BY ORDER OF THE AIR FORCE HANDBOOK SECRETARY OF THE AIR FORCE 1 MAY Civil Engineering MANAGING AIR FORCE REAL PROPERTY

Transcription

1 BY ORDER OF THE AIR FORCE HANDBOOK SECRETARY OF THE AIR FORCE 1 MAY 1999 Civil Engineering MANAGING AIR FORCE REAL PROPERTY NOTICE: This publication is available on the AFDPO WWW site at: http//afpubs.hq.af.mil. If you lack access, contact your Publishing Distribution Office (PDO). OPR: AFREA/DR (Ms Carol Xander) Certified by: HQ USAF/SCXX Pages: 234 Distribution: F This handbook supplements AFPD 32-90, Real Property Management, AFI , Acquisition of Real Property, AFI , Use of Real Property, AFI , Temporary Use of Air Force Real Property, AFI , Disposal of Real Property and AFI , Real Property Accountability and Reporting. It is designed to provide commanders and real property managers a reference for acquiring, disposing and managing real property. This handbook applies to all major commands (MAJCOM) and installations within the Air Force. Chapter 1--ACQUIRING REAL PROPERTY 11 SECTION 1A FUNDAMENTALS OF ACQUIRING REAL PROPERTY Acquiring Real Property Methods of Acquisition Standards and Scope for Acquisition Renewing Leases Construction on Leased Land Constructing, Improving, or Modifying Facilities Flood Hazard Considerations Economic Analysis Wetlands Air Installation Compatible Use Zone (AICUZ) Legislative Jurisdiction Annexing Land Restrictions on Use of Funds for Land Acquisitions Approving and Executing Real Property Instruments Services of the Corps of Engineers Acquisitions That Require Advance Approval Reports to Congressional Committees Additional Congressional Reporting by MAJCOMs Screening Government-Owned Real Property Uniform Relocation Assistance and Real Property Acquisition Policies Act of SECTION 1B ENVIRONMENTAL ISSUES AND BASELINE SURVEYS Intergovernmental and Interagency Coordination for Environmental Planning (IICEP) Notification Requirements... 20

2 2 AFH MAY Environmental Baseline Surveys (EBS) National Environmental Policy Act of 1969 (NEPA) Clean Air Act Amendments of Compliance with Other Laws and Regulations SECTION 1C ACQUIRING PERMANENT INTERESTS Authority Programming Acquisitions Acquisitions Costing More Than $500, Minor Land and Urgent Acquisitions Options on Real Property Gifts of Real Property Easements Withdrawal of Public Land Transfer From Another Military Department Real Property Declared "Excess" by Non-DOD Agencies Recalling Real Property Declared Excess by Military Departments Bombing and Gunnery Ranges SECTION 1D ACQUIRING LEASEHOLD INTERESTS Authority Lease Acquisitions Within Command Approval Authority Lease Acquisitions Above Command Approval Authority Procedures for Lease Acquisition Above Command Level Authority Limitations on Rents Limitations on Alteration, Improvement, and Repair of Leased Premises Certificates of Necessity MAJCOM Responsibilities Related to Altering, Improving, and Repairing Leased Premises: Payment for Leases Restoration of Leased Real Property Recording Leases SECTION 1E PREDESIGNATION OF NONINDUSTRIAL FACILITIES FOR EMERGENCIES Meeting Requirements for Emergencies SECTION 1F - ACQUISITION OF LESSER INTERESTS Special Licenses: Permits and Licenses From Other Government Agencies: Temporary Interests Beyond Command Approval Authority SECTION 1G GENERAL SERVICES ADMINISTRATION (GSA) SPACE General Information Requests for GSA-Owned or Leased Space Assignment of GSA Controlled Space GSA Reimbursable Work Notification of Changes in Space Assignment Reimbursement for GSA-Controlled Space and Services Termination of Assignments of GSA Space Restoration of GSA Space SECTION 1H ACQUISITION OF REAL PROPERTY IN TERRITORIAL AREAS ADMINISTERED BY THE UNITED STATES AND THE COMMONWEALTH OF PUERTO RICO Procedures Administration... 39

3 AFH MAY SECTION 1I ACQUISITION OF REAL PROPERTY IN FOREIGN COUNTRIES Acquisition of Real Property in Foreign Countries Interest To Be Acquired in Foreign Countries Agreements Policies in Foreign Countries General Guidelines for Foreign Countries One-Year Leases in Foreign Countries Firm Term Leases in Foreign Countries Advance Rental Payments in Foreign Countries Responsibilities of Central Points of Contact for Foreign Countries Construction on Leased Property in Foreign Countries Special Procedures in Geographic Areas Acquisitions Outside Overseas Commands' Jurisdiction Distribution of Real Estate Instruments Chapter 2--USE OF REAL PROPERTY 45 SECTION 2A -REAL PROPERTY REVIEWS AND STUDIES Reviewing Real Property Holdings Determining If Air Force Real Property is Being Put to Optimum Use Criteria for Retaining and Excessing Real Property. See AFI , Chapter SECTION 2B EXECUTIVE ORDER SURVEYS Preparing for Executive Order Surveys Retaining Air Force Real Property SECTION 2C USING REAL PROPERTY FACILITIES Managing Real Property Facilities Presentations to Facilities Board Validating and Monitoring Facility Use Deactivating and Disposing of Excess Facilities Changes In Use Conversions and Waivers Updating Real Property Records Chapter 3--TEMPORARY USE OF REAL PROPERTY 49 SECTION 3A GENERAL INFORMATION General Policy for Temporary Use of Real Property User s Responsibilities Priorities for Granting Temporary Use Order of Preference for Granting Temporary Use Meeting Stewart B. McKinney Homeless Assistance Act Requirements Competitive Bidding Commercial Advertising Public Safety Fair Market Rental Value Unoccupied Land SECTION 3B MEETING ENVIRONMENTAL REQUIREMENTS Environmental Protection Compliance With Environmental Laws Outgrants for Storage and Disposal of Non-DoD-Owned Hazardous or Toxic Materials Flood Plains and Flood Hazard Evaluation

