian employee, Civilian employee's
family member, or contractor, who either is registered or required to
register as a
[[Page 56]]
sex offender by any law, regulation or policy of the United States, the
Department of Defense, the Army, a State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, America Samoa, The Northern Mariana
Islands, the United States Virgin Islands, or a Federally recognized
Indian tribe. This definition is not limited to persons convicted for
felony sex offenses but includes all persons who are registered or
required to register as a sex offender regardless of the classification
of their offenses, including felonies, misdemeanors, and offenses not
classified as a felony or misdemeanor.
(2) The persons who are sex offenders as defined in paragraph (b)(1)
include those convicted by a foreign government of an offense equivalent
or closely analogous to a covered offense under the Uniform Code of
Military Justice as provided in AR 27-10, Military Justice (available at
http://www.apd.army.mil/pdffiles/r27--10.pdf), Chapter 24.'' See 42
U.S.C. 16911(5)(B) and U.S. Department of Justice, Office of the
Attorney General, The National Guidelines for Sex Offender Registration
and Notification, Final Guidelines, 73 FR 38030, 38050-1 (July 2, 2008)
for guidelines and standards. Contact the servicing Office of the Staff
Judge Advocate for assistance in interpreting or applying this
provision.
(c) Sex Offender Registration Requirements. Sex offenders, as
defined in paragraph (b)(1) of this section must register with the
installation PMO/DES within three working days of first arriving on an
installation. Sex offenders must provide the installation PMO/DES with
evidence of the qualifying conviction. The PMO/DES will enter the
registering sex offender's conviction information on a Raw Data File as
an information entry into the Army's Law Enforcement Reporting and
Tracking System (ALERTS) with the state the sex offender was convicted,
date of conviction, and results of conviction, to include length of time
required to register and any specific court ordered restrictions.
Registration with the PMO/DES does not relieve sex offenders of their
legal obligation to comply with applicable state and local registration
requirements for the state in which they reside, work, or attend school
(see, AR 190-47 (available at http://www.apd.army.mil/pdffiles/r190--
47.pdf), chapter 14 and AR 27-10 (available at http://www.apd.army.mil/
pdffiles/r27--10.pdf), chapter 24). Registration with the state is also
required under the Sex Offender Registration and Notification Act
(SORNA), 42 U.S.C. 16901 et seq., and implemented by AR 27-10 (Available
at http://www.apd.army.mil/pdffiles/r27--10.pdf), Military Justice, and
DoDI 1325.7 (Available at http://www.dtic.mil/whs/directives/corres/pdf/
132507p.pdf). In addition, upon assignment, reassignment, or change of
address, sex offenders will inform the installation PM/DES within three
working days. Failure to comply with registration requirements is
punishable under Federal or State law and/or under the UCMJ. ``State''
in this paragraph includes any jurisdiction listed in paragraph (b)(1)
of this section in which a sex offender is required to register.
(d) Installation PMOs and DESs will maintain and update a monthly
roster of current sex offenders names and provide it to the Sexual
Assault Review Board; the Army Command PM and DES and the garrison
commander.
(e) Installation PMs and DESs will complete the following procedures
for all other sex offenders required to register on the installation--
(1) Complete a Raw Data File as an information entry into ALERTS.
(2) Ensure the sex offender produces either evidence of the
qualifying conviction or the sex offender registration paperwork in
order to complete the narrative with the state in which the sex offender
was convicted, date of conviction, and results of conviction, to include
length of time required to register and any specific court ordered
restrictions.
(f) DoD civilians, contractors, and family members that fail to
register at the installation PMO/DES are subject to a range of
administrative sanctions, including but not limited to a complete or
limited bar to the installation and removal from military housing.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016; 81
FR 78912, Nov. 10, 2016]
[[Page 57]]
Sec. 635.7 Collection of deoxyribonucleic acid.
(a) Army Law Enforcement (LE) personnel will collect
deoxyribonucleic acid (DNA) pursuant to DoDI 5505.14 (available at
http://www.dtic.mil/whs/directives/corres/pdf/550514p.pdf), DNA
Collection Requirements for Criminal Investigations. Per this subpart, a
sample of an individual's DNA is to allow for positive identification
and to provide or generate evidence to solve crimes through database
searches of potentially matching samples. DNA samples will not be
collected from juveniles.
(b) Army LE personnel will obtain a DNA sample from a civilian in
their control at the point it is determined there is probable cause to
believe the detained person violated a Federal statute equivalent to the
offenses identified in DoDI 5505.11 (available at http://www.dtic.mil/
whs/directives/corres/pdf/550511p.pdf), Fingerprint Card and Final
Disposition Report Submission Requirements, and 32 CFR part 310,
Department of Defense Privacy Program, except for the listed violations
that are exclusively military offenses. For the purposes of this rule,
DNA shall be taken from all civilian drug offenders, except those who
are arrested or detained for the offenses of simple possession and
personal use.
(1) When Army LE personnel make a probable cause determination
concerning a civilian not in their control, Army LE personnel are not
required to collect DNA samples. Likewise, Army LE personnel are not
required to obtain DNA samples when another LE agency has, or will,
obtain the DNA.
(2) Army LE personnel will use the U.S. Army Criminal Investigation
Laboratory (USACIL) DNA kit which includes a DNA sample card and the
USACIL DNA database collection eform. Army LE personnel will forward
civilian DNA samples to the USACIL. Army LE personnel will document, in
the appropriate case file, when civilian LE agencies handle any aspect
of the DNA processing and whether the civilian LE agency forwarded the
DNA sample to the FBI laboratory.
(c) DoD Instruction 5505.14 (available at http://www.dtic.mil/whs/
directives/corres/pdf/550514p.pdf) details the procedures former
Soldiers and civilians must follow to request expungement of their DNA
records. Former Soldiers and civilians from whom DNA samples have been
taken, but who were not convicted of any offense giving rise to the
collection of DNA, do not submit requests to have their DNA record
expunged through installation PMO/DES channels. To request expungement
of DNA records for civilians pursuant to Sections 14132 of title 42,
United States Code, the requestor or legal representative must submit a
written request to: FBI, Laboratory Division, 2501 Investigation
Parkway, Quantico, VA 22135, Attention: Federal Convicted Offender
Program Manager.
Subpart B_Release of Information
Sec. 635.8 General.
(a) The policy of HQDA is to conduct activities in an open manner
and provide the public accurate and timely information. Accordingly, law
enforcement information will be released to the degree permitted by law
and Army regulations.
(b) Any release of military police records or information compiled
for law enforcement purposes, whether to persons within or outside the
Army, must be in accordance with the FOIA and the Privacy Act.
(c) Requests by individuals for access to military police records
about themselves will be processed in compliance with FOIA and the
Privacy Act.
(d) Military police records in the temporary possession of another
organization remain the property of the originating law enforcement
agency. The following procedures apply to any organization authorized
temporary use of military police records:
(1) Any request from an individual seeking access to military police
records will be immediately referred to the originating law enforcement
agency for processing. The temporary custodian of military police
records does not have the authority to release those records.
(2) When the temporary purpose of the using organization has been
satisfied, the military police records will be
[[Page 58]]
returned to the originating law enforcement agency or the copies will be
destroyed.
(3) A using organization may maintain information from military
police records in their system of records, if approval is obtained from
the originating law enforcement agency. This information may include
reference to a military police record (for example, Law Enforcement
Report number or date of offense), a summary of information contained in
the record, or the entire military police record. When a user includes a
military police record in its system of records, the originating law
enforcement agency will delete portions from that record to protect
special investigative techniques, maintain confidentiality, preclude
compromise of an investigation, and protect other law enforcement
interests.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.9 Release of information.
(a) Release of information from Army records to agencies outside DoD
will be governed by 32 CFR part 518, 32 CFR part 505, AR 600-37,
Unfavorable Information (Available at http://www.apd.army.mil/pdffiles/
r600--37.pdf), and this part. Procedures for release of certain other
records and information is contained in AR 20-1, Inspector General
Activities and Procedures (available at http://www.apd.army.mil/
pdffiles/r20--1.pdf), AR 27-20, Claims (available at http://
www.apd.army.mil/pdffiles/r27--20.pdf), AR 27-40, Litigation (available
at http://www.apd.army.mil/pdffiles/r27--40.pdf), AR 40-66, Medical
Record Administration and Healthcare Documentation (available at http://
www.apd.army.mil/pdffiles/r40--66.pdf), AR 195-2, Criminal Investigation
Activities (available at http://www.apd.army.mil/pdffiles/r195--2.pdf),
AR 360-1, The Army Public Affairs Program (available at http://
www.apd.army.mil/pdffiles/r360--1.pdf), and AR 600-85, The Army
Substance Abuse Program (available at http://www.apd.army.mil/pdffiles/
r600--85.pdf). Installation drug and alcohol offices may be provided an
extract of DA Form 3997 (Military Police Desk Blotter) for offenses
involving the use of alcohol or drugs (for example, drunk driving, drunk
and disorderly conduct, or positive urinalysis).
(b) Installation PM/DES are the release authorities for military
police records under their control. They may release criminal record
information to other activities as prescribed in 32 CFR part 518 and 32
CFR part 505, and this part.
(c) Authority to deny access to criminal records information rests
with the initial denial authority (IDA) for the FOIA and the denial
authority for Privacy Acts cases, as addressed in 32 CFR part 518 and 32
CFR part 505.
Sec. 635.10 Release of information under the Freedom of Information
Act (FOIA).
(a) The release and denial authorities for all FOIA requests
concerning military police records include PM/DES and the Commander,
USACIDC. Authority to act on behalf of the Commander, USACIDC is
delegated to the Director, USACRC.
(b) FOIA requests from members of the press will be coordinated with
the installation public affairs officer prior to release of records
under the control of the installation PM/DES. When the record is on file
at the USACRC the request must be forwarded to the Director, USACRC.
(c) Requests will be processed as prescribed in 32 CFR part 518 and
as follows:
(1) The installation FOIA Office will review requested reports to
determine if any portion is exempt from release.
(2) Statutory and policy questions will be coordinated with the
local staff judge advocate (SJA).
(3) Coordination will be completed with the local USACIDC activity
to ensure that the release will not interfere with a criminal
investigation in progress or affect final disposition of an
investigation.
(4) If it is determined that a portion of the report, or the report
in its entirety will not be released, the request to include a copy of
the Military Police Report or other military police records will be
forwarded to the Director, USACRC, ATTN: CICR-FP, 27130 Telegraph Road,
Quantico, VA 22134. The requestor will be informed that their
[[Page 59]]
request has been sent to the Director, USACRC, and provided the mailing
address for the USACRC. When forwarding FOIA requests, the outside of
the envelope will be clearly marked ``FOIA REQUEST.''
(5) A partial release of information by an installation FOIA Office
is permissible when it is acceptable to the requester. (An example would
be the redaction of a third party's social security number, home
address, and telephone number, as permitted by law). If the requester
agrees to the redaction of exempt information, such cases do not
constitute a denial. If the requester insists on the entire report, a
copy of the report and the request for release will be forwarded to the
Director, USACRC. There is no requirement to coordinate such referrals
at the installation level. The request will simply be forwarded to the
Director, United States Army Crime Records Center (USACRC) for action.
(6) Requests for military police records that have been forwarded to
USACRC and are no longer on file at the installation PMO/DES will be
forwarded to the Director, USACRC for processing.
(7) Requests concerning USACIDC reports of investigation or USACIDC
files will be referred to the Director, USACRC. In each instance, the
requestor will be informed of the referral and provided the Director,
USACRC address.
(8) Requests concerning records that are under the supervision of an
Army activity, or other DoD agency, will be referred to the appropriate
agency for response.
Sec. 635.11 Release of information under the Privacy Act of 1974.
(a) Military police records may be released according to provisions
of the Privacy Act of 1974, 5 U.S.C. 552a, as implemented by 32 CFR part
310, DoD Privacy Program, 32 CFR part 505, The Army Privacy Program, and
this part.
(b) The release and denial authorities for all Privacy Act cases
concerning military police records are provided in Sec. 635.9.
(c) Privacy Act requests for access to a record, when the requester
is the subject of that record, will be processed as prescribed in 32 CFR
part 505.
Sec. 635.12 Amendment of records.
(a) Policy. An amendment of records is appropriate when such records
are established as being inaccurate, irrelevant, untimely, or
incomplete. Amendment procedures are not intended to permit challenging
an event that actually occurred. Requests to amend reports will be
granted only if the individual submits new, relevant and material facts
that are determined to warrant their inclusion in or revision of the
police report. The burden of proof is on the individual to substantiate
the request. Requests to delete a person's name from the title block
will be granted only if it is determined that there is not probable
cause to believe that the individual committed the offense for which he
or she is listed as a subject. It is emphasized that the decision to
list a person's name in the title block of a police report is an
investigative determination that is independent of whether or not
subsequent judicial, non-judicial or administrative action is taken
against the individual.
(b) In compliance with DoD policy, an individual will still remain
entered in the Defense Clearance Investigations Index (DCII) to track
all reports of investigation.
Sec. 635.13 Accounting for military police record disclosure.
(a) 32 CFR part 505 prescribes accounting policies and procedures
concerning the disclosure of military police records.
(b) PM/DES will develop local procedures to ensure that disclosure
of military police records as described in 32 CFR part 505 are available
on request.
(c) In every instance where records are disclosed; individuals,
agencies or components are reminded that use or further disclosure of
any military police reports, Military Police Investigator (MPI) reports,
or other information received must be in compliance with DoDI 5505.7
(available at http://www.dtic.mil/whs/directives/corres/pdf/
550507p.pdf), paragraph 6.5.2. which states that ``judicial or adverse
administrative actions shall not be taken against individuals or
entities based
[[Page 60]]
solely on the fact that they have been titled or indexed due to a
criminal investigation.''
