32 C.F.R. § 644.23 Real Estate Planning Documents.
Title 32 - National Defense
(a) Real Estate Planning Reports. (1) A Real Estate Planning Report (REPR), as shown in Figure 2–1 in ER 405–1–12, will be prepared by the Division or District Engineer for all major fee and easement projects other than Reserve Component projects and extinguishment of grazing privileges on Federal lands. The request for such REPR may be initiated by any command or echelon of the Army or Air Force (or by the Washington Headquarters or field operations offices of DOE for a Real Estate Design Memorandum). Certain items contained in Figure 2–1 (ER 405–1–12) relate only to Department of the Air Force land acquisition programs for runways and approach zones and are not applicable to other projects. Such items will be omitted from REPRs where not applicable. When forwarding the REPR, a copy of the Reviewing Appraiser Comment, concerning the estimated land values assigned therein, should be included as an inclosure to the transmittal letter. (2) On Department of the Air Force projects where estimated cost is not in excess of $25,000, brief REPRs are to be prepared for issuance of directives by the approprate Air Force Regional Civil Engineer (AFRCE). Such reports need not be submitted to the Chief of Engineers except in those cases in which the major command submits a copy to Headquarters, USAF. This report should contain adequate information on the items listed in the following outline but need not be limited thereto: (i) Requirement for the property. (ii) Cost estimate of the property with indication of the method used in arriving at the estimate. (iii) Summary sheet showing the acreages, interests to be acquired, improvements and estimated costs, including the administrative costs of acquiring the real property and all costs in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91–646). (iv) Map showing property to be acquired, ownerships, and relation to existing installation, where appropriate. (v) In reports covering the acquisition of runway clearance easements, a profile, topographic, and obstruction drawing should be furnished. (vi) Discussions of any peculiar or unusual problems anticipated in connection with the proposed acquisition including relocation assistance required by Pub. L. 91–646. (vii) Recommendations of the office preparing the report. (b) Planning Documents for Reserve Component Acquisitions. Figure 2–2 in ER 405–1–12 is a sample of an REPR for use in acquisition of land for the U.S. Army Reserve Program. This report omits some items which appear in the usual planning report but includes other items particularly applicable to U.S. Army Reserve sites. (1) Real Estate Planning Report. The REPR for Reserve Component acquisitions should contain the following: (i) A list of all sites inspected with reasons for rejection of the other sites. (ii) Description of physical characteristics of the site. (iii) Type and extent of grading and drainage required. (iv) Soil and foundation conditions with classification of overburden materials (to be determined by test borings only if conditions indicate this necessity). (v) Availability of adequate access, water supply, electricity, gas for space heating, sewage disposal, drainage conditions, and telephone services. Where it is necessary to construct or extend streets, water, sewer, or other utility facilities to serve the selected site, a written commitment will be obtained from the municipal authorities assuring the United States that the municipality will perform such work without cost to the United States, or indicating the proportionate share of the costs the municipality will bear. This commitment will be made a part of the REPR. (vi) Cost estimates of supporting facilities and any unusual building foundations, itemized to the degree practicable to indicate items, quantities, sizes, unit prices and totals. (vii) A preliminary site plan, showing existing conditions and proposed layout, to insure adequacy of the site for its intended ultimate use. (viii) A formal legal commitment in the form of a resolution or other instrument authorizing a long-term, nominal-rental lease or a donation, together with a reference to the authority to grant the lease or make the donation, in instances where land is owned by a State, county, city or other political subdivision. (ix) A draft of the proposed lease in terms acceptable to the lessor, taking into consideration the requirements in DOD Directive 4165.16. (2) Agreements for Joint National Guard-Army Reserve Center. Title 10, U.S.C., 2231 through 2238, DOD Directives 1225.2 and 1225.5, and AR 140–478 contain policy and directions for the establishment of this type of training facility. The Division or District Engineer will participate in negotiation of the joint-use agreement and preparation of the necessary instruments, in coordination with local Army Reserve and National Guard representatives. A copy of the agreement so negotiated will be attached to each copy of the REPR prior to its distribution for review. DOD Directive 1225.2 provides in part: “The agreement shall remain in full force and effect for the fixed term of years which represents the estimated useful life of the facility.” This provision has generally been interpreted