4 4 AFH MAY Considering Wetlands Endangered Species Historic and Cultural Environment Coastal Zone Management Air Installation Compatible Use Zone (AICUZ) Evaluation Nondiscrimination in the Use of Air Force Real Property SECTION 3C PROCEDURES FOR GRANTING TEMPORARY USE Responsibilities of MAJCOM Delegating Authority Responsibilities of Installation Commanders Inspecting Outgrants Unauthorized Use of Real Property Role of Army Corps of Engineers (COE) Requests for Right-Of-Entry What to Include With Requests of Outgrants SECTION 3D GRANTING TEMPORARY USE BY LEASE Leasing Objectives Lease Term Revoking a Lease Lease Consideration Deposit of Consideration Deposit of Monies for Utilities and Services Leases and Licenses for Mineral Development Purposes Taxation of Leased Air Force Real Estate Lease Insurance Cost Related to Use of Air Force Real Property Restoration of Air Force Real Estate Assignments and Subleasing Leasing Excess or Surplus Real Property Leasing Excess and Surplus Air Force Real Property for Economic Readjustment Purposes Leasing for Grazing and Cropland Purposes SECTION 3E GRANTING TEMPORARY USE BY LICENSES AND PERMITS License Authority Licenses Granted Under Express Statutory Authority Consideration Term of Licenses License Insurance Licenses Granted Under Administrative Authority Licenses Issued Under Express Statutory Authorities SECTION 3F ISSUING PERMITS FOR TEMPORARY USE OF REAL PROPERTY Authority to Issue Permits to Other Federal Agencies Consideration Host-Tenant Support Agreements or Interservice, Interdepartmental, or Interagency Support Agreements in Lieu of Permits SAF/MII Approval Requirements for Permits Appraisals Term Hazardous Wastes and Materials... 70

5 AFH MAY SECTION 3G EASEMENTS Procedures for Easements Competition Consideration Term Easements for Power Lines and Communications Facilities Easements for Gas, Water, and Sewer Pipelines Easements for Roads and Streets, Railroad Tracks Easements for Oil, Natural Gas, and Synthetic Liquid or Gaseous Fuels Pipelines Easements for Rights-of-Way or Other Purposes and the Relinquishment of Legislative Jurisdiction Consent Agreements Repair and Restoration Prior Approval of the Secretary of the Air Force SECTION 3H GRANT TEMPORARY USE OF REAL PROPERTY FOR OTHER PURPOSES Morale, Welfare, and Recreation (MWR) Activities Public Schools Labor Unions Community Antenna Television Service (CATV) High Speed Vehicle Operations SECTION 3I COMPLYING WITH THE STEWART B. MCKINNEY ACT The Shelter for the Homeless Program SECTION 3J CREDIT UNIONS AND BANKS Credit Unions Establishing Banking Offices Banks and Credit Unions on Air National Guard Leased/Licensed Property Automated Teller Machine (ATM) Service Credit Unions Overseas Banking Establishments in Overseas Locations SECTION 3K AUTHORIZING TEMPORARY USE OVERSEAS Provisions for Foreign Countries Deviations from Provisions Submitting Outgrant Instruments Outgrants to Private Organizations (POs): SECTION 3L RENTAL RATES AND CHARGES FOR QUARTERS SUPPLIED ON A RENTAL BASIS Establishing Charges Basic Rent Principle Administrative Adjustments to Rent: Appraisals for Rental Quarters Appeals of Rent and Charge Schedules Disposition of Collections for Rents and Charges Chapter 4--DISPOSAL OF REAL PROPERTY 83 SECTION 4A FUNDAMENTALS OF DISPOSAL Review of Real Property Assets Responsibilities and Levels of Authority Reporting and Disposal Actions Intergovernmental and Interagency Coordination for Environmental Planning (IICEP)