Sec. 635.14 Release of law enforcement information furnished by
foreign governments or international organizations.
(a) Information furnished by foreign governments or international
organizations is subject to disclosure, unless exempted by 32 CFR part
518 and 32 CFR part 505, federal statutes or executive orders.
(b) Release of U.S. information (classified military information or
controlled unclassified information) to foreign governments is
accomplished per AR 380-10 (available at http://www.apd.army.mil/
pdffiles/r380--10.pdf).
Subpart C_Offense Reporting
Sec. 635.15 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action) for Civilian Subjects.
Civilian Subjects titled by Army Law Enforcement. PM/DES and USACIDC
will complete and submit disposition reports to USACRC for civilian
subjects, not subject to the UCMJ, who are titled by Army law
enforcement. PM/DES and USACIDC will complete the DA Form 4833 and
submit the form to USACRC for these subjects. PM/DES and USACIDC will
not include these completed DA Form 4833 for civilian personnel in
reporting compliance statistics for commanders. This ensures records of
dispositions of civilian subjects titled by military LE are available in
CJIS to support NCIC background checks for firearms purchases,
employment, security clearances etc.
Sec. 635.16 Fingerprint Card and Final Disposition Report Submission
Requirements.
(a) General. This paragraph implements DoDI 5505.11, Fingerprint
Card and Final Disposition Report Submission Requirements, which
prescribes procedures for Army LE to report offender criminal history
data, by submitting FBI Form FD 249 (Suspect Fingerprint Card) to
USACRC. USACRC forwards this data to the Criminal Justice Information
Services (CJIS) division of the FBI for inclusion in the Next Generation
Identification Database. This paragraph does not eliminate other
requirements to provide criminal history data, including those
concerning the DIBRS.
(b) Installation PM/DES will submit offender criminal history data
to USACRC, based on a probable cause standard determined in conjunction
with the servicing SJA or legal advisor for all civilians investigated
for offenses equivalent to those listed in DoDI 5505.11. This includes
foreign nationals, persons serving with or accompanying an armed force
in the field in time of declared war or contingency operations, and
persons subject to Public Law 106-523 in accordance with DoDI 5525.11
(Available at http://www.dtic.mil/whs/directives/corres/pdf/
552511p.pdf), Criminal Jurisdiction Over Civilians Employed By or
Accompanying the Armed Forces Outside the United States, Certain Service
Members, and Former Service Members.
(c) For purposes of this paragraph commanders will notify their
installation PMO/DES when they become aware that a non-DoD and/or
foreign LE organization has initiated an investigation against a
Soldier, military dependent, or DoD civilian employee or contractor, for
the equivalent of an offense listed in DoDI 5525.11 (available at http:/
/www.dtic.mil/whs/directives/corres/pdf/552511p.pdf), Enclosure 2, or
punishable pursuant to the U.S.C.
Sec. 635.17 Release of domestic incidents reports to the Army Family
Advocacy Program (FAP).
(a) Installation PM/DES will comply with the reporting requirements
set forth in AR 608-18 (available at http://www.apd.army.mil/pdffiles/
r608--18.pdf).
(b) In addition to substantiated incidents of domestic violence,
installation PM/DES will notify the Family Advocacy Program Manager
(FAPM) and Social Work Services (SWS) of all incidents in which a
preponderance of indicators reveal a potential risk of reoccurrence and
increasing severity of maltreatment which could lead to domestic
violence or child abuse. Installation PM/DES will ensure these
notifications are recorded in the official military police journal in
ALERTS. This is to:
[[Page 61]]
(1) Establish a history of incidents that indicate an emerging
pattern of risk of maltreatment/victimization to Soldiers and or Family
members. See AR 608-18 for incidents that define maltreatment.
(2) Develop a trend history of unsubstantiated-unresolved incidents
in order to prevent possible violence or maltreatment from occurring.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.18 Domestic violence.
(a) Responding to incidents of domestic violence requires a
coordinated effort by LE, medical, and social work personnel, to include
sharing information and records as permitted by law and regulation. AR
608-18, Chapter 3, contains additional information about domestic
violence and protective orders. AR 608-18, Glossary, Section II refers
to domestic violence as including the use, attempted use, or threatened
use of force or violence against a person or a violation of a lawful
order issued for the protection of a person, who is:
(1) A current or former spouse;
(2) A person with whom the abuser shares a child in common; or
(3) A current or former intimate partner with whom the abuser shares
or has shared a common domicile.
(b) All domestic violence incidents will be reported to the local
installation PMO/DES.
Sec. 635.19 Protection Orders.
(a) A DD Form 2873, Military Protective Order (MPO) is a written
lawful order issued by a commander that orders a Soldier to avoid
contact with those persons identified in the order. MPOs may be used to
facilitate a ``cooling-off'' period following domestic violence and
sexual assault incidents, to include incidents involving children. The
commander should provide a written copy of the order within 24 hours of
its issuance to the person with whom the member is ordered not to have
contact and to the installation LE activity.
(b) Initial notification. In the event a MPO is issued against a
Soldier and any individual involved in the order does not reside on a
Army installation at any time during the duration of the MPO, the
installation PMO/DES will notify the appropriate civilian authorities
(local magistrate courts, family courts, and local police) of:
(1) The issuance of the protective order;
(2) The individuals involved in the order;
(3) Any change made in a protective order;
(4) The termination of the protective order.
(c) A Civilian Protective Order (CPO) is an order issued by a judge,
magistrate or other authorized civilian official, ordering an individual
to avoid contact with his or her spouse or children. Pursuant to the
Armed Forces Domestic Security Act, 10 U.S.C. 1561a, a CPO has the same
force and effect on a military installation as such order has within the
jurisdiction of the court that issued the order.
Sec. 635.20 Establishing Memoranda of Understanding.
(a) Coordination between military law enforcement personnel and
local civilian law enforcement personnel is essential to improve
information sharing, especially concerning investigations, arrests, and
prosecutions involving military personnel. PM/DES or other law
enforcement officials shall seek to establish formal Memoranda of
Understanding (MOU) with their civilian counterparts to establish or
improve the flow of information between their agencies, especially in
instances involving military personnel. MOUs can be used to clarify
jurisdictional issues for the investigation of incidents, to define the
mechanism whereby local law enforcement reports involving active duty
service members will be forwarded to the appropriate installation law
enforcement office, to encourage the local law enforcement agency to
refer victims of domestic violence to the installation Family Advocacy
office or victim advocate, and to foster cooperation and collaboration
between the installation law enforcement agency and local civilian
agencies.
(b) Installation commanders are authorized to contract for local,
state, or
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federal law enforcement services (enforcement of civil and criminal laws
of the state) from civilian police departments. (Section 120 of the
Water Resources Development Act of 1976). Section 120(a) of the Water
Resources Development Act of 1976 authorizes the Secretary of the Army,
acting through the Chief of Engineers, to contract with States and their
political subdivisions for the purpose of obtaining increased law
enforcement services at water resource development projects under the
jurisdiction of the Secretary of the Army to meet needs during peak
visitation periods.
(c) MOUs will address the following issues at a minimum:
(1) A general statement of the purpose of the MOU.
(2) An explanation of jurisdictional issues that affect respective
responsibilities to and investigating incidents occurring on and off the
installation. This section should also address jurisdictional issues
when a civilian order of protection is violated on military property
(see 10 U.S.C. 1561a).
(3) Procedures for responding to incidents that occur on the
installation involving a civilian alleged offender.
(4) Procedures for local law enforcement to immediately (within 4
hours) notify the installation law enforcement office of incidents/
investigations involving service members.
(5) Procedures for transmitting incident/investigation reports and
other law enforcement information involving active duty service members
from local civilian law enforcement agencies to the installation law
enforcement office.
(6) Notification that a Solider is required to register as a sex
offender either as the result of military judicial proceedings or
civilian judicial proceedings.
(7) Procedures for transmitting civilian protection orders (CPOs)
issued by civilian courts or magistrates involving active duty service
members from local law enforcement agencies to the installation law
enforcement office.
(8) Designation of the title of the installation law enforcement
recipient of such information from the local law enforcement agency.
(9) Procedures for transmitting military protection orders (MPOs)
from the installation law enforcement office to the local civilian law
enforcement agency with jurisdiction over the area in which any person
named in the order resides.
(10) Designation of the title of the local law enforcement agency
recipient of domestic violence and CPO information from the installation
law enforcement agency.
(11) Respective responsibilities for providing information to
victims regarding installation resources when either the victim or the
alleged offender is an active duty service member.
(12) Sharing of information and facilities during the course of an
investigation in accordance with the Privacy Act of 1974 (see 5 U.S.C.
552a(b)(7)).
(13) Regular meetings between the local civilian law enforcement
agency and the installation law enforcement office to review cases and
MOU procedures.
Sec. 635.21 Suspicious Activity Reporting (SAR).
(a) The Army will use eGuardian to report, share and analyze
unclassified suspicious activity information regarding potential threats
or suspicious activities affecting DoD personnel, facilities, or forces
in transit in both CONUS and OCONUS. USACIDC is the Army's eGuardian
program manager.
(b) eGuardian is the Federal Bureau of Investigation's (FBI)
sensitive-but-unclassified web-based platform for reporting, and in some
instances, sharing, suspicious activity and threat related information
with other federal, state, tribal, and territorial law enforcement and
force protection entities. Information entered into eGuardian by the
Army may be either shared with all eGuardian participants or reported
directly to the FBI. All information entered into eGuardian by the Army
will comply with the policy framework for the system and any existing
agency agreements, which incorporate privacy protections. Analysis of
SARs will assist CRIMINTEL analysts and commanders in mitigating
potential threats and vulnerabilities, and developing annual threat
assessments.
[[Page 63]]
(c) Any concerned soldier or citizen can submit a SAR to the nearest
installation PMO/DES, CI or CID office. The receiving office will then
be responsible for reviewing the information and determining whether it
is appropriate for submission into eGuardian.
Subpart D_Victim and Witness Assistance Procedures
Sec. 635.22 Procedures.
(a) As required by DoDD 1030.01 (Available at http://www.dtic.mil/
whs/directives/corres/pdf/103001p.pdf), Army personnel involved in the
detection, investigation, and prosecution of crimes must ensure that
victims and witnesses rights are protected. Victim's rights include-
(1) The right to be treated with fairness, dignity, and a respect
for privacy.
(2) The right to be reasonably protected from the accused offender.
(3) The right to be notified of court proceedings.
(4) The right to be present at all public court proceedings related
to the offense, unless the court determines that testimony by the victim
would be materially affected if the victim heard other testimony at
trial, or for other good cause.
(5) The right to confer with the attorney for the Government in the
case.
(6) The right to restitution, if appropriate.
(7) The right to information regarding conviction, sentencing,
imprisonment, and release of the offender from custody.
(b) [Reserved]
Subpart E_National Crime Information Center Policy
Sec. 635.23 Standards.
The use of NCIC is limited to authorized criminal justice purposes
such as, stolen vehicle checks or wants and warrants. Subject to FBI
regulations and policy, NCIC checks of visitors to a military
installation may be authorized by the Installation/Garrison Commander as
set forth in DoD 5200.08-R (Available at http://www.dtic.mil/whs/
directives/corres/pdf/520008r.pdf) and DoDI 5200.08 (Available at http:/
/www.dtic.mil/whs/directives/corres/pdf/520008p.pdf). Visitors to Army
installations are non-DoD affiliated personnel.
PART 637_MILITARY POLICE INVESTIGATION--Table of Contents
Subpart A_Investigations
Sec.
637.1 General.
637.2 Use of MPI and DAC Detectives/Investigators.
637.3 Installation Commander.
637.4 Military Police and the USACIDC.
637.5 Off-post investigations.
637.6 Customs investigations.
637.7 Drug enforcement activities.
637.8 Identification of MPI.
637.9 Access to U.S. Army facilities and records.
637.10 Authority to apprehend or detain.
637.11 Authority to administer oaths.
637.12 Legal considerations.
637.13 Retention of property.
637.14 Use of National Crime Information Center (NCIC).
637.15 Polygraph activities.
637.16 Evidence.
637.17 Police Intelligence.
637.18 Electronic equipment procedures.
637.19 Overseas MP desk.
637.20 Security surveillance systems.
637.21 Recording interviews and interrogations.
Subpart B [Reserved]
Authority: 28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922, 42
U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47.
Source: 70 FR 36029, June 22, 2005, unless otherwise noted.
Subpart A_Investigations
Sec. 637.1 General.
(a) Military Police Investigators (MPI) and Department of the Army
Civilian (DAC) detectives/investigators fulfill a special need for an
investigative element within the military police to investigate many
incidents, complaints, and matters not within U.S. Army Criminal
Investigation Command (USACIDC) jurisdiction, but which cannot be
resolved immediately through routine military police operations.
Investigative personnel are assets of the installation or activity
commander, under the supervision of the
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local provost marshal. USACIDC elements will provide investigative
assistance in the form of professional expertise, laboratory
examinations, polygraph examinations, or any other assistance requested
which does not distract from the USACIDC mission of investigating
serious crimes. A spirit of cooperation and close working relationship
is essential between USACIDC and the provost marshal office in order to
accomplish the mission and project a professional police image.
(b) Creation of a formalized investigation program does not
constitute the establishment of a dual ``detective'' force. The
separation of investigative responsibilities is very distinct. The MPI
Program is neither a career program nor a separate Military Occupational
Specialty (MOS). Individuals in the MPI Program are specially selected,
trained, and experienced military or civilian men and women performing
traditional military police functions. Military personnel are identified
by their additional skill identifiers (ASI V5) and may be employed in
any assignment appropriate to their grade and MOS.
