AIR FORCE AF I32-9003-1997 GRANTING TEMPORARY USE OF AIR FORCE REAL PROPERTY《空军不动产的临时授权使用》.pdf

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1、3535789 07b2Li02 7bV .- BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 32-9003 19 AUGUST 1997 Civil Engineering GRANTING TEMPORARY USE OF AIR FORCE REAL PROPERTY COMPLIANCE WITH THIS PUBLICATION IS MANDATORY OPR: AFREA/MI (Julia A. Talbott) Supersedes AFI 32-9003,22 July 1994. Cert

2、ified by: SAFMI (A. R. Jonkers) Pages: 38 Distribution: F This instruction implements Air Force Policy Directive (AFPD) 32-90, DoD Directive 1000.10, 1000.1 1, 4165.6, 5160.63, and 6050-8; and DoD Instructions 1000-12 and 1000.15. It explains procedures and names those responsible for granting tempo

3、rary use of real property owned and controlled by the Air Force worldwide. It does not apply to industrial real property. For definitions of terms used in the instruction, see Attachment 1. SUMMARY OF REVISIONS This interim change (IC) 97-1 provides guidance for MAJCOM responsibilities and revises t

4、he dollar amount for leases and licenses; adds launch services for commercial space launch activities guidance; revises the utility company contacts; revises the outgranting of non-DoD owned hazardous or toxic mate- rials; revises the flood plains and flood hazards and wetlands instructions; revises

5、 AICUZ instructions; revises the outgrants to private organizations overseas instructions; revises the deposit of money instruc- tions; revises the outgranting of grazing and crop land lease instructions; revises the hazardous wastes and materials instructions; adds a permit format instruction; revi

6、ses cable television service instructions; adds instructions for commercial antennas; revises Chapter 6 on banks and credit unions. A (0 indicates revi- sions from previous edition. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,- m 3535789 0762403 b

7、TO Chapter 1 GENERAL PROCEDURES AND RESPONSIBILITIES 1.1. Granting Temporary Use of Air Force Real Property. The installation commander can grant temporary use of Air Force real property to others if The Air Force is not using the property or does not need it for military purposes now. Such use does

8、 not interfere with the mission. Use does not cost the Air Force much money. Use is compatible with Air Force needs, security, and safety. 1.2. Utilities and Other Services. See AFI 32- 106 1, Providing Utilities to USAF Installations, to deter- mine when utilities and other services are supplied wi

9、th reimbursement or without reimbursement. 1.2.1. Charging Users Fair Market Value. Installation commanders and MAJCOMs must charge users who do not directly support the installation mission the appraised fair market rental . EXCEP- TIONS: waive charges for: An outgrant in connection with a Federal-

10、aid highway project or a defense access road. Users who provide demonstrable benefits to the Government. Buildings with administrative costs equal to or exceeding the charge. Licenses to a nonprofit, educational, civic, or charitable organization. 1.2.2. Responsibility for Maintenance and Repair. In

11、stallation commanders and MAJCOMs must require users to pay rent or reimburse the Air Force for services it provides, such as maintenance and repair (M the Age Discrimination Act of 1975 (42 U.S.C. 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); and the Department of Defense Direc

12、tive 5500.1 1,27 May 1971, as amended (32 CFR pt 300) be met.“ 10 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-= 3535789 0762432 b03 Chapter 2 LEASES 2.1. Air Force Leasing Objectives. Installation commanders and MAJCOMs may lease nonutilized or u

13、nderutilized Air Force land to any legitimate non-Federal user for: Promoting the national defense, national or local economy, or serving the public interest. Non-Federal use that is compatible with the installations mission. Caring for and protecting Air Force real property with a minimum expense.