6 6 AFH MAY 1999 Notification Requirements Conveying Surplus Real Property to Public Bodies Accountability and Care of Excess Property Disposal Commitments Disposal of Timber Disposal of Family Housing Transfer of Excess Real Property to Other Military Departments and Government Agencies Flood Plain Management, Executive Order Wetland Consideration Protection and Maintenance of Excess Installations Proceeds from Disposals Disposal of Family Housing Without Land Family Housing Reports of Excess Restoration of Land Used by Permit From Other Agencies Withdrawn Public Land Screening Excess Real Property Corps of Engineers Action SECTION 4B DISPOSAL OF LAND OR LAND INTERESTS WITH OR WITHOUT IMPROVEMENTS AND LEASEHOLDS HAVING REMAINING TERM OF FIVE YEARS OR MORE When to Submit a Declaration of Excess (DE) Disposal Authority Levels and Procedures Approval Authority of the Major Command (MAJCOM) SECTION 4C ENVIRONMENTAL RESPONSIBILITIES AND CONCERNS Contaminated Burial Sites with Explosives or Chemical Agents Identification of Critical Habitat for Federally Listed Endangered Species Annotating Location of Closed or Open Solid or Hazardous Waste Disposal Sites On Real Property Records Decontaminating Real Property Ordnance Contamination Asbestos Contamination Lead-Based Paint (LBP) Polychlorinated Biphenyls (PCBs) MAJCOM Responsibilities for Past Hazardous Waste Disposal Sites Underground Storage Tanks Abandoned Hazardous Waste and Material Containers Clearance Certificates SECTION 4D DISPOSAL OF HISTORIC REAL PROPERTY Preserving Historic Property The National Historic Preservation Act of The Archeological and Historic Preservation Act of National Register Properties Sale of Historic Real Property to the Public Disposal of Historic Buildings on Nonexcess Land SECTION 4E DISPOSAL OF EXCESS OR DETERIORATED BUILDINGS AND IMPROVEMENTS ON NONEXCESS LAND Disposal of Deteriorated Buildings and Improvements on Nonexcess Land AF Forms 300, Facility Disposal Buildings Containing Hazardous Materials... 97

7 AFH MAY Buildings Destroyed by Fire Disposing of Buildings and Structures by Burning Screening Donating Excess Real Property Transferring Excess Buildings or Improvements on Nonexcess Land Disposal by Sale or Salvage of Real Property With No Estimated Current Value Disposal by Sale or Salvage of Real Property With Value Buildings Committed to Congress for Disposal Improvements in the Way of New Construction Abandoning Facilities In-Place on Nonexcess Land SECTION 4F REMOVAL AND REUSE OF REAL PROPERTY INSTALLED EQUIPMENT (RPIE) Removal and Reuse of RPIE Inventory Procedures Screening Procedure for RPIE Removal of RPIE Approval Procedures Removing Approved Equipment Storage of "Hold" Items Costs for Removing, Overhauling, and Shipping Equipment Records Disposition SECTION 4G DISPOSALS OUTSIDE THE UNITED STATES, THE COMMONWEALTH OF PUERTO RICO, AND TERRITORIAL AREAS ADMINISTERED BY THE UNITED STATES Submitting DEs or AF Forms 300 for Property Outside the United States, the Commonwealth of Puerto Rico, and Territorial Areas Administered by the United States 101 SECTION 5A REAL PROPERTY RECORDS Real Property Records Maintenance and Dispositon of Records SECTION 5B APPOINTMENT OF REAL PROPERTY ACCOUNTABILITY OFFICERS AND TRANSFER OF ACCOUNTABILITY Appointment of Officers Transfer of Accountability Responsibility SECTION 5C - ACCOUNTING FOR OTHER INSTALLATIONS Off-base Installations Accounting for Other Command Installations SECTION 5D AUDIT OF AIR FORCE REAL PROPERTY RECORDS Purpose of Audits Correcting Deficiencies in the Real Property Records Terminal Audits SECTION 5E ACCOUNTING FOR ACQUIRED REAL PROPERTY How the Air Force Acquires Real Property Transfer of Real Property Interests from Real Estate Agencies Transfer of New Construction from Construction Agencies DD Form 1354 for Supported Installations Transfer of Property When Acquired by Purchase or Condemnation Transfer of Leased Property Transfer with Deficiencies or Beneficial Occupancy Transfer of Construction Data and Items Information To Be Furnished with DD Form Vouchering DD Form

8 8 AFH MAY Construction Accomplished by the Base Civil Engineer Filing Construction Data Real Property of Other Agencies Acquisition and Construction in Foreign Countries Real Property of Non-appropriated Fund Activities and Non-Air Force Agencies Title to Installed Property Purchased with Non-appropriated and Private Funds Removal of NAF or Non-Air Force Agency Property Recording Costs for Facilities in the United States and Its Territories Title to Real Property in Foreign Countries Recording Direct and Indirect U.S. Dollar Investments for Facilities in Foreign Countries Recording Data on Non-U.S. Dollar Investments Transfer of Collateral Equipment Donated Real Property Real Property Records Recording Costs for New Family Housing SECTION 5F -- ESTABLISHING, PREPARING, AND MAINTAINING REAL PROPERTY RECORDS Location of Real Property Records Preparation of Real Property Records AF Form 1450, Real Property Accountable Record Supplemental Card AF Form 1431, Real Property Accountable Record - Systems AF Form 1432, Real Property Accountable Record - Miscellaneous Structures: AF Form 1433, Real Property Accountable Record Plants: AF Form 1434, Real Property Accountable Record - Pavements AF Form 1435, Real Property Accountable Record--Land AF Form 1436, Real Property Accountable Record - Railroad: Inventory Detail Cards: Property Record Cards for Leased Facilities: How to Dispose of Leased Property Permitted Facilities Contractor Responsibilities Classification of Facilities Facility Identification Communications-Electronics (C-E) Equipment Facility Cross Reference List SECTION 5G CHANGES THAT AFFECT REAL PROPERTY RECORDS Acquisition Disposal of a Facility New Construction Accomplished by the BCE Alteration and Modification Accomplished by the BCE Installation and Removal of Installed Equipment Replacement of Similar Item Military Labor Changing Real Property Records Capitalization of Donated Work Adjustments to Real Property Records: Preparing Vouchers Recording Changes to Records Transfer of Collateral Equipment Capital Improvement or Change in the Physical Capacity, Basic Data, or Description