(c) The provost marshal may authorize wearing of civilian clothing
for the MPI investigative mission.
(d) MPI and DAC detective/investigator personnel must be familiar
with and meet the requirements of Army Regulation (AR) 190-14 (Carrying
of Firearms and Use of Force for Law Enforcement and Security Duties).
Sec. 637.2 Use of MPI and DAC Detectives/Investigators.
Only those matters requiring investigative development will be
referred to the MPI for investigation. Provost marshals will develop
procedures to determine which incidents will be referred to the MPI for
completion and which will be retained and completed by uniformed MP
personnel. Except as otherwise provided, MPI and DAC detectives/
investigators will normally be employed in the following investigations:
(a) Offenses for which the maximum punishment listed in the Table of
Maximum Punishment, Manual for Courts-Martial, United States, 2002 is
confinement for 1 year or less. Provisions of the Federal Assimilative
Crimes Act will also be considered when assigning cases to MPI. The same
punishment criteria apply.
(b) Property-related offenses when the value is less than $1,000
provided the property is not of a sensitive nature, such as government
firearms, ammunition, night vision devices, or controlled substances.
(c) Offenses involving use and/or possession of non-narcotic
controlled substances when the amounts are indicative of personal use
only. Military police will coordinate with the local USACIDC element in
making determinations of ``personal use''. MPI and DAC detectives/
investigators may be employed in joint MPI/USACIDC drug suppression
teams; however, the conduct of such operations and activities remain the
responsibility of USACIDC. When employed under USACIDC supervision, MPI
and DAC detectives/investigators may also be utilized to make controlled
buys of suspected controlled substances.
(d) Activities required for the security and protection of persons
and property under Army control, to include support of Armed Forces
Disciplinary Control Boards as prescribed in AR 190-24. If MPI detect a
crime-conducive condition during the course of an investigation, the
appropriate physical security activity will be promptly notified. Crime-
conducive conditions will also be identified in military police reports.
(e) Allegations against MP personnel, when not within the
investigative responsibilities of USACIDC.
(f) Offenses committed by juveniles, when not within the
investigative responsibilities of USACIDC.
(g) Gang or hate crime related activity, when not within the
investigative responsibilities of USACIDC.
Sec. 637.3 Installation Commander.
The installation commander, whose responsibilities include ensuring
good order and discipline on his installation, has authority to order
the initiation of a criminal investigation upon receipt of information
of activity of a criminal nature occurring on the installation.
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Sec. 637.4 Military Police and the USACIDC.
(a) The military police or the USACIDC are authorized to investigate
allegations of criminal activity occurring on the installation. Nothing
in this paragraph is intended to conflict with or otherwise undermine
the delineation of investigative responsibilities between the military
police and the USACIDC as set forth in AR 195-2.
(b) When investigative responsibility is not clearly defined, and
the matter cannot be resolved between military police investigations
supervisors and USACIDC duty personnel, or between military police
investigations supervisors and unit commanders, the provost marshal will
be informed and will resolve the matter with the appropriate USACIDC
activity commander/Special Agent in Charge (SAC) or unit commander.
(c) The control and processing of a crime scene and the collection
and preservation of the evidence are the exclusive responsibilities of
the investigator or supervisor in charge of the crime scene when the
military police have investigative responsibility. To prevent the
possible loss or destruction of evidence, the investigator or supervisor
in charge of the crime scene is authorized to exclude all personnel from
the scene. The exercise of this authority in a particular case may be
subject to the requirement to preserve human life and the requirement
for continuing necessary operations and security. These should be
determined in conjunction with the appropriate commander and, where
applicable, local host country law enforcement authorities.
(d) Unit commanders should consult with the installation provost
marshal concerning all serious incidents. Examples of incidents
appropriate for investigation at the unit level include simple assaults
not requiring hospitalization and not involving a firearm, or wrongful
damage to property of a value under $1,000. Other incidents should be
immediately referred to the installation provost marshal.
(e) The military police desk is the official point of contact for
initial complaints and reports of offenses. The provisions of AR 190-45
are to be followed for all military police records, reports, and
reporting.
(1) When incidents are reported directly to a USACIDC field element,
USACIDC may either direct the reporting person to the MP desk or report
the incident to the MP desk themselves.
(2) Upon receipt of the complaint or report of offense, the MP desk
will dispatch an available patrol to the scene of the incident. The
patrol will take appropriate measures to include locating the
complainant, witnesses, suspects, and victims, apprehending offenders,
securing the crime scene, rendering emergency assistance, determining
and reporting to the MP desk, by the most expeditious means possible,
the appropriate activity having investigative responsibility.
(f) In those cases in which the USACIDC has an ongoing investigation
(typically fraud and narcotics matters), they may delay notification to
the military police to avoid compromising their investigation.
(g) Procedures will be developed to ensure mutual cooperation and
support between MPI, DAC detectives/investigators and USACIDC elements
at each investigative level; however, MPI, DAC detectives/investigators
and USACIDC personnel will remain under command and control of their
respective commanders at all times.
(1) With the concurrence of the commander concerned, MPI and DAC
detectives/investigators may provide assistance to USACIDC whenever
elements assume responsibility for an investigation from MPI.
(2) When requested by a USACIDC region, district, or the special
agent-in-charge of a resident agency, the provost marshal may provide
MPI or DAC detective/investigator assistance to USACIDC on a case-by-
case basis or for a specified time period.
(3) With the concurrence of the appropriate USACIDC commander, CID
personnel may be designated to assist MPI or DAC detectives/
investigators on a case-by-case basis without assuming control of the
investigation.
(4) Modification of investigative responsibilities is authorized on
a local basis if the resources of either USACIDC or the military police
cannot
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fully support their investigative workload and suitable alternatives are
not available. Such modifications will be by written agreement signed by
the provost marshal and the supporting USACIDC commander. Agreements
will be in effect for no more than two years unless sooner superseded by
mutual agreement.
Sec. 637.5 Off-post investigations.
(a) In Continental United States (CONUS), civilian law enforcement
agencies, including state, county, or municipal authorities, or a
Federal investigative agency normally investigate incidents occurring
off-post. When an incident of substantial interest to the U.S. Army
occurs off-post, involving U.S. Army property or personnel, the military
police exercising area responsibility will request copies of the
civilian law enforcement report.
(b) In Overseas areas, off-post incidents will be investigated in
accordance with Status of Forces Agreements and other appropriate U.S.
host nation agreements.
Sec. 637.6 Customs investigations.
(a) Customs violations will be investigated as prescribed in AR 190-
41. When customs authorities find unauthorized material such as
contraband, explosives, ammunition, unauthorized or illegal weapons or
property, which may be property of the U.S. Government, notification
must be made via electronic message or facsimile to HQDA, Office of the
Provost Marshal General (DAPM-MPD-LE). All such notifications will be
made to the military police and investigated by CID or the military
police, as appropriate.
(b) Military police will receipt for all seized or confiscated U.S.
Government property and contraband shipped by U.S. Army personnel.
Property receipted for by military police will be accounted for, and
disposed of, in accordance with evidence procedures outlined in AR 195-
5.
(c) When it has been determined that the subject of an MP customs
investigation is no longer a member of the U.S. Army, the investigation
will be terminated, a final report submitted indicating the subject was
released from the U.S. Army, and an information copy of the report
furnished to the appropriate civil investigative agency.
(d) Recovery of weapons and significant amounts of ammunition will
be reported by the U.S. Army element receipting for them from the U.S.
Customs Service in accordance with AR 190-11 and AR 190-45.
Sec. 637.7 Drug enforcement activities.
Provost marshals and U.S. Army law enforcement supervisors at all
levels will ensure that active drug enforcement programs are developed
and maintained, and that priorities for resources reflect the critical
and important nature of the drug enforcement effort.
(a) MPI and DAC detectives/investigators will conduct investigations
of offenses involving use and possession of non-narcotic controlled
substances. A copy of all initial, interim and final military police
reports concerning drug investigations will be provided to the USACIDC
at the local level. Enforcement activities will be coordinated with the
USACIDC at the local level.
(b) Any investigation of offenses involving possession/use of non-
narcotic controlled substances generated as a result of another USACIDC
investigation may be transferred to MPI with the concurrence of both the
supporting USACIDC commander and provost marshal.
(c) Elements of USACIDC will be provided the opportunity to
interview subjects, suspects or witnesses in MPI or DAC detective
investigations involving controlled substances without assuming
responsibility for the investigation. MPI and DAC detectives/
investigators may also interview subjects, suspects or witnesses of
USACIDC investigations.
Sec. 637.8 Identification of MPI.
(a) During the conduct of investigations, MPI will identify
themselves by presenting their credentials and referring to themselves
as ``INVESTIGATOR.'' When signing military police records the title
``Military Police Investigator'' may be used in lieu of military titles.
Civilian personnel will refer to themselves as ``INVESTIGATOR'' if they
are classified in the 1811 series, and as ``DETECTIVE'' if they are in
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the 083 series. Civilian personnel will use the title ``DAC
Investigator'' or ``DAC Detective''; corresponding to their
classification series.
(b) The use of titles such as ``Mr.'', ``Mrs.'', ``Miss'' or ``Ms.''
in connection with an individual's identification as an MPI is
prohibited, except when employed in a covert investigative role. When
MPI or DAC detectives/investigators are employed in covert roles,
supervisors will ensure that coordination with USACIDC or civilian law
enforcement agencies is accomplished as appropriate.
Sec. 637.9 Access to U.S. Army facilities and records.
(a) MPI and DAC detectives/investigators will be granted access to
all U.S. Army facilities, records or information when necessary for an
ongoing investigation, consistent with the investigator's clearance for
access to classified national defense information, the requirements of
medical confidentiality, and the provisions of applicable regulations.
(b) Upon presentation of proper identification when conducting an
official investigation, MPI and DAC detectives/investigators will be
authorized access to information contained in medical records and may
request extracts or transcripts. Medical records will remain under the
control of the records custodian who will make them available for
courts-martial or other legal proceedings. Procedures for obtaining
information from medical records are contained in AR 40-66.
Sec. 637.10 Authority to apprehend or detain.
MPI and DAC detectives/investigators have authority to make
apprehensions in accordance with Article 7, Uniform Code of Military
Justice (UCMJ); Rule for Courts-Martial 302 (b)(1), Manual for Courts-
Martial, United States 2002 (Revised Edition). They may detain personnel
for identification and remand custody of persons to appropriate civil or
military authority as necessary. Civilians committing offenses on U.S.
Army installations may be detained until they can be released to the
appropriate Federal, state, or local law enforcement agency.
Sec. 637.11 Authority to administer oaths.
MPI and DAC detectives/investigators have authority pursuant to
Article 136(b)(4), UCMJ to administer oaths to military personnel who
are subject to the UCMJ. The authority to administer oaths to civilians
who are not subject to the UCMJ is 5 U.S.C. 303(b).
Sec. 637.12 Legal considerations.
(a) Coordination between installation judge advocates and
investigators must occur during the conduct of investigations.
(b) The use of the DA Form 3881 (Rights Warning Procedure/Waiver
Certificate) to warn accused or suspected persons of their rights is
encouraged.
(c) When necessary, investigators will coordinate with a judge
advocate or civilian attorney employed in the Office of the Staff Judge
Advocate for the purpose of establishing a legal opinion as to whether
sufficient credible evidence has been established to title an individual
in a report. Investigators should also coordinate with the Office of the
Staff Judge Advocate in drafting search warrants and in determining
whether probable cause exists to conduct a search.
Sec. 637.13 Retention of property.
Reports of investigation, photographs, exhibits, handwritten notes,
sketches, and other materials pertinent to an investigation, including
copies, negatives or reproductions, are the property of the U.S.
Government, either as owner, or custodian.
Sec. 637.14 Use of National Crime Information Center (NCIC).
Provost marshals will make maximum use of NCIC terminals available
to them, and will establish liaison with the U.S. Army Deserter
Information Point (USADIP) as necessary to ensure timely exchange of
information on matters concerning deserters. The USADIP will ensure
replies to inquiries from provost marshals on subjects of MP
investigations are transmitted by the most expeditious means. Use of
NCIC will be in accordance with AR 190-27.
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Sec. 637.15 Polygraph activities.
MPI and DAC detectives/investigators will utilize the polygraph to
the full extent authorized. Requests for polygraph examination
assistance will be forwarded to the supporting USACIDC element in
accordance with provisions of AR 195-6. The investigative or
intelligence element requesting approval to conduct a polygraph
examination will submit a completed DA Form 2805 (Polygraph Examination
Authorization) to the authorizing official. A request may also be sent
via an electronic message or electronic mail or media provided all
elements of the DA Form 2805 are included in the request. Approvals will
be obtained prior to the conduct of an examination. Telephonic requests,
followed with written requests, may be used in emergencies. The
requesting official will include the following data on every polygraph
examination request for criminal investigations:
(a) The offense, which formed the basis of the investigation, is
punishable under Federal law or the UCMJ by death or confinement for a
term of 1 year or more. Even though such an offense may be disposed of
with a lesser penalty, the person may be given a polygraph examination
to eliminate suspicion.
(b) The person to be examined has been interviewed and there is
reasonable cause to believe that the person has knowledge of, or was
involved in, the matter under investigation.
(c) Consistent with the circumstances, data to be obtained by
polygraph examination are needed for further conduct of the
investigation.
(d) Investigation by other means has been as thorough as
circumstances permit.
(e) Examinee has been interviewed on all relevant subjects requested
for testing and the polygraph examination is essential and timely.