14、Saving O Interservice, Interdepartmental, and In t e rag en cy Support Agreements. These agreements document the use of Air Force real property and reimburse- ment for utilities and services. Both a permit and an interservice support agreement (ISSA) are needed. Attach AF Form 3554 to the Interservi

15、ce Support Agreement (See AFI 32-1061). 18 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-3535789 0762420 78T 3.6.2.1. Issue a permit when renewing the Host-Tenant agreement or ISSA to provide REMO with a record of third-party use of installation fa

16、cilities. See AFPD 25-2, Support Agreements, and DoDI 400.19 for more information. 3.6.3. Setting Rental Value for Permits. When an Air Force building or installation facility becomes available for other non-DoD agencies use, issue a permit and ask a professional appraiser to establish a fair market

17、 rent. (No appraisal is needed if use is free.) Rent may be waived if mission support services equal or exceed the charges. 3.6.4. Term. Limit permits to the actual time needed for the proposed use, not more than 5 years without SAF/MII approval. Permits may be given to the Department of Education f

18、or a term no longer than 25 years to build schools. 3.6.5. Hazardous Wastes and Materials. The installation commander may permit the use of Air Force real property by other Federal Government agencies, DoD agencies, and other military depart- ments for storing, or disposing of hazardous materials or

19、 waste in accordance with paragraph 1.20 of this AFI. 3.6.5.1. The permit must state that the permittee leave all Air Force real property decontaminated or repay the Air Force for all work needed to decontaminate Air Force real property. 3.6.5.2. The permittee meets all Air Force, Federal, state, an

20、d local environmental protection pol- icies, laws, and regulations, and gives the Air Force copies of all its operating logs when each per- mit period ends. 3.6.5.3. The permittee must have the appropriate environmental regulatory authorities confirm that the Air Force real property needs no further

21、 cleanup or agree on specific remedial measures. This prevents disagreement over repaying the Air Force the administrative costs of negotiations with regulatory authorities. 3.6.6. National Guard Controlled Air Force Real Property. Permits given to other military departments to use Air Force real pr

22、operty that the Air National Guard (ANG) controls or manages at a public airport include additional conditions in attachment 2. 3.6.6.1. Execute an interservice support agreement (satisfying the host) simultaneously with the permit. Includes customary repayment costs for mission support the host pro

23、vides. 3.6.6.2. The ANG installation commander is the manager responsible for operating support and military use of the public airfield. 3.6.6.3. The installation commander controls permitted real property. 3.6.6.4. The permittee observes installation rules, regulations, and directives for the insta

24、llations operation. 3.6.6.5. The permittees unit commander coordinates with the installation commander to carry out all activities that may affect installation management and operation. 3.6.7. Labor Unions 3.6.7.1. A labor union with exclusive recognition is entitled to negotiate with local installa

25、tion management officials for the use of office space, utilities, and services, including scope and cost. (Exclusive recognition - only union allowed to represent employees on the installation). 19 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-3535

26、789 0762423 636 = 3.6.7.2. The REMO issues a free license for installation space a labor union uses, and records the license in the real property records. The REMO must complete these tasks, regardless of other approval instruments or the installation commanders verbal or written approval. 3.6.8. Hi

27、gh Speed Vehicle Operations. AFREA/MI approves all requests to license high- speed vehicle operations to use Air Force land. Operations such as those undertaken to set land speed records create many unique safety, security, and mission impact situations. 3.6.8.1. The MAJCOMs recommendation must acco

28、mpany each request. The request must reach AFREAMI at least 60 days before the requested use date. 3.7. Permit Format. For permits to other federal entities whether DoD or non-DoD, use the form at Attachment 3. Generally, changes should not be made to the form except to deal with local matters pecu-

29、 liar to the installation and not already addressed in the permit. Since the Air Force wishes to have uniform treatment of its federal entity tenants, installations should refrain from offering to change the permit form to provide a “better deal” to the tenant. Changes made locally should be clearly

30、 noted when the permit is sent to AFREA/DR for approval. 20 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Chapter 4 OUTGRANTING EASEMENTS 4.1. Granting Easements. Installation commanders may grant easements to utility companies that also provide co

31、mmercial service to the public. Consider restrictions such as height in AICUZ areas. Do not transfer or assign easements without AFREA/MI approval. 4.1.1. A company that provides utilities for the installation8 use only needs no easements. 4.1.2. Keep records and installation utility maps to identif

32、y and document the location, the owner, and the provider. 4.2. Statutory Authority to Outgrant Easements. The following statutes permit the Air Force to out- grant easements: Gas, Water, and Sewer Pipelines - 10 U.S.C. 2669. Roads, Streets and Railroad Tracks - 10 U.S.C. 2668. Oil Pipelines, Natural