9 AFH MAY of Real Property Changes In Use of Real Property Voucher Register and File (AF Form 1437) Voucher and Supporting Documents: Balancing Real Property Accounts Supporting Documents Filing Supporting Documents Referencing Vouchers to Original Documents Real Property Control Ledger Original Graphic Records Real Estate Maps How to Maintain Maps. Plans, Drawings, and Specifications Relocating Facilities Assigning Numbers for Buildings and Structures Assigning Facility Numbers to Pavements, Systems, Plants, and Railroads Assigning Facility Numbers to Land Changing Facility Numbers Moving a Building to a New Area Municipal Type Numbering System Designations for Streets Accounting for Air Force Property in General Services Administration Space Government Property Leased to Non-governmental Agencies SECTION 5H INVENTORY AND INSPECTION PROCEDURES Real Property Inventory Inventory of Real Property Installed Equipment Scheduling Inventory Inspections of Real Property Installation Boundary Inspection and Identification: SECTION 5I REAL PROPERTY REPORTING Why Reports Are Needed Authority for Real Property Reporting Reports in the Real Property Inventory System Reporting Responsibilities How to Complete and Submit AF Form Supporting Responsibilities Preparation of Reports: How to Establish and Maintain Real Property Inventory Records Data Elements ATTACHMENT 1--GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION 138 ATTACHMENT 2--REQUIRED LAND ENCUMBRANCES-EXPANDED CLEAR ZONE (ECZ) EASEMENT ESTATE 153 ATTACHMENT 3--GSA REGIONAL OFFICES 155 ATTACHMENT 4--DIRECTORY OF FEMA REGIONAL OFFICES 157 ATTACHMENT 5--GSA JURISDICTION FOR GENERAL PURPOSE SPACE 160 ATTACHMENT 6--MISSION/LAND USE BRIEFING OF E.O SURVEY TEAM 183

10 10 AFH MAY 1999 ATTACHMENT 7--INSTRUCTIONS FOR COMPLETING AF FORM ATTACHMENT 8--STANDARD MINERAL LEASE STIPULATIONS 186 ATTACHMENT 9--DEPARTMENT OF THE AIR FORCE PERMIT 188 ATTACHMENT 10--RENTAL CRITERIA 189 ATTACHMENT 11--APPRAISAL REPORTS DATA 195 ATTACHMENT 12--REAL PROPERTY INSTALLED EQUIPMENT (RPIE) 197 ATTACHMENT 13--GENERAL SERVICES ADMINISTRATION (GSA) PUBLIC BUILDINGS SERVICE, OFFICE OF PROPERTY DISPOSAL (PR) REAL ESTATE SALES OFFICES 204 ATTACHMENT 14--CONTRACT CLAUSES TO BE PUT INTO INVITATION FOR BIDS (IFB) NOTIFICATION OF HAZARDOUS PROPERTY AND ENVIRONMENTAL PROTECTION REQUIREMENTS 205 ATTACHMENT 15--FORMAT FOR DECLARATION OF EXCESS (DE) REAL PROPERTY (LAND, LAND INTERESTS, AND LEASEHOLDS) 209 ATTACHMENT 16--CONDUCTING ENVIRONMENTAL BASELINE AND CLOSE-OUT SURVEYS IN REAL ESTATE TRANSACTIONS 211 ATTACHMENT 17--REPORTING PROCEDURES FOR DISPOSAL OF BUILDINGS CONTAINING ASBESTOS 214 ATTACHMENT 18--INSTALLATION ASBESTOS SURVEY PROCEDURE 215 ATTACHMENT 19--PROCEDURE FOR DISPOSAL OF BUILDINGS CONTAINING ASBESTOS 217 ATTACHMENT 20--ASBESTOS CLEARANCE CERTIFICATE 219 ATTACHMENT 21--HOW TO PREPARE AF FORM 300, FACILITY DISPOSAL 220 ATTACHMENT 22--INSTRUCTIONS FOR COMPLETING AF FORM ATTACHMENT 23--STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT PROCEDURES 223 ATTACHMENT 24--SAMPLE OF MEMORANDUM OF RECORD AND MEMORANDUM OF UNDERSTANDING 226 ATTACHMENT 25--LEAD-BASED PAINT FINAL DISCLOSURE RULE GUIDANCE 228