Sec. 637.16 Evidence.
Military police are authorized to receive, process, safeguard and
dispose of evidence, to include non-narcotic controlled substances, in
accordance with AR 195-5. If no suitable facility is available for the
establishment of a military police evidence depository or other
operational circumstances so dictate, the evidence custodian of the
appropriate USACIDC element may be requested to receipt for and assume
responsibility for military police evidence. Personnel selected as
military police evidence custodians need not be trained as MPI and
should not be issued MPI credentials, unless they are also employed as
operational MPI. Further information concerning evidence collection and
examination procedures can be found in Field Manual (FM) 3-19.13, Law
Enforcement Investigations.
Sec. 637.17 Police Intelligence.
(a) The purpose of gathering police intelligence is to identify
individuals or groups of individuals in an effort to anticipate,
prevent, or monitor possible criminal activity. If police intelligence
is developed to the point where it factually establishes a criminal
offense, an investigation by the military police, (USACIDC) or other
investigative agency will be initiated.
(b) Police intelligence will be actively exchanged between
Department of Defense (DOD) law enforcement agencies, military police,
USACIDC, local, state, federal, and international law enforcement
agencies. One tool under development by DOD for sharing police
intelligence is the Joint Protection Enterprise Network (JPEN). JPEN
provides users with the ability to post, retrieve, filter, and analyze
real-world events. There are seven reporting criteria for JPEN:
(1) Non-specific threats;
(2) Surveillance;
(3) Elicitation;
(4) Tests of Security;
(5) Repetitive Activities;
(6) Bomb Threats/Incidents; and
(7) Suspicious Activities/Incidents.
(c) If a written extract from local police intelligence files is
provided to an authorized investigative agency, the following will be
included on the transmittal documents: ``This document is provided for
information and use. Copies of this document, enclosures thereto, and
information therefrom, will not be further released without the prior
approval of the installation Provost Marhsall.
[[Page 69]]
(d) Local police intelligence files may be exempt from certain
disclosure requirements by AR 25-55 and the Freedom of Information Act
(FOIA).
Sec. 637.18 Electronic equipment procedures.
(a) DOD Directive 5505.9 and AR 190-53 provide policy for the
wiretap, investigative monitoring and eavesdrop activities by DA
personnel. The recording of telephone communications at MP operations
desks is considered to be a form of command center communications
monitoring which may be conducted to provide an uncontroversial record
of emergency communications. This includes reports of emergencies,
analysis of reported information, records of instructions, such as
commands issued, warnings received, requests for assistance, and
instructions as to the location of serious incidents.
(b) The following procedures are applicable to the recording of
emergency telephone and/or radio communications at MP operations desks
within the 50 states of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Panama, and Guam.
(1) All telephones connected to recording equipment will be
conspicuously marked ``For Official Use Only-connected to recording
device'' and access to use will be restricted to MP operations desk
personnel.
(2) The connection of voice-recording equipment or private-line
service with the telecommunications network will be in accordance with
applicable telephone company tariffs which permit direct electrical
connection through telephone company recorder-connector equipment. An
automatic audible-tone device is not required.
(3) Official emergency telephone numbers for MP desks will be listed
in appropriate command, activity, or installation telephone directories
with a statement that emergency conversations will be recorded for
accuracy of record purposes. Other forms of pre-warning are not
required.
(4) Recordings, which contain conversations described in this
section, will be retained for a period of 60 days. Transcripts may be
made for permanent files, as appropriate.
(5) The recording of telephone communications or radio transmissions
by MP personnel for other than emergency purposes is prohibited. If an
investigator requires the use of electronic surveillance equipment,
assistance must be requested from the USACIDC. This policy is
established pursuant to Department of Defense directives that limit such
activity to the criminal investigative organizations of the Services and
DOD.
(6) Commanders having general courts-martial convening authority
will issue written authorizations for the recording of emergency
telephone communications at MP operations desks. The letter of
authorization will contain specific authority for the type of equipment
to be used, the phone numbers identified as emergency lines and
instructions limiting recordings to calls received on the phones so
designated. One copy of the authorization will be forwarded to the
Office of the Provost Marshal General (OPMG), 2800 Army Pentagon,
Washington, DC 20310-2800.
Sec. 637.19 Overseas MP desk.
The recording of telephone communications at MP operations desks
outside the United States will be conducted within restrictions
contained in international agreements between the U.S. and host nations.
Sec. 637.20 Security surveillance systems.
Closed circuit video recording systems, to include those with an
audio capability, may be employed for security purposes in public places
so long as notices are conspicuously displayed at all entrances,
providing persons who enter with a clear warning that this type of
monitoring is being conducted.
Sec. 637.21 Recording interviews and interrogations.
The recording of interviews and interrogations by military police
personnel is authorized, provided the interviewee is on notice that the
testimony or statement is being recorded. This procedure is a long-
accepted law enforcement procedure, not precluded by DA policies
pertaining to wiretap, investigative monitoring, and eavesdrop
activities.
[[Page 70]]
Subpart B [Reserved]
[[Page 71]]
SUBCHAPTER J_REAL PROPERTY
PARTS 641 642 [RESERVED]
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.
[[Page 72]]
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.
[[Page 73]]
(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 74]]
(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 75]]
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
[[Page 76]]
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 77]]
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 78]]
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 79]]
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 80]]
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 81]]
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 82]]
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 83]]
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 84]]
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 85]]
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 86]]
(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.
PART 644_REAL ESTATE HANDBOOK--Table of Contents
Subpart A_Project Planning
Sec.
644.1 Preface.
Civil Works
644.2 General.
644.3 Navigation projects.
[[Page 87]]
644.4 Reservoir projects.
644.5 Mineral acquisition practices.
644.6 Feasibility Reports and Design Memoranda.
644.7 Acquisition lines.
644.8 Planning and scheduling real estate activities.
Military (Army and Air Force) and Other Federal Agencies
644.21 General.
644.22 Site selection.
644.23 Real Estate Planning Documents.
644.24 Acquisition by Transfer from other Government Departments or
Agencies (except Public Domain).
644.25 Withdrawal of Public Domain for Defense Purposes.
644.26 Required clearances.
644.27 Authority to issue Real Estate Directives.
644.28 Responsibility for acquisition.
644.29 Authority to proceed with acquisition.
644.30 Preliminary real estate work.
Subpart B_Appraisal
644.41 General.
644.42 Appraisal report.
644.43 Gross appraisals.
644.44 Fee appraisals.
644.45 Rental value.
644.46 Easements.
644.47 Appraisal of other interests.
644.48 Review and approval.
644.49 Contracts.
Subpart C_Acquisition
Procurement of Title Evidence, Title Clearance, and Closings
644.61 General.
644.62 Title evidence.
644.63 Contracting for title evidence.
644.64 Award of contracts.
644.65 Ordering title evidence.
644.66 Payment for title services.
644.67 Approval of Title by the Attorney General.
644.68 Title Clearance--Certificate of Title and Title Insurance.
644.69 Title Clearance--Easements.
644.70 Closing of cases.
644.71 Final title assembly.
644.72 Transfer to condemnation.
Acquisition by Purchase, Donation, and Transfer
644.81 General.
644.82 Prerequisites to acquisition.
644.83 Negotiations.
644.84 Counteroffers.
644.85 General negotiation procedures.
644.86 Exceptions and reservations.
644.87 Preparation and execution of offers.
644.88 Other acquisition.
Involuntary Acquisition by the United States
644.101 General.
644.102 Examples of involuntary acquisitions.
644.103 Litigation Reports.
644.104 Procurement of deed and title assembly.
Acquisition by Condemnation Proceedings
644.111 General
644.112 Applicable statutes in condemnation proceedings
644.113 Filing of complaint without declaration of taking
644.114 Acquisition by declaration of taking
644.115 Revestment of title by stipulation
644.116 Distribution, reservations, and title evidence
644.117 Procedure prior to trial
644.118 Awards
644.119 Procedure after final judgment
644.120 Condemnation for local cooperation projects
644.121 Leasehold condemnation requirements
Acquisition by Leasing
644.131 General.
644.132 Authority.
644.133 Responsibilities.
644.134 Definitions.
644.135 Lease authorization and approvals.
644.136 Leasing guidelines.
644.137 Maneuver agreements.
644.138 Family housing leasing program.
644.139 Leases for civil works purposes.
644.140 Physical protection.
644.141 Alterations and construction on leased real property.
644.142 Lease forms and instructions.
Acquisition of Rights-of-Entry
644.155 General.
644.156 Definition.
644.157 Procedures.
Procurement of Options prior to Real Estate Directives (Military)
644.165 Purpose and scope.
644.166 Authority and applicability.
644.167 Implementation.
644.168 Exercise of options.
Subpart D_Relocation Assistance Program
644.175 Cross reference.
Subpart E [Reserved]
Subpart F_Disposal
644.311 General.
644.312 Applicability.
[[Page 88]]
644.313 Authority.
644.314 Rules and regulations of the General Services Administration
(GSA).
644.315 Disposal priorities.
644.316 Environmental considerations.
644.317 Preserving historic landmarks and properties.
644.318 Compliance with State coastal zone management programs.
644.319 Protection of wetlands
644.320 Floodplain management
644.321 Nondiscrimination covenant.
644.322 Disposition of proceeds from disposal.
644.323 Neutral language.
644.324-644.325 [Reserved]
Procedure for Placing Real Property in Excess Status
644.326 Army military real property.
644.327 Air Force military real property.
644.328 Army military leased property.
644.329 Army civil works real property.
644.330-644.332 [Reserved]
Screening, Reassignment, and Transfer of Real Property
644.333 Screening for defense needs.
644.334 Reassignment and transfer procedures.
644.335 Screening of excess DOD property for nondefense Federal agency
needs.
644.336 Notices to Departments of Interior (DI); Health and Human
Resources. (HHR); Education; and Housing and Urban Development
(HUD).
644.337-644.339 [Reserved]
Clearances--Army Military Real Property
644.340 Reports to the Armed Services committees.
644.341 Clearance with the Armed Services committees.
644.342 Prior approval of Department of Defense.
644.343 Additional data for clearance with the committees.
644.344 Coordination with GSA.
644.345-644.347 [Reserved]
Reports of Excess Real Property and Related Personal Property to General
Services Administration (GSA)
644.348 Delegation of authority to division and district engineers.
644.349 Excess property reported for disposal.
644.350 Excess property reported for screening.
644.351 Excess property exempted from reporting.
644.352 Evaluation and reporting of flood hazards.
644.353 Determination of values for reporting.
644.354 Conditional reports of excess.
644.355 Preparation and submission of reports of excess.
644.356 Report on Government title.
644.357 Outgrant instruments, appraisals, and muniments of title.
644.358 Deposit of proceeds from disposal of family housing in the
family housing management account.
644.359 Supplemental information.
644.360 Reports submitted for screening.
644.361 Distribution of report of excess.
644.362 Notice of receipt.
644.363 Withdrawals or corrections of reports of excess.
644.364 Supply of forms.
644.365-644.367 [Reserved]
Care and Custody of Excess and Surplus Property
644.368 Procedures and responsibilities for care, custody,
accountability, and maintenance.
644.369 Guidelines for protection and maintenance of excess and surplus
real property.
644.370 Transfer of custody to General Services Administration (GSA).
644.371 Contracting for care and custody.
644.372 Care and custody through interim use.
644.373-644.375 [Reserved]
Return of Public Domain Lands and Lands Obtained on a Temporary Basis
From Another Federal Agency
644.376 Procedure for disposal of public domain land.
644.377 Formal revocation of public land withdrawals and reservations.
644.378 Cancellation of permits.
644.379 Procedure for cancellation of permits.
644.380 Restoration of lands made available by other government
agencies.
644.381 Disposal of buildings and other improvements.
644.382-644.384 [Reserved]
Predisposal Action
644.385 Record of excess classification
644.386 Utilization for other needs.
644.387 Suspension of acquisition action on installations proposed for
disposal.
644.388 Army Military--screening, clearance, preliminary report of
excess, except where an EO 11954 survey has been made.
644.389 Army Military--modified predisposal procedures where EO 11954
surveys have been made.
644.390 Executive Order 11954 surveys of civil works properties.
644.391 Predisposal conference.
644.392 Air Force--preliminary report of excess.
[[Page 89]]
644.393 Final report of excess to GSA.
644.394 Protection of disposal information.
644.395 Coordination on disposal problems.
644.396 Assignment of personnel to administer.
644.397-644.399 [Reserved]
Disposal of Fee-Owned Real Property and Easement Interests
644.400 Authorities--general.
644.401 Transfers--general.
644.402 Transfers among the armed services.
644.403 Transfers to Tennessee Valley Authority.
644.404 Transfers to Federal Prison Industries, Inc.
644.405 Transfers to Veterans Administration.
644.406 Transfers to Secretary of Transportation and the National
Weather Service.
644.407 Transfers to District of Columbia.
644.408 Interchange of national forest and military and civil works
lands.
644.409 Procedures for Interchange of National Forest Lands.
644.410 Procedure for other transfers.
644.411 Form of inter-agency transfer instrument.
644.412 Transfer of custody and accountability.
644.413 Exchanges of fee-owned and easement interests.
644.414 MCA acts.
644.415 Army military and Air Force lands--$50,000 limitation.
644.416 Army civil works lands.
644.417 For MCA family housing.
644.418 Procedure for exchange.
644.419 Public Law 87-852 easements.
644.420 Disposal of property in which the military departments have a
continuing interest under special acts of Congress.
644.421 Highway purposes.
644.422 Authorized widening of a public highway, street, or alley.
644.423 Airport development.
644.424 Development of public port or industrial facilities.
644.425 Authority and procedure for disposal of surplus property by DA
to eligible public agencies.