as fixing the use term at 25 years, although the probably useful life of a well-maintained armory type structure is much longer. The DOD provision states a minimum requirement; however, it does not preclude the Army from securing a longer period of use. In order to secure a use term more commensurate with the Government investment, joint-use agreements, at a minimum, will be set up on a 25-year basis, with the option on the part of the Government to renew for an additional 25-year period under the same terms and conditions. (3) Real Estate Summary. Considerable time, effort and funds can be saved if REPRs are foregone in those cases involving acquisition of property for U.S. Army Reserve and Army National Guard use by transfer from another military department or the General Services Administration. The Real Estate document in support of such proposed acquisitions will be a Real Estate Summary which will contain the following elements only: (i) Authority for request. (ii) Acreage and estate. (iii) Estimated gross fair market value. (iv) Map. (v) Excess status of land. (vi) Description of improvements (including building numbers and square feet). (vii) Justification for use of the property as provided by the Command. Proposed construction (if any) should be included. (viii) Engineering Feasibility Study (if construction is planned). (ix) Draft Acquisition Report is required for clearance under title 10 U.S.C. 2662 if estimated gross fair market value is over $50,000 for acquisition by transfer from another military department. (c) Lease Planning Reports. Reference is made to AR 405–10 and AFR 87–1, concerning requests for leasehold acquisitions. A Lease Planning Report will be submitted upon request of the Chief of Engineers or the using service. Figure 2–3 in ER 405–1–12 is a sample of a Lease Planning Report. (d) Grazing Land Reports. (1) When Federal grazing lands are a part of a project and it is proposed to cancel, or to prevent the use of, grazing privileges thereon, under authority contained in the Act of Congress approved July 9, 1942, as amended (43 U.S.C. 315q), the REPR will be utilized with appropriate changes. The report will disclose each of the ranch units comprising grazing privileges, indicating, in tabulated form, the name of each operator, acreage owned in fee, acreage of State-owned land held under lease, acreage of railroad land held under lease, acreage of other privately owned land held under lease, acreage under Federal grazing permits or licenses, total acreage in ranch unit, total carrying capacity of ranch unit, and actual number of stock being carried on each ranch unit; whether project will be classified as a permanent or temporary installation; other acquisition problems, such as mining and water rights or claims, which may be encountered; and a project map indicating project boundaries, Federal and State-owned lands, and location of mining and water rights or claims. (2) The cost estimate will be prepared in accordance with subpart B. (e) Distribution and approval of planning reports—(1) Army projects. Upon completion of a fee and/or easement planning report or a Lease Planning Report, the report will be processed as outlined in AR 405–10. Information will be included in the transmittal letter concerning status of environmental assessment or impact statement. (2) Air Force projects. (i) Upon the completion, review and approval of a fee and/or easement planning report, the District Engineer will forward copies of the planning report to the Division Engineer who will forward the original and one copy with appropriate recommendations to HQDA (DAEN-REA-L) WASH DC 20314. Simultaneously with this action, the Division Engineer will furnish the Major Air Command with six copies of the planning report for review, approval, and subsequent transmittal to Headquarters, USAF. (ii) After preparation, review and approval, the District Engineer will submit the Lease Planning Report, wherein the estimated annual rental is in excess of $25,000, to the Division Engineer. Upon review and approval, the Division Engineer will forward the original and a copy, with appropriate recommendations, to DAEN-REA-L. Simultaneously with this action, the Division Engineer will furnish the Major Air Command with two copies of the report. The Chief of Engineers will review the report and forward the original to Headquarters, USAF, with appropriate recommendations. (3) DOE projects. Upon completion of a fee and/or easement real estate design memorandum and review and approval by the District Engineer and, in turn, the Division Engineer, a copy of the report will be submitted to the appropriate DOE office for review and approval. When notice of approval is received, the District Engineer will transmit, through the Division Engineer, the original and two copies of the REDM, with recommendations, and evidence of approval by the DOE field office, to HQDA (DAEN-REA-P) WASH DC 20314. Upon review and approval, the Chief of Engineers will transmit the original and one copy of the REDM to Headquarters, DOE, for approval and further action.
Title 32: National Defense
PART 644—REAL ESTATE HANDBOOK
Subpart A—Project Planning
Military (Army and Air Force) and Other Federal Agencies
§ 644.23 Real Estate Planning Documents.