11 AFH MAY Chapter 1 ACQUIRING REAL PROPERTY Section 1A Fundamentals of Acquiring Real Property 1.1. Acquiring Real Property. Based upon the responsibilities and levels of authority defined in AFI , Acquisition of Real Property, installation commanders and base civil engineers must only acquire the least amount of real property needed to meet peacetime and mobilization requirements. Perform a preliminary assessment and site investigation to determine whether the property is associated with a history of hazard substance activities. Accomplish this environmental audit in accordance with Environmental Protection Agency (EPA) procedures and Air Force Environmental Baseline Survey (EBS) guidance. Before you acquire real property by lease or purchase, determine if the requirement can be satisfied by: Use of other real property under Air Force control Use of property excess to requirements of other military departments or other government agencies Withdrawal of public land Use of real property with reuse or "recapture" rights Acquisition of real property from state or municipal governments through donations Use of real property under long term nominal or low-cost lease Exchange of Air Force real property for privately owned property of the same value. Include consideration of real property belonging to other military or government agencies Acquisition of title to real property by gift. (See AFI , Gifts to the Department of the Air Force) Methods of Acquisition. Acquire real property by any method that fulfills the Air Force requirement in the most economical way and has the least adverse impact on the local economy. These methods apply in the United States, territorial areas administered by the United States, and the Commonwealth of Puerto Rico. Use an economic analysis (AFM , Economic Analysis and AFI , Economic Analysis) to help decide the alternative acquisition methods. When requirements cannot be met by using one of the methods in paragraph 1.1, the acquisition of a needed interest in real property may be authorized by law. Property acquisitions are specifically authorized by Congress when value is in excess of $500,000, minor land acquisition by the Secretary of the Air Force or as delegated can be undertaken when value is less than this amount (10 United States code 2672). See Section Real estate interest that may be acquired are: Fee Simple Title. Consider acquiring real property by fee simple title if there is a requirement to support permanent construction of improvements or the following circumstances exist: The cost of a lesser interest (lease or easement) and cost of the proposed construction equals or is more than the current fair market value of the land The estimated period of use is long enough to ensure that the amount to be spent for required rentals and restoration is more than 50 percent of the fair market value of the fee title consideration The cost of acquiring an easement is more than 75 percent of the current fair market value of the fee simple title.

12 12 AFH MAY Lesser Interests. If the estimated period of use is so limited that fee acquisition cannot be justified for economic reasons, consider acquisition by easement, lease, license, or permit. For acquisition in foreign countries, see Section 1I Leasehold Condemnations. Acquisition by leasehold condemnation is sometimes necessary to meet critical mission objectives. If there is a continuing requirement for land and/or improvements that cannot be satisfied by other means, seek permanent real property interest by submitting a Military Construction Program line item for fee acquisition to HQ USAF/ILEP two years before the lease term expires. In accordance with AFI , send requests for leasehold condemnations to AFREA/DR for SAF/MII approval. All lease condemnation actions require environmental analysis (EA) and an environmental baseline survey (EBS) or a waiver thereto Take into consideration the possibility of a change in mission beyond five years, when determining the interest to be acquired. When determining an estate less than fee, consider whether the lease or easement term should be a limited term or perpetual. Ordinarily, a real estate interest should not extend beyond the programmed mission requirements or economic life of the government improvements Private Sector Partnering. The 1996 Housing Amendments to the FY 96 National Defense Authorization Act (P.L ), 10 Feb 96, allow for a new approach to obtaining houses for military families and dormitories for single military members. New authorities allow for the acquisition or construction of family housing and for building or rehabilitation of dormitories on or near military installations in the United States, Puerto Rico, and U. S. territories and possessions, such as Guam and the United States Virgin Islands. (Such authorities presently are not available in foreign countries.) These authorities allow the Air Force to partner with the private sector, providing land, money, and guarantees to assure private developers of a durable and profitable investment in dwelling units intended, primarily, for military personnel. HQ USAF/ILEI, Facility Outsourcing & Privatization Division, is the OPR for general procedures for such Air Force housing privatization projects Standards and Scope for Acquisition. Accomplish an environmental baseline survey (EBS) in accordance with AFI , Environmental Baseline Surveys in Real Estate Transactions, to document the nature, magnitude and extent of any environmental contamination of property or interests in real property considered for acquisition. Steps must be taken to make sure land and property acquisitions are in compliance with the National Environmental Policy Act of 1969 (NEPA) (Title 42, United States Code, Sections , as prescribed in AFI , The Environmental Impact analysis Process. Also see Air Force Policy Directive 32-70, Environmental Quality, for more information Comply with the standards and scope in AFI , Standard Facility Requirements, and AFH , Facility Requirements, that support the Air Force comprehensive plan according to AFI , Air Force Comprehensive Planning Protect historic and cultural properties, as required by conforming with the following guidance: National Historic Preservation Act of 1966, Title 16, United States Code, Chapter 470, as amended Executive Order 11593, Protection and Enhancement of the Cultural Environment,, 13 May Archeological Resources Protection Act of 1979 (Title 16, United States Code, Section ) Archeological and Historic Preservation Act of 1974, as amended (Title 16, United States Code, Section 469a-469c) National Historic Preservation Act Amendments of 1980 (Title 16, United States Code, Section 470) et seq. and Amendment of 1972.