644.426 Classification.
644.427 Notice to eligible public agencies.
644.428 Airport property.
644.429 Wildlife purposes.
644.430 Shrines, memorials, or religious purposes.
644.431 Power transmission lines.
644.432 Assignment to Department of Health, Education, and Welfare or
successor agencies for health or educational purposes.
644.433 Surplus disposal to private parties.
644.434 Cottage site disposal.
644.435 Procedure.
644.436 Appraisal.
644.437 Disposal plan for fee-owned land.
644.438 Disposal plan for easements.
644.439 Sale and conveyance.
644.440 Application of antitrust laws.
644.441 Preparation and execution of deeds.
644.442-644.443 [Reserved]
Disposal of Leaseholds and Leasehold Improvements
644.444 Authority.
644.445 Procedure for termination of leases.
644.446 Vacation and protection of premises.
644.447 Joint survey of premises.
644.448 Limits on government obligation to restore.
644.449 Requirement for notice by lessor.
644.450 Items excluded from usual restoration obligation.
644.451 Nature of required restoration.
644.452 Minor restoration cases--determining extent of restoration
required.
644.453 Major restoration cases--determining extent of restoration
required.
644.454 Negotiating restoration settlements.
644.455 Claims for loss or damage of personal property.
644.456 Rent during the period required for restoration.
644.457 Settlement where part of the premises is surrendered.
644.458 Documenting lease terminations and restoration settlements.
644.459 Preparation of supplemental agreements effecting settlement.
644.460 Supplemental agreement assembly.
644.461 Payment for restoration or settlement in lieu of restoration.
644.462 Performance of restoration work by district engineer--extension
of time.
644.463 Termination and settlement of leasehold condemnation
proceedings.
644.464 Negotiating stipulation where proposed settlement not
acceptable.
644.465 Physical restoration where stipulation not obtained.
644.466 Release and record of physical restoration.
644.467 Condition reports.
644.468 Settlement of claims.
644.469-644.471 [Reserved]
Disposal of Buildings and Other Improvements (Without the Related Land)
644.472 Authority.
644.473 Methods of disposal.
644.474 Determining method of disposal.
644.475 Excessing Army military and Air Force property.
644.476 Excessing civil works property.
644.477 Civil works property--reimbursement of appropriations.
644.478 Demolition of buildings and other improvements for utilization
of salvage material.
644.479 Authority for transfer of buildings and improvements to other
Federal agencies.
[[Page 90]]
644.480 Procedure for transfer.
644.481 Responsibility of transferee.
644.482 Assignment to Department of HEW or successor agencies.
644.483 Notification of Department of HEW or successor agencies.
644.484 Procedure for disposal through the Department of HEW or
successor agencies.
644.485 Sale of buildings and other improvements.
644.486 Disposal of buildings and improvements constructed under
emergency plant facilities (EPF) or similar contracts.
644.487 Procedure for disposal of surplus chapels.
644.488 Soliciting applications for purchase of chapels.
644.489 Conditions of sale of chapels.
644.490 Determining price and provisions of sale for chapels.
644.491 Coordination with the Chief of Chaplains.
644.492 Report on disposal of chapel.
644.493 Release of restrictions on chapels sold.
644.494 Donation, abandonment or destruction.
644.495 Donation to a public body.
644.496 Abandonment.
644.497 Destruction.
644.498-644.500 [Reserved]
Disposal of Standing Timber, Crops, and Embedded Gravel, Sand, and Stone
644.501 Authority.
644.502 Determination of excess status.
644.503 Methods of disposal.
644.504 Disposal plan for timber.
644.505 Disposal plan for embedded gravel, sand or stone.
644.506 Procedure for transfer to another Federal agency.
644.507 Sales.
644.508 Agreement with Small Business Administration (SBA) on sale of
timber.
644.509 Status as small business.
644.510 Information for SBA on timber sales.
644.511 Certificate of competency by SBA.
644.512 DA-SBA joint set-aside determination.
644.513-644.515 [Reserved]
Clearance of Explosive Hazards and Other Contamination From Proposed
Excess Land and Improvements
644.516 Clearance of Air Force lands.
644.517 Clearance of Army lands.
644.518 Determination of categories.
644.519 Responsibilities.
644.520 Contaminated industrial property.
644.521 Limitations on clearance cost.
644.522 Clearance of military scrap.
644.523 Restricting future of artillery and other ranges.
644.524 Reporting contaminated land to the General Services
Administration.
644.525 Statement of clearance in reporting excess property to GSA.
644.526 Reporting target ranges.
644.527 Recording statements of clearance.
644.528 Return of contaminated leased land to owners.
644.529 Supplemental agreement with owner of contaminated leased land.
644.530 Conditions in conveying land suspected of contamination.
644.531 Warning to public of danger in handling explosive missiles.
644.532 Reporting accidents.
644.533 Contamination discovered after return of land to owner, or sale.
644.534 Return of public domain land.
644.535 Support in clearance of Air Force lands.
644.536-644.539 [Reserved]
Sale Procedure
644.540 Advertising.
644.541 Award of contract.
644.542 Application of anti-trust laws.
644.543 Determination of acceptable offers after advertising.
644.544 Negotiated sales.
644.545 Form of invitation for bids and contract of sale.
644.546 Credit.
644.547 Extensions of time.
644.548 Abstract of bids.
644.549 Payments.
644.550 Sale to employees or military personnel.
644.551 Equal opportunity--sales of timber, embedded sand, gravel, stone
and surplus structures.
644.552 Statement of contingent or other fees.
644.553 Preparation and distribution of sales documents and reports of
sales.
644.554 Insurance against loss or damages to buildings and improvements
by fire or acts of God.
644.555-644.557 [Reserved]
Inspections to Insure Compliance With Disposal Conditions
644.558 Properties requiring compliance inspections.
644.559 Civilian component training facilities.
644.560 Inspections of civilian component training facilities and other
properties conveyed subject to conditions.
644.561 Inspections of civil works properties.
Authority: 5 U.S.C. 301; 10 U.S.C. 3012, unless otherwise noted.
Source: 44 FR 3168, Jan. 15, 1979, unless otherwise noted.
[[Page 91]]
Subpart A_Project Planning
Sec. 644.1 Preface.
Subpart A sets out basic procedures to be followed in planning and
scheduling for the 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 aspects involved
and potential problems are fully considered in planning for the
acquisition of additional lands. Proper planning in the initial stages
of any project can and should eliminate unnecessary delays during the
acquisition phase.
Civil Works
Sec. 644.2 General.
(a) Purpose. Sections 644.2 through 644.8 describe the authorities
and procedures of 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.
(b) Applicability. These sections are applicable to all Division and
District Engineers having civil works real estate responsibilities.
(c) River and harbor and flood control projects--(1) River and
Harbor Projects. The Act of Congress approved April 24, 1888 (33 U.S.C.
591) authorizes acquisition of land for river and harbor purposes. These
include the construction, operation, maintenance and improvement of both
natural and artificial waterways, the construction of locks and dams,
dikes, bulkheads, jetties, revetment and other bank protection works,
and spoil disposal dikes and retaining structures for construction and
maintenance. Unless otherwise specified by Congress, local interests
furnish, free of cost to the United States, all lands, easements and
rights-of-way required for initial construction, operation and
subsequent maintenance. A cash contribution may also be required if
enhancement of land values results from disposal of spoil dredged from
project areas (ER 1150-2-301 and EM 1120-2-101).
(2) Flood control projects. The Act of Congress approved March 1,
1917 (33 U.S.C. 701) authorizes acquisition of land for flood control
purposes, and section 2 of the Act of Congress approved June 28, 1938,
as amended (33 U.S.C. 701c-1), authorizes the acquisition of land and
interests therein for dam and reservoir projects, channel improvements,
and rectification projects for flood control at Federal expense. Dam,
reservoir and lake projects are generally constructed entirely at the
expense of the United States and are maintained and operated with the
use of Federal funds. Local interests are not required to furnish lands,
easements and rights-of-way for dam and reservoir projects, unless
specifically authorized by law for small reservoirs which provide
localized flood protection (EM 1120-2-101). For local flood protection
projects, except channel improvement or channel rectification projects
authorized by the Flood Control Acts of 1936, 1937 and 1938, local
interests must provide, without cost to the United States, all necessary
lands, easements, and rights-of-way. They must also hold and save the
United States free from damages due to the construction, operation and
maintenance of the project, except where such damages are due to the
fault or negligence of the United States or its contractors, and
maintain and operate all the works after completion, in accordance with
regulations prescribed by the Secretary of the Army. Channel improvement
and channel rectification projects authorized by the Acts of 1936, 1937
and 1938 are built entirely at Federal expense and no local cooperation
is required. Exceptions to these rules are provided by law in the case
of certain specific projects such as hurricane protection, shore
protection, beach erosion control or other purposes. As in river and
harbor projects, a cash contribution may also be required if enhancement
of land values results from disposal of spoil dredged from project areas
(ER 1150-2-301 and EM 1120-2-101).
(d) The navigational servitude. As a general rule the United States
does not acquire interests in real estate which it already possesses or
over which jurisdiction is or can be legally exercised. Irrespective of
the ownership of the banks and bed of a stream below ordinary high water
mark, and irrespective of western water rights under the prior
[[Page 92]]
appropriation doctrine, no further Federal interest is required for
navigation projects in navigable streams below the ordinary high water
limit. It is required, therefore, that the acquisition plan consider the
extent of the navigational servitude.
(1) ER 1165-2-302 contains the practice and procedures regarding
navigation.
(2) The navigational servitude affects abutting uplands, in that the
special site value attributable to their location near a navigable
stream is noncompensable. However, this has been partially changed by
section 111 of Pub. L. 91-611. In all cases where real property is
acquired by the United States for public use in connection with any
improvements of rivers, harbors, canals or waterways of the United
States, the compensation to be paid shall be the fair market value of
such real property based upon all uses to which such real property may
reasonably be put, including its highest and best use, any of which uses
may be dependent upon access to or utilization of such navigable waters.
In cases of partial acquisitions of real property, no depreciation in
the value of any remaining real property shall be recognized, and no
compensation shall be paid for any severance to the remaining real
property which results from loss of or reduction of access from the
remaining real property to the navigable waters because of the
acquisition of real property or the purposes for which the real property
is acquired.
(3) Injury to private property within or abutting non-navigable
streams is compensable if inflicted in the course of an exercise of the
navigation power limited to the navigable mainstream. U.S. v. Kansas
City Life Ins. Co., 339 U.S. 799 (1950), U.S. v Cress, 243 U.S. 316
(1917).
(e) Buildings. Buildings for human occupancy, as well as other
structures which would interfere with the operation of the project, or
which would be substantially damaged by inundation, are prohibited below
the guide acquisition line unless otherwise specifically approved by the
Chief of Engineers.
(f) Estates. Standard estates for acquisition of land or interests
therein are contained in subpart C. Non-standard estates should be
submitted to HQDA (DAEN-REA-P) WASH DC 20314 for approval.
Sec. 644.3 Navigation projects.
(a) Land to be acquired in fee. All lands necessary for permanent
structures, construction 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 of navigational servitude.
Spoil disposal areas may be acquired in fee upon approval of HQDA (DAEN-
REA-P).
(b) Lands over which easements are to be acquired. (1) Permanent
easements are required for channel improvements, navigation pools,
navigation aids, and spoil disposal areas for future maintenance.
Requirements for navigation aids should be coordinated by the District
Engineer with the local Coast Guard District Commander.
(2) Temporary easements may be acquired for temporary disposal of
spoil, and temporary construction and borrow areas.
(3) In navigation-only projects, the right to permanently flood
should be acquired in all lands located within the navigation pool and
the right to occasionally flood should be acquired in lands above the
pool. However, when the area to be occasionally flooded above the
navigation pool consists of a narrow band of land, the right to
permanently flood may be taken therein, to avoid acquisition of two
different estates from the same ownership, and/or to reduce overall
costs of acquisition.
Sec. 644.4 Reservoir projects.
(a) Joint land acquisition policy for reservoir projects. The joint
policies of 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 22, 1962, Volume 27,
page 1734. On July 2, 1966, the Joint Policy was again published in 31
FR 9108 as follows:
A joint policy statement of the Department of the Interior and the
Department of the Army was inadvertently issued as a Notice in 27 FR
1734. Publication should have been made as a final rule replacing
regulations then appearing in 43 CFR part 8. The
[[Page 93]]
policy as it appears in 27 FR 1734 has been the policy of the Department
of the Interior and the Department of the Army since its publication as
a Notice and is now codified as set forth below.
Joint Policies of the Departments of the Interior and of the Army
Relative to Reservoir Project Lands
Sec.
8.0 Acquisition of lands for reservoir projects.
8.1 Lands for reservoir construction and operation.
8.2 Additional lands for correlative purposes.
8.3 Easements.
8.4 Blocking out.
8.5 Mineral rights.
8.6 Buildings.
Authority: The provisions of this Part 8 issued under Sec. 7, 32
Stat. 389, sec. 14, 53 Stat. 1197; 43 U.S.C. 421, 389.
8.0 Acquisition of lands for reservoir projects. Insofar as
permitted by law, it is the policy of the Departments of the Interior
and of the Army to acquire, as a part of reservoir project construction,
adequate interest in lands necessary for the realization of optimum
values for all purposes including additional land areas to assure full
realization of optimum present and future outdoor recreational and fish
and wildlife potentials of each reservoir.
8.1 Lands for reservoir construction and operation. The fee title
will be acquired to the following:
(a) Lands necessary for permanent structures.