33、 Gas Pipelines, Synthetic Liquid or Gaseous Fuels Pipelines - 30 U.S.C. 185. Rights-of-way or Other Purposes and the Relinquishment of Legislative Jurisdiction - 40 U.S.C. 319. 4.3. Consideration. Issue the easement without charge if the grantee is a state or local government, a nonprofit corporatio

34、n, or an association such as a Rural Electrification Administration Association financed corporation, or when the outgrant primarily benefits the Government or serves the public inter- est. In other cases, charge fair market value. 4.4. Term. Easements to public utilities, private persons, or to any

35、 grantee for commercial purposes may not exceed 25 years, regardless of the term authorized in the applicable statute. Give perpetual easements to state and local governments for constructing public roads, streets, and area drainage projects. 4.5. Power Lines and Communications Facilities. 4.5.1. Ri

36、ghts-of-way Width. The installation communications officer and the installation or MAJ- COM engineering and environmental planning functions review requests for rights-of-way for power lines and communications facilities. Make sure that rights-of-way are consistent with the grantees needs and are no

37、t more than 200 feet from either side of the center line. 4.6. Gas, Water, and Sewer Pipelines. 4.6.1. Widths of Rights-of-way. The width of the right-of way is not limited; however, only include the land needed for the outgrant. 4.7. Roads, Streets, and Railroad Tracks. 4.7.1. Width of Easement. Th

38、e width of the right-of- way is not limited; however, only include the land needed for the outgrant. 21 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-= 3515789 07b2423 499 In the granting clause of an easement for a road right-of-way across an Air

39、Force installation, include the statement: “The Secretary of the Air Force has found that granting this easement is not against the public interest.“ 4.8. Oil Pipelines, Natural Gas Pipelines, Synthetic Liquid, or Gaseous Fuels Pipelines. 4.8.1. Easement Width. Limit easement width to 50 feet plus t

40、he ground the pipeline occupies. Include only the land needed for the outgrant. Include other provisions the statute requires in the easement outgrant. 4.9. Easements for Rights-of-way or Other Purposes and Giving Up Legisla tive Jurisdiction. The purpose for which an easement may be granted is not

41、limited; however, do not use this statute for a pur- pose another easement statute specifically authorizes. 4.9.1. Easement Width. The width of easements granted under this authority is not limited; how- ever, do not include more installation land than needed for the outgrant. Include this statement

42、 in the granting clause of easements: “The Secretary of the Air Force has deter- mined that granting this easement is not be adverse to the United States interests.“ 4.9.2. Relinquishment of Legislation Jurisdiction . Give up jurisdiction according to the states laws. Consult the local United States

43、 Attorney and the General Litigation and Legal Advice Section, Criminal Division, Department of Justice, before acting to cede Federal legislative jurisdiction. 4.10. Consent Agreements. If the Air Force interest in the land is an easement rather than fee title, and the owner of the fee or a third-p

44、arty wants to enter the Governments easement area, the Government may grant permission in a consent agreement. 4.10.1. Make a consent agreement with a third-party who wants to cross a Government right-of-way or a restricted easement area. Do not charge for a consent agreement; it grants no land inte

45、rest. Only the underlying landowner can grant this request. Make sure the third-party has acquired a land use outgrant from the fee owner before making a consent agreement. 4.10.2. If crossing or construction is difficult because of Government use of its right-of-way, the party pays for relocating a

46、nd acquiring a new right-of-way. Avoid using appropriated funds for relo- cation that benefits others. 4.10.3. Avoid reimbursements. They must be paid to miscellaneous receipts of the US Treasury rather than an Air Force account. 4.10.4. Only the office that approved the right-of-way easement may ap

47、prove consent agreements. 4.11. Repair and Restoration . Those granted easement must repair and restore any damage done to Government property and improvements during construction and maintenance of the right-of-way. They must also relocate or replace buildings and other facilities that the easement

48、 made useless or less useful. Limits for restoration are: Relocation does not substantially change design characteristics. Replacement facilities must be of the same category, construction, size, and capacity as those replaced. 22 Provided by IHSNot for ResaleNo reproduction or networking permitted

49、without license from IHS-,-,-Relocate and replace only those facilities the military still needs. Relocation, replacement, and repairs includes appropriate site restoration. Repair needs must not exceed restoration of damage incurred. 4.12. Removal of Improvements. When a right-of-way proposal includes removing or destroying real property improvements the military no longer needs, dispose of them as excess real property according to AFI 3