13 AFH MAY Use historic properties available in the real property inventory before acquiring, constructing, or leasing additional facilities, when economically feasible Renewing Leases. Develop a procedure to ensure that requests to renew leases for real property are processed in a timely manner. Renewal may start as early as three years in advance of lease expiration for leases with 25 or 50 year terms. (See paragraph 1.41) Include the appropriate environmental impact analysis in accordance with AFI Do not risk the loss of use of leased property due to an incomplete environmental impact analysis, if one is required. An Environmental Impact Statement (EIS) is required when there is a significant degradation of environmental quality and the property or the intended use has a significant impact on the surrounding community, land use, or conservation interest, or use of the property by the Air Force may prove controversial. (See Section 1B.) Pay attention to the alternatives, including environmental consequences resulting from reversion of the property to private use for renewals of Air Force leaseholds. See AFI for levels of approval authority. Send lease renewals with an annual rental over $200,000 to AFREA/DR for approval at least 12 months before the lease expires Consider and document environmental effects of proposed Air Force actions through AF Forms 813, EAs, FONSIs, EISs, EIS Records of Decision (ROD), and documents prepared according to Executive Order (E.O.) Send an AF Form 813, Request for Environmental Impact Analysis, with each lease renewal request as prescribed by AFI , The Environmental Impact Analysis Process. (See Section 1B) NOTE: The requirements in paragraph 1.4 do not apply to real property used for industrial production and related purposes or to foreign real property cited in Section 1I Construction on Leased Land. MAJCOMs must send requests for construction on leased land and land subject to reversion to AFREA/DR for SAF/MII approval. See AFI for data to be included with the request. This also applies to construction on interests acquired by easements, rights-of-entry, and licenses from nonfederal parties. Ensure that the interest in the real property is sufficient for the purpose of the construction project. Include the following standard terms and conditions in the lease or other instrument: Firm term or the right of renewal for a term equal to or longer than the useful life of the construction or of the project Consideration not exceeding fair market value Reserve government title to all improvements placed on the property. This includes the right to dispose of improvements during the term of the real estate instrument by sale, abandonment Waiver by the property owner of any and all claims for restoration of the property. NOTE: SAF/MII must approve any variation from these terms Constructing, Improving, or Modifying Facilities. Do not construct, improve or modify real property of another government agency unless the Air Force has exclusive use. In such cases, attempt to get a permit for the full period of planned use. If a permit for the full period cannot be obtained, get a five-year permit with an option to renew for an additional five years. Send requests for exceptions to AFREA/DR Flood Hazard Considerations. Under Executive Order 11988, you must evaluate flood hazards when acquiring land or facilities. This

14 14 AFH MAY 1999 prevents the uneconomic, hazardous and unnecessary use of flood plains and areas subject to flash flooding. If you have jurisdiction over real property that has suffered flood damage, or that may flood, mark the past or probable flood heights so the public will be aware of flood hazards Evaluate flood hazards according to the guidelines in the Water Resources Council publication of February 1978, Flood Plain Management Guidelines for Implementing Executive Order Obtain a copy of this publication from the Federal Emergency Management Agency, Flood Plain Management Office, Room 509, 500 C Street, SW, Washington DC See AFI , Integrated Natural Resources Management, for more information. Note: Construction is allowed where a Finding of No Practicable Alternative (FONPA) has been documented Economic Analysis. An economic analysis is required for all leasehold acquisitions in lieu of new construction if the rent exceeds $500,000 per year. See AFI , Economic Analysis and AFMAN , Economic Analysis Wetlands. Executive Order 11990, Wetlands Management, requires us to take action to minimize the destruction, loss, or degradation of wetlands. Preserve and enhance the natural and beneficial values of wetlands when acquiring land or in managing federal land and facilities Wetlands are areas of hydrological utility and environmental diversity providing natural flood control, improved water quality, and stabilization of the flow of rivers and streams. They also provide habitat for fish and wildlife resources. Wetlands contribute to the production of agricultural products and timber and provide recreational, scientific, and aesthetic resources of national interest. See AFI , Integrated Natural Resources Management, for more information Air Installation Compatible Use Zone (AICUZ). To ensure the operational integrity of military airfields in the United States and the territorial areas administered by the United States, it may be necessary to acquire property interests near Air Force installations where the off-base land uses are incompatible with aircraft operations. See AFI , Air Installation Compatible Use Zone Program, and Attachment 2, Required Land Encumbrances- Expanded Clear Zone (ECZ) Easement Estate, of this handbook, for more information. Obtain necessary rights by exchange or purchase. Installation commander will initiate efforts to encourage local community planners to develop land use controls that limit potential inconsistent land uses and development in off-base areas at ends of airfield runways to prevent encroachments which threaten military aircraft operations Legislative Jurisdiction. Legislative jurisdiction means the power to pass and enforce U.S. laws on matters that are ordinarily reserved to the state. Examples are common crime, family law, and tort law. However, regardless of where legislative jurisdiction lies, the power of the base or installation commander to enforce Air Force instructions, the Uniform Code of Military Justice, and federal statutes is not affected. See AFI , Acquisition of Real Property, AFI , Use of Real Property Facilities, and AFI , Granting Temporary Use of Air Force Real Property, for more information Legislative jurisdiction is acquired according to Title 40, United States Code, Section 255. The military departments relinquish legislative jurisdiction to the State pursuant to Title 10 United States Code, Section There are four types of legislative jurisdiction.