(b) Lands below the maximum flowage line of the reservoir including
lands below a selected freeboard where necessary to safeguard against
the effects of saturation, wave action, and bank erosion and to permit
induced surcharge operation.
(c) Lands needed to provide for public access to the maximum flowage
line as described in paragraph 1b, or for operation and maintenance of
the project.
8.2 Additional lands for correlative purposes. The fee title will be
acquired for the following:
(a) Such lands as are needed to meet present and future requirements
for fish and wildlife as determined pursuant to the Fish and Wildlife
Coordination Act.
(b) Such lands as are needed to meet present and future public
requirements for outdoor recreation, as may be authorized by Congress.
8.3 Easements. Easements in lieu of fee title may be taken only for
lands that meet all of the following conditions:
(a) Lands lying above the storage pool.
(b) Lands in remote portions of the project area.
(c) Lands determined to be of no substantial value for protection or
enhancement of fish and wildlife resources, or for public outdoor
recreation.
(d) It is to the financial advantage of the Government to take
easements in lieu of fee title.
8.4 Blocking out. Blocking out will be accomplished in accordance
with sound real estate practices, for example, on minor sectional
subdivision lines; and normally, land will not be acquired to avoid
severance damage if the owner will waive such damage.
8.5 Mineral rights. Mineral, oil and gas rights will not be acquired
except where the development thereof would interfere with project
purposes, but mineral rights not acquired will be subordinated to the
Government's right to regulate their development in a manner that will
not interfere with the primary purposes of the project, including public
access.
8.6 Buildings. Buildings for human occupancy as well as other
structures which would interfere with the operation of the project for
any project purpose will be prohibited on reservoir project lands.
(b) Application of joint policy by Corps of Engineers. In order to
assure that the water and land areas of reservoirs constructed by the
Corps are available to the public, the lands which provide access along
the shore of the reservoir will be supplemented at selected locations
for concentrated public use. Where projects have either recreation or
fish and wildlife, or both, as project purposes, additional lands will
be acquired as set out in the authorization and specified in design
memoranda. The policy contemplates that the United States own in fee a
continuous area of land around the reservoir above the water level to
insure ready access along the shore. However, certain exceptions have
been adopted, as set forth hereinafter. Under the Joint Policy the Corps
will take an adequate interest in lands, including areas required for
public access, to accomplish all of the authorized purposes of the
project and thereby obtain maximum public benefits therefrom. The
statements in the policy which define the land interests to be acquired
in particular areas are guidelines in application of policy.
(1) Land to be acquired in fee. (i) Lands necessary for the dam
site, construction areas and permanent structures.
(ii) The lands below a guide contour line (guide acquisition line)
established
[[Page 94]]
with a reasonable freeboard allowance above the top pool elevation for
storing water for flood control, navigation, power, irrigation, and
other purposes, referred to in this paragraph as the ``full pool''
elevation. In nonurban areas generally, this freeboard allowance will be
established to include allowances for induced surcharge operations plus
a reasonable additional freeboard to provide for adverse effects of
saturation, wave action and bank erosion. Factors such as estimated
frequency of occurrence, probable accuracy of estimates, and relocation
costs, will be taken into consideration. Where this freeboard does not
provide a minimum of 300 feet horizontally from the conservation pool,
defined as the top of all planned storage not devoted exclusively to
flood control, then the guide acquisition line will be increased to that
extent. In the vicinity of urban communities or other areas of highly
concentrated developments, the total freeboard allowance between the
full pool elevation and the acquisition line may be greater than
prescribed for nonurban areas generally, and shall be sufficient to
assure that major hazards to life or unusually severe property damages
would not result from floods up to the magnitude of the standard project
flood. In such circumstances, however, consideration may be given to
easements rather than fee acquisition for select sections if found to be
in the public interest. However, when the project design provides a high
level spillway, the crest of which for economy of construction is
substantially higher than the storage elevation required to regulate the
reservoir design flood, the upper level of fee acquisition will normally
be at least equal to the top elevation of spillway gates or crest
elevation of ungated spillway, and may exceed this elevation if
necessary to conform with other criteria prescribed herein.
(iii) Lands to be acquired for public use, being those reflected in
the Recreation Resources Appendix of the Phase I General Design
Memorandum (ER 1120-2-400). The Phase I General Design Memorandum is
required to be prepared and submitted for approval prior to submission
of the Real Estate Design Memorandum.
(iv) Lands required for operation and maintenance of the project
for:
(A) Frequently used operational areas.
(B) Clearing and disposition of debris.
(C) Maintenance, repair, and restoration.
(D) Anticipated erosion.
(E) Safeguarding public health, and malaria and mosquito control.
(F) Sanitation.
(v) Lands specifically authorized by the Congress for recreation and
fish and wildlife purpose as defined by the Federal Water Project
Recreation Act (Pub. L. 89-72) and Fish and Wildlife Coordination Act of
1958 (Pub. L. 85-624, 16. U.S.C. 661 et seq).
(A) All lands to be acquired for fish and wildlife purposes, either
mitigation enhancement lands or estates therein required for other
project purposes, will be presented in such a way as to distinguish
clearly all such lands under each of the separate authorities involved.
Specific guidance on fish and wildlife resources is contained in ER
1120-2-400 and ER 1120-2-404.
(B) The purpose of Pub. L. 89-72 is to provide a uniform policy with
respect to recreation and fish and wildlife benefits and costs of
Federal multiple-purpose water resource projects, and for other
purposes.
(1) Pub. L. 89-72, as amended by section 77 of Pub. L. 93-251, does,
however, create a unique provision relating to local participation in
the recreation and fish and wildlife developments in water resource
projects. Provisions of that Act, as amended, must be adhered to and
contracts for administration of project lands and cost-sharing shall
follow the amendments contained in section 77 of Pub. L. 93-251.
(2) Section 3(b) of Pub. L. 89-72 further provides that,
notwithstanding the absence of an indication of intent as specified
above, lands may be provided in project planning which would preserve
the recreation and fish and wildlife potential of the project for
subsequent development by local interests. The act prescribes that local
interests must within 10 years after initial operation of the project
enter into agreements specified above. In the event such agreements are
not obtained, the
[[Page 95]]
proposed facilities cannot be constructed and the Corps may utilize the
lands acquired for any lawful purpose within the Corps' jurisdiction or
may offer said land for sale to its immediate prior owner or his
immediate heirs at its appraised fair market value at the time of
disposal. In the event that an agreement with the prior owner or his
heirs cannot be reached in 90 days, disposal of the property will ensue
pursuant to usual disposal procedures.
(3) The provisions of Pub. L. 89-72, as amended, are construed to
apply to planning for projects authorized in 1965 or thereafter.
Accordingly, all planning for future projects must be coordinated with
local interests as defined in the law and all design memoranda relating
to land acquisition or development of recreation or fish and wildlife
areas must clearly set forth the potential of the project for such
development and the intent of local interests in fulfilling the
requirements of this law.
(4) Public Law 89-72, as amended, does not impose a requirement for
local participation in all recreation and fish and wildlife areas.
Development of recreation areas and planning for fish and wildlife areas
will be in accordance with the guidelines set forth in this Chapter and
related regulations.
(vi) Lands for resource preservation and/or enhancement in
fulfillment of the National Environmental Policy Act of 1969 (Pub. L.
91-190, 83 Stat. 852) and Executive Order 11514 will be those approved
in the authorizing document and/or those approved in the Recreation
Resources Appendix of the General Design memorandum.
(vii) Uneconomic remnants required to be purchased in fee under
section 301(9) of Pub. L. 91-646.
(viii) Recommendations may be made in the Real Estate Design
Memorandum to eliminate lands from acquisition located within the
approved guide acquisition line but above the guide contour line which
are highly developed or devoted to public uses such as parks, golf
courses, cemeteries, etc. Also, where for reasons of steep terrain,
presence of highways and railroads, severe severance, or for other
reasons, sound real estate practice indicates requirement for some
adjustments in the area above the guide contour line, recommendations
for such adjustments will be included in the real estate design
memorandum, or will be subsequently submitted with proposed final real
property acquisition lines, for approval of the Division Engineer in
accordance with Sec. 644.7.
(ix) Lands which will be covered by any sediment delta that is
expected to form as the result of aggradation of streams draining into
the reservoir. The estimate of this area shall be based upon the
probable sediment inflow for a period at least equal to the economic
life of the project.
(2) Lands over which easements are to be Acquired. (i) Lands in
reservoir areas of flood-control-only projects, which do not provide
conservation pools, except as required for public access.
(ii) Lands required for a relatively short time for temporary
structures or for use during the construction period only.
(iii) The Joint Policy of 1962 provides that flowage easements may
be acquired in reservoir projects if all four conditions of Section 8-3
of the Joint Policy are met. For the purposes of land acquisition, to
distinguish between fee and flowage easement ``remote portions of the
project area'' as referred to in Section 8-3 of the Joint Policy are
defined as those lands lying upstream from the conservation pool (the
top elevation of all storage other than that devoted exclusively to
flood control use) on the main stream and all significant tributaries
thereof.
(iv) Lands downstream from the dam and required only for operational
purposes.
(v) In flood control projects which do not have conservation pools,
the right to occasionally flood should be acquired in all lands, except
that the right to permanently flood should be acquired in those lands
which may be subjected to permanent flooding, as in the case of a trash
pool.
(3) Levees in lieu of acquisition. Where construction of levees or
flood walls and necessary associated facilities for protection of lands
and properties located within potential flowage limits of a reservoir is
proposed in lieu of acquisition of fee title or easements over
[[Page 96]]
such properties, the protective structures shall meet the following
minimum functional requirements:
(i) In urban communities or other areas of highly concentrated
developments where overtopping of levees would result in major hazards
to life or unusually severe property damage under anticipated future
conditions, levee grades and designs shall be adequate to withstand
without failure the occurrence of the standard project flood, assuming
the reservoir is filled to highest level that is reasonably likely to
prevail at the beginning of such a flood.
(ii) Under circumstances where it can be reasonably shown that
possible overtopping of protective levees or flood walls as proposed
would not result in unusual hazards to life or major property damage,
levee grades shall be as high as economically practicable in
consideration of apparent risks and costs involved, and flowage
easements or other appropriate assurances from local interests shall be
obtained insofar as necessary to protect the Government in the event the
protective structures are overtopped.
Sec. 644.5 Mineral acquisition practices.
(a) Procedure. The procedure of the Corps of Engineers in acquiring
the 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 is inimical to the operation of the
project. In all cases wherein a reservation is permitted, the mineral
interests are subordinated to the primary project purposes, including
public access and preservation of environmental quality.
(b) General. (1) The multiplicity of ownerships in mineral
interests, the variety of minerals and the different methods of mineral
exploration, recovery and production make it impracticable to define in
advance specific guidelines concerning the reservation of mineral
interests and their subordination to primary project purposes in any
given project. The initial planning documents, real estate design
memoranda, and master plans will fully discuss and consider the extent
of acquisition and/or reservation of mineral interests.
(2) Generally fee title to all subsurface interests will be acquired
in areas required for all structures, areas required for project
operations and public use including access, and in areas where the value
of the subsurface interests is nominal. Reservation of coal, oil, gas
and other minerals will be permitted whenever any aspect of mineral
development will not interfere with project purposes. The reservation of
mineral rights will be predicated upon the Government's right to so
regulate their development as to eliminate any interference with project
purposes and to minimize any adverse impact on the environment including
aesthetic values.
(c) Reservation of minerals. (1) When it has been determined that
the reservation of minerals will not interfere with the purposes of the
project, the minerals will be subordinated in accordance with the
following guidelines:
(i) The estate providing for the subordination will not be utilized
unless approved by HQDA (DAEN-REA).
(ii) Any subordination agreement, together with additional
regulations incorporated by reference, must clearly define:
(A) The rights and obligations of the Government and the mineral
owner, operator, and/or lessee.
(B) The control to be exercised over site development for mining
purposes.
(C) Required land reclamation or restoration.
(D) Restrictions against pollution and degradation of project
environment and aesthetics.
(E) Provisions for compliance inspection by the Government of all
site development and mining activities over which the Government has
control under paragraph (c)(1)(ii)(B) of this section.
(2) After execution of a subordination agreement as provided above,
the District Engineer will develop a program for the surveillance of
mineral activities at each project.
(3) The representatives of the Division and District Engineers are
to be fully informed concerning the rights and responsibilities of the
Government and the mineral owner and/or operator
[[Page 97]]
under the terms of the estates acquired for the subordination of
minerals, and will periodically inspect all mining activities to insure
compliance with the terms of the subordination agreement and any plan
incorporated by reference into such agreement.
(d) Off-project mineral activity. In connection with all drainage
basins, where there is present or potential mineral activity upstream
from a project or nearby lands outside the project limits, the District
Engineer will:
(1) Establish and maintain liaison with Federal and State agencies
having responsibility for the regulation of mineral activities and the
control of environment in order to prevent adverse effects of mining on
the project.
(2) Institute a system for monitoring adverse effects on the project
such as sedimentation and acid drainage.
(3) Take steps to insure that Corps personnel in charge of the
project are familiar with State and Federal laws governing the control
of mineral recovery and the environment, as well as the Federal or State
agencies responsible for the enforcement of such laws.
(4) Division and District Engineers are requested to use the Refuse
Act of 1899 and any other legal remedies that may be appropriate in a
particular situation in order to protect the interests of the United
States and preserve the integrity of the project.
Sec. 644.6 Feasibility Reports and Design Memoranda.