15 AFH MAY Exclusive. When the Federal government has acquired, in the manner provided by state statute, all of the state s judicial, legislative and administrative authority, and the state concerned has not reserved to itself the right to exercise any of the authority concurrently with the federal government, except the right to serve state civil or criminal process for activities that occurred outside of the area, which is an exception Concurrent. When the state, in granting the government authority that would amount to exclusive legislative jurisdiction over an area, has reserved to itself the right to exercise, concurrently with the federal government, all of the same authority. This rare case currently exists in Alaska due to the special provisions in Public Law , Alaska Statehood Act Note: It is Air Force policy not to hold concurrent jurisdiction except in unusual circumstances Partial. When the government has been granted some of the state s authority to legislate but the state concerned has reserved the right to exercise, by itself or concurrently with the government, some authority beyond the right to serve criminal process in the area. an example is the right to tax private property Proprietorial (or Proprietary). The term is applied when the government has acquired some right or title to a land area in a state but has not obtained any of the state s police power authority legislate over the area. Because of its functions and authority under various provisions of the Constitution, the government has many powers and immunities in acquired land area that ordinary landowners do not have. Further, all of its properties are held and functions are performed in a governmental capacity rather than a proprietary (example: business) capacity It is the general policy of the Air Force to operate under a proprietorial interest in land rather than any other degree of legislative jurisdiction unless such interest is necessary to carry out the assigned mission. Further, it is Air Force policy to honor requests from the states to retrocede unnecessary legislative jurisdiction to the state concerned, particularly jurisdiction over public roads that cross or border an Air Force base or installation Planned expansions or contraction of legislative jurisdiction over military property may be taken only after the installation s consultation with the local United States Attorney The Justice Department also requires that its General Litigation and Legal Advice Section of the Criminal Division be consulted before jurisdictional changes occur. An information copy of the consultation correspondence with the local United States Attorney will suffice. The Corps of Engineers, as Air Force real estate agents, must notify: General Litigation and Legal Advice Section Criminal Division US Department of Justice 10th and Constitution Ave., NW Washington DC A copy of this correspondence must be provided to the Office of the Chief of Engineers U.S. Army Corps of Engineers Attn: CERE-MM 20 Massachusetts Avenue, NW Washington DC District Engineers keep records of and provide information that concerns federal legislative jurisdiction on Air Force installations Send requests for any degree of federal legislative jurisdiction through MAJCOM to AFREA/DR for approval by SAF/MII. Approved actions are then sent through channels to the appropriate District Engineers for action. The request must:

16 16 AFH MAY Include a vicinity map and a drawing or description of the land area and a prepared letter to the Governor for execution in the Office of the Secretary Give the current status of legislative jurisdiction over the area concerned State, in detail, the background and circumstances for acquiring legislative jurisdiction Make known the degree of jurisdiction considered necessary with full justification State whether the desired jurisdiction is available under the present laws of the state and provide copies of relevant state laws AFREA/DR directs the Corps of Engineers to prepare a jurisdiction assembly which explains state procedures for acceptance of the jurisdiction and provides a proposed letter to the Governor for execution in the Office of the Secretary In regard to procedures for retrocessions, send requests to retrocede federal legislative jurisdiction through the MAJCOM to AFREA/DR for SAF/MII approval. Approval actions are then sent through channels to the appropriate District Engineer for action. All requests must: Identify the installation or facility and land tract (or tracts) involved Include a vicinity map and a legal description of the land State the type of legislative jurisdiction now held over the land Explain the background and circumstances that make retrocession desirable Recommend the degree of legislative jurisdiction desired to be retroceded. The policy is to relinquish exclusive jurisdiction and operate under a proprietary interest only. NOTE: When government real property is disposed of, any legislative jurisdiction held by the United States becomes extinguished Annexing Land. A municipality annexes land under general or special state laws to expand municipal boundaries. Ownership of land does not change and the powers and immunities of the base commander under federal law are not affected The Secretary of the Air Force or a designated representative (presently, SAF/MII) has the authority to accept or protest annexation of Air Force controlled land. DOD policy is for military departments to remain neutral to annexation proposals. Annexations are not usually opposed unless the Secretary or representative finds that the action would not be in the best interest of the government or the annexation proposal is opposed by another political subdivision. Research state laws when annexation is a possibility The base or installation commander must let the MAJCOM and AFREA/DR know about plans to annex Air Force lands, so that the Air Force Secretariat has an opportunity to comment when a request is received from a political subdivision of a state. Also notify the MAJCOM when information or official notice has been received from a municipality The BCE (assisted by the Staff Judge Advocate) prepares an Annexation and Evaluation Report for submittal through the MAJCOM to AFREA/DR for Secretariat approval. Data should include, but not be limited to: Location of the area, its acquisition origin, and present use Title held by the government and the degree of legislative jurisdiction, if any, over the property A color-coded map of the general area proposed for annexation, showing the extent of the government installation and the lands proposed for annexation. The map must be a portion of the Air Force installation plan and must show both current and proposed uses of the property at issue Effect, if any, on the base or installation comprehensive (master) plan and assigned mission Known benefits to the base or installation personnel, if any, resulting from annexation. This includes benefits like municipal fire protection; police services; snow removal; street maintenance,

17 AFH MAY sanitation services, use of schools, utility services, or reduced utility rates. Show the current source of utilities for the installation and include annexor s capability to furnish such services Adverse effects, if any, on the base or installation personnel from municipal taxation, licensing, or other actions, that could result in increased costs because of the levy of taxes on Air Force concessionaires, contractors, or lessees Reasons given by the state political subdivision for annexing government land and whether any opposition to the annexation proposal has been expressed by other political subdivisions The base commander s recommendation on the proposed annexation Where time is of the essence and to make sure that the government interests in the annexation are not forfeited, the base or installation commander may ask for an extension of time before the annexation becomes effective to allow the Secretary to comment on its affect on the Air Force installation. This may be done by letter, by personal appearance at the proceedings, or as otherwise stipulated by state law or local ordinances, subject to amendment, explanation, or withdrawal, after the Air Force has had time to review the facts and establish its final position Restrictions on Use of Funds for Land Acquisitions Nonappropriated Funds. Nonappropriated funds generally cannot be used to acquire a fee title to real property in the name of the nonappropriated fund activity or the government. EXCEPTION: Purchase of privately owned buildings already located on government property. Get advance approval of HQ USAF governing Board of Directors or Chief of the respective central nonappropriated fund activity (Air Force Welfare Board, Army and Air Force Exchange Service (AAFES); or the Army and Air Force Civilian Welfare fund), and the Secretary of the Air Force for any exception to this policy Use nonappropriated funds for constructing, altering, converting, or improving structures on government-leased or government-owned land as outlined in AFI , Planning and Programming Nonappropriated Fund Facility Construction Projects.. Use non- appropriated funds according to current established funding policy and guidance provided by HQ USAF/ILEP. Do not use funds from the resources of the AAFES without approval of the Board of Directors or the Commander, AAFES. Do not use commissary surcharge funds without approval of the Board of Directors, Air Force Commissary Service Parking Space for Privately Owned Vehicles of Military and Civilian Personnel It is not Air Force policy to acquire parking spaces by lease, except where such property is an integral part of a military installation. This is because these facilities are an expense that should be borne by the persons using the space rather than the government and use is in direct competition with private enterprise. Send requests for exceptions to this policy to AFREA/DR for consideration. Examples are if parking is required for the following: Civilian volunteer workers Handicapped personnel Parking official vehicles with government tags Visitor parking Local zoning ordinances prohibit establishing commercial parking lots Assigned personnel will incur substantial hardship AAFES. Do not use appropriated funds for leasing real property required for activities of the AAFES in the United States. See Title 10 United States Code, Section. 9779(b). For AAFES in foreign countries, see paragraph Advance Rental Payments. Advance rental payments under leasehold interests are generally prohibited. An exception is in foreign countries as noted in paragraph The primary purpose is to prevent the possibility of loss to the government in case a recipient fails to perform or fails to refund

18 18 AFH MAY 1999 monies advanced. However, there are instances where state codes or statutes require payment of rental in advance as a condition for the lease of state-owned land. Therefore, due to the established responsibility of state governments that reduce to a minimum the possibility of loss to the United States, advance rental payments to states may be authorized, provided circumstances warrant. Send these type requests to AFREA/DR for approval Approving and Executing Real Property Instruments. The Secretary of the Air Force may authorize real property acquisition after Congressional clearance. The Secretary of the Air Force may designate a representative, such as the Army District Engineer, to negotiate, execute acquisition or other real estate use instruments. Otherwise, real estate instruments are approved and executed according to delegated authorities authorized by SAFO. Send the instruments to AFREA/DR for execution by the Secretary of the Air Force or a designated representative Services of the Corps of Engineers. The Air Force uses the Office of the Chief of Engineers (HQ USACE) for acquiring all real property for Air Force use unless Air Force selects another real estate agent. HQ USACE provides services, as required, such as negotiations with property owners, and prepares, records and distributes legal instruments, and serves as the office of record. See AFI , Army and Air Force Basic Real Estate Agreements. Air Force officials of MAJCOMs, intermediate commands and base or installation engineers may contact Division and District Engineers if the authority has been delegated Acquisitions That Require Advance Approval. See AFI for delegations of authority and types of acquisitions that require advance approval. Requests must include the following information: For fee acquisition include: Location, size, value or cost factors Real property interest to be acquired Effects of severance Mineral and other interests Short and long-term effect on the local economy Environmental analysis if required. See AFR , The Environmental Impact Analysis Process Clean Air Act Conformity determination Environmental Baseline Survey (EBS) Planned use that supports the acquisition Unfavorable factors and any other pertinent data that affect the acquisition Include a real estate planning report (REPR) for all fee acquisition property. This REPR must: Be prepared by a qualified appraiser Include engineering and cost data Include location maps and all information needed to fully understand and support the acquisition Include a statement on additional real property requirements and the estimated cost if the proposed acquisition represents only a part of total program needs Include a description and an estimate of the fair market value of real property currently held that becomes excess as a result of the proposed acquisition For a lease acquisition, include: Short and long-term effects on the local economy.