(a) Feasibility investigations and reports. Survey investigations
and reports are the studies and reports, specifically authorized by
Congress and made by Division and District Engineers as assigned by the
Chief of Engineers, to determine the scope, justification, and degree of
Federal interest in protection and development of harbors, waterways,
shores and beaches, and river basins. For water resource projects the
reports include determination of needs of alternative plans of
protection and development to be considered for recommendation to
Congress for authorization as Federal projects. Survey reports should
clearly specify real estate requirements, both immediate and
prospective, and the responsibilities of Federal and non-Federal
agencies relative thereto. The real estate estimates in the reports
should be recent enough to be meaningful for the purpose intended.
Documentation regarding the estimates, such as when and by whom made,
nature and extent of field investigation, search for comparable sales
and similar factual material, shall be maintained.
(b) Phase I and Phase II General Design Memoranda. (1) The General
Design Memorandum (GDM) is a report on an authorized project. Its form
and content are set forth in ER 1110-2-1150. It includes a real estate
section, which consists of a general discussion of real estate
requirements for the project, recommendations as to estates to be
acquired, a gross appraisal of the necessary land and interests therein,
and other features considered desirable to present all major real estate
problems and to recommend solutions. Subject to the availability of
data, minerals in the project area should be covered in the manner set
forth in Sec. 644.5. Detailed sales data are not necessary, but may be
included if it is anticipated that recommendations will be made for
early acquisition of interior tracts.
(2) Real Estate personnel will prepare the real estate section of
the GDM. The requirements for current real estate estimates and
necessary documentation thereof contained in Sec. 644.6(a) are also
applicable to this paragraph.
(c) Real Estate Design Memoranda. (1) Following approval of the
Phase I GDM, a Real Estate Design Memorandum (REDM) will be prepared by
the Division or District Engineer. Approval of the REDM shall be in
accordance with ER 1110-2-1150, para 21b(2)(j). No land shall be
acquired for the project without approval of the initial REDM except (i)
in the case of an advance land acquisition situation, (ii) acquisition
for local cooperation project, or (iii) when a letter-type REDM has been
submitted. The REDM will include the following in the order set forth
below:
(A) A statement that this REDM is tentative in nature for planning
purposes only and that both the final real property acquisition lines
and the estimate of value are subject to change even after approval of
this REDM.
[[Page 98]]
(B) Project authorization, designation, location and date of
approval of GDM Phase I, including the Recreation Resources Appendix
(App A, ER 1110-2-1150).
(C) General description of the area and estimated total acreage. The
total acreage will be broken down as to fee and easement areas. The fee
will be further broken down to indicate, separately, the estimated
acreage required for the various authorized project purposes.
(D) If any Government-owned land is within the area, indicate the
Government's estate, degree of interest required for project purposes,
and views of the local representative of the controlling agency as to
use for project purposes (see Act of July 26, 1956 (70 Stat. 656) with
respect to national forest land).
(E) Appraisal information containing a general statement as to
character, present use and highest and best use of the land, local
economic conditions which may affect the trend of real estate values in
the community and the gross estimate of value for the area to be
acquired under the REDM. The gross appraisal on which this estimate is
based should be forwarded concurrently to HQDA (DAEN-REE) WASH DC 20314.
(F) Information necessary to ascertain responsibility under Pub. L.
91-646 including but not limited to the following:
(1) The number of persons, farms and businesses to be displaced.
(2) An estimate of all costs, including contingencies to be incurred
as a result of compliance with Pub. L. 91-646. Part 641 of this
subchapter sets out the items to be considered in estimating these
costs.
(3) Information regarding the availability of replacement housing.
(G) Estimated cost to the United States of lands, easements, and
rights-of-way necessary for acquisition by the United States for:
(1) Access roads to project area. A statement will be included as to
whether existing public roads will be utilized within the purview of 33
U.S.C. 701r-1 or new rights-of-way for access roads will be acquired,
with the estimated cost of such new rights-of-way. The proposed plan of
access during construction will be fully described.
(2) Relocation of highways, roads, railroads, pipelines, and
utilities (ER 1180-1-1, Section 73). Statement will be included as to
whether the Government or the owner(s) will acquire new rights-of-way,
if any, necessary for the various relocations.
(H) Number of structures and facilities which will come within the
purview of section 111 of the Act of Congress approved July 3, 1958
(Pub. L. 85-500), and a preliminary estimate of Government costs (ER
1180-1-1, Section 73).
(I) A study, in accordance with Sec. 644.5, of present or
anticipated mineral activity in the vicinity of the project which may
affect the operation thereof. A recommendation including cost estimate,
if applicable, regarding the acquisition of the minerals should also be
included in this section of the REDM.
(J) A discussion of standing timber and other vegetative cover in
proposed recreation areas and other areas above the conservation pool
which have recreation or scenic value. Recommendations should be made as
to the significance of such timber and cover and as to whether
reservation of standing timber should be permitted in the various parts
of the fee area.
(K) A map(s) showing the area which is the subject of the REDM,
indicating the acquisition guide line, contour line, the tentative
blocked out fee line, multipurpose pool, and lands in which the
acquisition of easements is recommended. The map(s) will show, where
appropriate, the dam site, construction area, borrow areas, spoil areas,
public access areas, fish and wildlife areas, and recreation areas. In
addition, the appropriate map(s) will have outlined thereon the items of
construction or major project features. Access roads and railroad
rights-of-way required for these areas will also be shown. Chapter 3 of
ER 405-1-12 relates to the preparation of maps. With respect to a
project where it is planned to submit several REDMs covering portions of
the project, the initial REDM will contain a map showing the entire
project, with the information shown thereon as indicated above, insofar
as this information covering the entire
[[Page 99]]
project is then available. All subsequent REDMs will contain the same
type of map, on which will be shown the area(s) on which REDMs have been
previously submitted with each such area keyed to the number of its
REDM. Maps shall be of sufficient scale to be legible and to permit
ready interpretation of pertinent features.
(L) An aerial mosaic, if available, to provide a pictorial support
to the rest of the report concerning involved problems.
(M) Discussion relating to the acquisition or relocation of towns
and cemeteries within the project area (ER 1180-1-1, Section 73).
(N) A realistic estimate of administrative costs, giving due
recognition to existing and foreseeable conditions. To assure direct
relationship between costs and estimates, the breakdown of these
estimates will conform to the prescribed acquisition activity cost items
as set forth under Real Estate Schedule/Cost and Performance, ENG Form
4564, or any further breakdown which the District Engineer may consider
desirable. Included as a minimum requirement will be: Estimated
administrative costs for mapping, surveying, and boundary monumentation,
appraising, title evidence, negotiating and closing direct purchases,
condemnation, and relocation assistance.
(O) Summary of project real estate costs, total all project real
estate costs by category, i.e., land cost, improvements, severance, Pub.
L. 91-646 costs, relocations, minerals, contingencies, administrative
costs, etc.
(P) Schedule of acquisition.
(Q) Discussion and recommendations concerning the nonstandard
estates proposed for acquisition and the real property boundary lines.
(R) The extent of the existing navigational servitude (ER 1165-2-
302).
(S) The REDMs will be assigned a single basic number for each
project; succeeding REDMs will be given alphabetical suffixes to the
basic assigned number--for example, REDM Nos. 5, 5A, 5B, etc. Copies of
the letter of transmittal and indorsements thereon will be inserted in
the front of each copy of the REDM. A cover sheet will list
chronologically all REDMs (including supplements thereto and brief
letter-type memoranda) previously submitted, and will show dates
submitted by the District Engineer and, if approved, dates of approval
thereof.
(2) Upon approval of each REDM, the Division or District Engineer
may, subject to the availability of funds, proceed with the acquisition
of land and/or interests therein. The REDM, as approved, will constitute
the overall real estate plan for acquisition of the area covered by the
REDM. Whenever changes in the approved REDM are required, a
supplementary REDM describing the proposed changes and setting forth the
reasons therefor will be submitted. Approval of a supplemental REDM is
required before acquisition can proceed in the area in which the changes
are proposed.
(3) Prior to the approval of the REDM, Division and District
Engineers should, subject to the availability of funds, proceed with
preliminary real estate work, in the same manner as set out in Sec.
644.30. No action will be taken to solicit an offer from a landowner for
the purchase of his land until the acquisition has been approved and
subject to availability of funds and compliance with the applicable
provisions of Pub. L. 91-646.
(4) An REDM is not required for projects authorized by the Congress
subject to the condition that local interests furnish without cost to
the United States the necessary lands, easements, and rights-of-way.
However, the GDM should include a statement enumerating the requirements
of local cooperation, the name of the local interests proposing to
fulfill said requirements, an estimate of land costs, and any other
information pertinent thereto.
(5) Number and content of Real Estate Design Memorandum.
(i) With respect to reservoir projects involving an extensive real
estate program, it is considered preferable that more than one REDM be
prepared so that each will cover a segment or group of segments, making
up the total project, consistent with the planned schedule of
acquisition.
(ii) For those projects, requiring two or more REDMs to cover the
project area, each REDM will include all contiguous lands for each
public access
[[Page 100]]
point and recreational site proposed within the area covered by that
REDM. Noncontiguous areas planned for these purposes that are located
beyond the limits of the REDM involved will be omitted therefrom. This
procedure does not apply to areas authorized for fish and wildlife
purposes. Lands authorized specifically for fish and wildlife purposes
may be included either in a conventional REDM, along with other project
lands or be submitted as a separate REDM, depending on convenience in
preparation and size of the area. However, in either event, whenever
practicable, the entire area proposed for this purpose should be covered
in one REDM, as a unit.
(iii) For smaller projects, not involving an extensive real estate
program, all real estate requirements, including those for public
access, fish and wildlife, and recreation, may be covered in a single
REDM.
(d) Blocking out. The following are guidelines to be observed to the
extent possible in preparing the REDM. These guidelines will be adhered
to by the Division Engineer in his approval of the final real estate
acquisition lines.
(1) Close blocking out will be accomplished in accordance with sound
real estate practices.
(2) For land acquired in fee, the blocked out final real estate
acquisition line will be established in such manner as to minimize costs
and cause the least disruption in the use of the remainder of the
ownership.
(3) Severance damages will be avoided to the extent possible
consistent with real estate requirements for the project. In accordance
with section 301 of Pub. L. 91-646, if the acquisition of part of a
tract will render the remainder an uneconomic unit, an offer must be
made to purchase the entire tract.
(4) It is conceivable that, in certain instances, acquisition of an
easement will result in an uneconomic remainder and this requires
application of section 301 of Pub. L. 91-646, as in paragraph (d)(3) of
this section.
(5) A remnant without access need not be acquired if:
(i) The owner desires to retain the property and releases the
Government from damages for lack of access, and
(ii) The obtaining of such release in lieu of acquisition is
concurred in, in writing, by the local road authority, and the local
road authority is released from damages due to loss of access.
(6) For lands to be acquired in fee or easements, close tangent will
be used, generally following the acquisition line.
(7) When small portions of additional properties, not otherwise
needed for the project, are within the acquisition line, they may be
omitted if to do so will not materially affect the operation and
maintenance of the project as determined by operational elements.
Sec. 644.7 Acquisition lines.
(a) Tentative acquisition lines. As indicated in Sec.
644.6(c)(1)(iii)(K), tentative 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 their effect
upon fringe tracts. It will, therefore, be necessary to establish final
acquisition lines, in accordance with sound real estate practices.
Accordingly, fringe tracts will not be acquired until the final
acquisition lines are approved by the Division Engineer.
(b) Submission. As soon as possible after authority has been granted
to acquire the land and/or interest therein, the District Engineer will
complete appraisals covering the fringe tracts. Thereupon, a map showing
proposed final acquistion lines will be submitted to the Division
Engineer, accompanied by justification and reasons therefor. This
submission may be for an entire project or by segments or units.
However, if the final map is submitted on a segment or unit basis, each
segment or unit must be complete in itself and not be dependent on
another segment or unit not submitted for approval.
(c) Approval. The Division Engineer is authorized to approve final
acquisition lines, but shall not delegate this responsibility to
District Engineers. This authority is subject to the following:
(1) Except for the addition or deletion of individial ownerships, or
portions thereof, on the basis of the criteria contained in Sec.
644.6(d), approval of any changes in the overall plan will be in
compliance with ER 1110-2-1150.
[[Page 101]]
(2) Estates in individual tracts may be changed if consistent with
the overall plan. Approval, however, will be required from HQDA (DAEN-
REA-P) if the estates are non-standard.
Sec. 644.8 Planning and scheduling real estate activities.
(a) Normal scheduling. (1) The objective of a planned 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 that there be adequate planning of the land acquisition
program to insure that there is no interference with unacquired
properties as a result of construction activities.
(2) It is essential that adequate funds be programmed on ENG Form
2213, Advance Engineering and Design Planning Schedule (PB-2B), to
proceed with real estate planning; preparation of Real Estate Design
Memoranda; determination of final project boundaries; and preliminary
real estate work to the point where land acquisition can be started as
soon as construction funds become available.
(3) Surveys and boundary monumentation and/or marking shall be
completed prior to acquistion.
(4) Funds will be programmed for acquisition of lands for the
construction area and/or other areas initially required within the first
year, and for acquisition of lands for the other features of the project
as rapidly as necessary real estate data can be assembled. For projects
with major impoundment features and with scheduled construction periods
of more than two years, funds will be programmed at a uniform level so
that total real estate requirements will be covered by accepted offers
to sell or declarations of taking filed in court by the end of two-
thirds of the overall construction period.
(b) Public information. (1) The real estate activities of the Corps
are extremely sensitive, since they disrupt the lives of individuals and
take their homes, farms and businesses. Therefore, the importance of
keeping landowners and others having an interest in the land informed of
the land acquisition program is emphasized. In order to avoid false
rumors and to permit the affected owners to formulate plans for the
future, information concerning the land acquisition program, procedures
with respect thereto, and the specific effect on the individual
properties, will be furnished to the affected owners at the outset of
the project.
(2) Section 302 of Pub. L. 86-645 (33 U.S.C. 597) is quoted, in
part, for guidance:
Within six months after the date that Congress authorizes
construction of a water resource development project under the
jurisdiction of the Secretary of the Army, the Corps of Engineers shall
make reasonable effort to advise owners and occupants in and adjacent to
the project area as to the probable timing for the acquisition of lands
for the project and for incidental rights-of-way, relocations, and any
other requirements affecting owners and occupants. Within a reasonable
time after initial appropriations are made for land acquisition or
construction, including relocations, the Corps of Engineers shall
conduct public meetings at locations convenient to owners and tenants to
be displaced by the project in order to advise them of the proposed
plans for acquisition and to afford them an opportunity to comment. To
carry out the provisions of this section, the Chief of Engineers shall
issue regulations to provide, among other things, dissemination of the
following information to those affected: (1) Factors considered in
making the appraisals; (2) desire to purchase property without going to
court; (3) legal right to submit to condemnation proceedings; (4)
Payments for moving expenses or other losses not covered by appraised
market value; (5) occupancy during construction; (6) removal of
improvements; (7) payments required from occupants of Government-
acquired land; (8) withdrawals by owners of deposits made in court by
Government; and (9) use of land by owner when easement is acquired.
(3) Within a reasonable time after initial appropriations are made
for land acquisition or construction, including relocations, Division
and District Engineers will conduct meetings with landowners. The United
States Senators of the state or states and Members of the House of
Representatives of the district or districts in which the project is
located should be invited to attend. Normally, the public meetings
should be scheduled prior to the commencement of the land acquisition
program. The agenda for the meetings will include not only the nine
specific items listed in section 302, Pub. L. 86-645, but all other
items of a nature
[[Page 102]]
that will assist landowners and tenants in understanding all of the
Corps' real estate procedures such as, but not limited to: Acquisition
schedules, the type of land interests to be acquired under the Joint
Policy, approximate acquisition lines, management of the project, etc.
In addition to the foregoing, pamphlets containing this information and
the information brochure explaining the benefits to landowners under
Pub. L. 91-646 will be given wide distribution at approximately the same
time the landowners meeting program is initiated, and copies will be
furnished to the appropriate United States Senators and Members of the
House of Representatives.
(4) Inquiries, comments of landowners and tenants, and problems
developed at the landowners meetings should be recorded or, at least, a
detailed written resume made. HQDA (DAEN-REA-P) should be informed as to
the outcome of these meetings. Effective follow-up to supply any
information not available at the meeting, or to consider any particular
problems presented, is essential to realize the full advantage of the
public relations program.
(5) The provisions of this paragraph are applicable to all water
resource development projects, including all local cooperation projects
for which real estate is to be acquired in whole or in part by local
interests. Initial information as to such projects for which real estate
acquisition is exclusively a local interest responsibility may be given,
within six months after project authorization, by either the local
interest or Federal Government, through the media best adaptable under
the circumstances. Advice should be given as to the timing of
acquisition of the lands and lesser interests, and also as to the extent
to which acquisition will be accomplished by the local interests. After
appropriations, the local interests should be encouraged to sponsor and
conduct a landowners meeting with attendance by Corps of Engineers
representatives. If there is a joint responsibility for real estate
acquisition, the local interests should explain the scheduled
requirement for possession of the lands involved and their acquisition
procedures, and the Corps of Engineers representatives should explain
the procedures followed when lands are condemned by the Federal
Government on behalf of local interests, and the authority for each
action.
(6) If local interests refuse to call a landowners meeting, the
District Engineer should call such a meeting, to explain the general
construction features of the project, to inform the landowners and
tenants that local interests are obligated to acquire the necessary
lands, to state that we cannot explain the exact procedures which will
be followed by local interests, but to explain the procedures followed
when lands are condemned by the Federal Government on behalf of local
interests. If only a very few landowners and tenants are involved, local
interests may hold their meeting in the District Engineer's office or at
a location more convenient to the landowners and tenants. While this
would not be a formal meeting, the same type of information would be
furnished. Here, also the District Engineer should call such a meeting
if local interests refuse to do so.
(7) To summarize, public (landowners) meetings are required by
section 302 of Pub. L. 86-645. This requirement applies to local
cooperation projects as well as to the large Federal water resources
development projects. The meetings will be held by Division/District
Engineers, to comply with the law, if local interests refuse to call
meetings at which information would normally be furnished jointly by the
local interests and by the Corps of Engineers representatives.
(8) Real Estate personnel and the Public Affairs Officers of the
Division and District Engineers should cooperate closely in planning
vigorous public relations programs as contemplated in this paragraph and
through the press, radio, and television.
(c) Land acquisition funds for land acquisition in advance of
project construction. (1) A Land Acquisition Fund in the amount of $2
million was established as a part of the appropriations contained in the
Public Works for Water, Pollution Control, and Power Development and
Atomic Energy Commission Appropriation Act, 1971 (Pub. L. 91-439).
Comments of the House Appropriations Committee in establishing
[[Page 103]]
the Fund are contained in House Committee Report No. 91-1219, 91st
Congress, 1st Session, as follows:
New land acquisition fund. The committee has approved the budget
proposal to allocate $2 million to establish a fund for land
acquisition, in advance of project construction, to alleviate severe
hardship cases and to avoid price escalation. The proposal has been
approved with the understanding that prior committee approval will be
obtained for initial purchases in each project area and that use of the
fund shall be confined to those projects on which planning has
progressed to the point that the damsite has been finalized, and it is
known with certainty the lands to be acquired for the project.
This fund was increased to $3 million by the Public Works for Water and
Power Development and Atomic Energy Commission Appropriation Act of 1973
(Pub. L. 92-405).
(2) Applicability. Expenditures from the Fund are applicable to
authorized water resource development projects for which land
acquisition is a Federal responsibility.
(3) Guidelines for utilization of the Fund for Advance Land
Acquisitions. (i) The Fund will be used to acquire private and non-
Federal publicly-owned properties at authorized water resource
development projects on which planning has progressed to the point that
the damsite has been finalized and it is established with certainty that
the individual properties will be required for the project.
(ii) Only those individual properties will be considered for
acquisition where it can be shown that advance acquisition of the
properties will alleviate severe hardship to the landowner and/or will
avoid unusual land price escalation. Unusual price escalation cases
involve those individually owned properties where it can be demonstrated
that the land value will materially escalate, prior to commencement of
the land acquisition program for the project from future appropriations
for land acquisition or construction, because of imminent actions which
will change the highest and best use of land, such as zoning actions,
planned construction on the land and other changes in real estate market
factors which will materially escalate land values. Normal land
escalation occurring to all properties in general within a project will
not be considered as a basis for acquisition. Hardship cases include,
but are not necessarily limited to, cases involving the following:
(A) The landowner has a valid contract to purchase a replacement
property and failure to dispose of his property inside the project will
force him to default the contract, forfeit his deposit, or otherwise
lose the benefits of the contract, and other replacement property is not
available within the same area under similar terms;
(B) The property owner is forced to relocate from the area due to
his employment or other circumstances beyond his control, and the
Government's project has so affected the sale of properties within the
project area as to make a sale to another private party at a fair and
reasonable price extremely difficult; and
(C) Illness of the owner or other members of his family, or other
personal hardship makes his relocation from the area necessary and the
Government's project has so affected the sale of properties within the
project area as to make a sale to another private party at a fair and
reasonable price extremely difficult.
(D) As indicated above, these examples are not intended to exclude
other cases where, in the exercise of sound judgment, actual hardship is
found to exist.
(iii) Individual tract ownerships recommended for advance
acquisition by Division and District Engineers and approved by OCE will
be acquired by direct purchase or through the filing of condemnation
proceedings, in accordance with normal procedures.
(4) Procedures. Individual tract ownerships which Division and
District Engineers consider are hardship cases or involve unusual price
escalation, within the guidelines set forth in paragraph (c)(3) of this
section should be recommended to OCE for acquisition.
(i) Full justification must be submitted to HQDA (DAEN-CWB) WASH DC
20314 in support of the recommendation to acquire the individual
ownerships.
(ii) If the recommendation is approved, action will be taken by OCE
to
[[Page 104]]
obtain approval of the House and Senate Committees on Appropriations.
Upon receipt of Committee approvals, the Division Engineer will be
authorized to proceed with the acquisition action if sufficient funds
are available from the Land Acquisition Fund.
(iii) Appropriate records will be maintained by District or Division
Engineers of allocations made from the Fund which are used for approved
acquisition cases. These funds will be accounted for under a designated
account number.
(iv) When appropriations for land acquisition or construction of the
Federal project are specifically made by the Congress, the initial
allowance of funds to the project will be reduced by the amount
previously allotted from the Land Acquisition Fund in order to replenish
the Fund for use at other projects.
(d) Acquisition for State or local interests--Resettlement sites.
(1) Section 209 of Pub. L. 90-483 (82 Stat. 745) enacted August 13,
1968, provides that the Secretary of the Army may, prior to the approval
of title by the Attorney General, acquire, enter upon, and take
possession of lands or interests in lands by purchase, donation,
condemnation or otherwise, whenever any State, or any agency or
instrumentality of a State or local Government, or any nonprofit
incorporated body organized or chartered under the law of the State, or
any nonprofit association, shall undertake to secure any lands or
interests therein as a site for the resettlement of families,
individuals, and business concerns displaced by a river and harbor
improvement, flood control or other duly authorized water resource
project, and
(i) It is determined by the Secretary of the Army that the State or
local interest is unable to acquire the necessary land, or unable to
acquire it with sufficient promptness, and
(ii) The Governor of the State in which the site is located has
requested such acquisition.
(2) Cost of acquisition. The Act also provides that:
(i) All expenses of acquisition accomplished under the authority of
the Act, including any award that may be made in a condemnation
proceeding, the cost of title evidence, appraisals and any other costs
incident to such acquisition, shall be paid by the State, agency,
instrumentality or nonprofit body.
(ii) The State, agency, instrumentality or nonprofit body may repay
such amount from any funds made available to it by any Federal
department, agency, or instrumentality, other than the Department of the
Army.
(iii) Pending such payment, the Secretary of the Army may expend
from any funds appropriated for the project such sums as may be
necessary to carry out section 209, Pub. L. 90-483.
(iv) To secure such payment, the State, agency, instrumentality or
nonprofit body may be required to execute a proper bond before
acquisition is commenced.
(v) Any sums paid by a State, agency, instrumentality or nonprofit
body under section 209 shall be credited to the appropriation for the
project.
(3) Determinations required before application of section 209. No
acquisition by the Department of the Army may be undertaken under this
section until the Secretary of the Army has determined, after
consultation with appropriate Federal, State and local government
agencies, that:
(i) The development of a site is necessary in order to alleviate
hardships to displaced persons;
(ii) The location of the site is suitable for development in
relation to present or potential sources of employment; and
(iii) A plan for development of the site has been approved by
appropriate local government authorities in the area or community in
which the site is located.
(4) Action by District or Division Engineer. When the District
Engineer is of the opinion that section 209 may be applicable to a given
situation, after consultation with State and State agency officials, the
Governor of the State should be advised of the pertinent provisions of
the law and the assistance that can be rendered by the Secretary of the
Army under the terms and conditions of the law at the request of the
Governor. If planning towards resettlement is undertaken by a State,
agency, instrumentality or nonprofit body, the District Engineer will
keep advised of
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the progress of such local planning and will furnish guidelines and
consultation to the local interests during development of the plan.
(5) Implementation of the Plan of Resettlement. When the final plan
has been developed and approved by the appropriate Federal, State and
local governmental agencies (which will include information showing that
the site is necessary to alleviate hardships to displaced persons and
suitable for development in relation to present or potential sources of
employment), a showing has been made that the State is unable to acquire
the necessary lands or interests therein or is unable to acquire the
lands with sufficient promptness, the Governor has executed a request
that the Secretary of the Army acquire the lands under the terms and
conditions of the Act, and the State or agency of the State has executed
a proper bond in an amount deemed necessary to cover total expenditures
to be made by the Army for the land acquisition, the District Engineer
should submit to HQDA (DAEN-REA-P) WASH DC 20314 a brief Real Estate
Design Memorandum covering the land to be acquired under the plan. The
REDM should be accompanied by the final approved plan and the
information listed above in order that the Secretary may make the
determinations as required by section 209(b) of Pub. L. 90-483. No
action will be taken by the District Engineer to acquire the land,
proposed for acquisition in the plan and the REDM, until receipt of
authority from DAEN-REA-P to proceed with the acquisition. A complete
record will be maintained of all land and administrative costs incident
to the acquisition as a basis for a request for reimbursement to the
State and/or the State agency or agencies. Upon authorization to the
District Engineer to proceed with land acquisitions of the site, normal
Corps land acquisitions procedures will be followed.
(6) Conveyance of the site to the State or State agency or agencies.
In accordance with section 209(c) of Pub. L. 90-483, upon completion of
the acquisition of the site, a proper deed will be submitted to HQDA
(DAEN-REA-P) WASH DC 20314 for execution by the Secretary of the Army,
for conveyance of the land to the State or State agency, as appropriate.
Evidence must be submitted that the terms and conditions of the deed
have the approval of the Governor and the agency to which conveyance is
to be made. The deed will not be delivered until reimbursement has been
made to the United States for the land and administrative costs expended
by the District Engineer incident to the acquisition of the site.
Military (Army and Air Force) and Other Federal Agencies