SUBCHAPTER D—MILITARY RESERVATIONS AND NATIONAL CEMETERIES

PART 552—REGULATIONS AFFECT- 552.68 Minimum requirements for agents. 552.69 Application by companies to solicit ING MILITARY RESERVATIONS on military installations in the United States, its territories, or the Common- Subpart A [Reserved] wealth of Puerto Rico. 552.70 Applications by companies to solicit Subpart B—Post Commander on installations in foreign countries. 552.71 Associations—general. Sec. 552.72 Use of the allotment of pay system. 552.18 Administration. 552.73 Minimum requirements for auto- 552.19 Hunting and fishing permits. mobile insurance policies. 552.74 Grounds for suspension. Subpart C—Entry Regulations for Certain 552.75 Factors in suspending solicitation Army Training Areas in Hawaii privileges. 552.76 Preliminary investigation. 552.25 Entry regulations for certain Army 552.77 Suspension approval. training areas in Hawaii. 552.78 ‘‘Show cause’’ hearing. 552.79 Suspension action. Subpart D—Acquisition of Real Estate and 552.80 Suspension period. Interest Therein 552.81 Agents or companies with suspended 552.30 Purpose. solicitation privileges. 552.31 Definitions. 552.82 Exercise of ‘‘off limits’’ authority. 552.32 Authority to acquire real estate and 552.83 Standards of fairness. interests therein. 552.33 Estates and methods of acquisition. Subpart F—Fort Lewis Land Use Policy 552.34 Policies relative to new acquisition. 552.84 Purpose. 552.35 Rights-of-entry for survey and explo- 552.85 Applicability. ration. 552.86 References. 552.36 Rights-of-entry for construction. 552.87 General. 552.37 Acquisition by Chief of Engineers. 552.88 Responsibilities. 552.38 Acquisition of maneuver agreements 552.89 Activities. for Army commanders. 552.90 Permit office. 552.39 Acquisition of short-term leases by 552.91 Individual permit procedures. local commanding officers. 552.92 Group permit procedures. 552.93 Permit deadline and duration. Subpart E—Solicitation on Military 552.94 Area access procedures. Reservations 552.95 Compatible use. 552.96 Violations. 552.50 Purpose. 552.97 Communications. 552.51 Applicability. 552.52 Explanation of terms. Subpart G—Firearms and Weapons 552.53 Regulatory requirements. 552.54 Solicitation. 552.98 Purpose. 552.55 Restrictions. 552.99 Applicability. 552.56 Licensing requirements. 552.100 Definitions. 552.57 Authorization to solicit. 552.101 Prohibitions. 552.58 Other transactions. 552.102 Requirements for possession and use. 552.59 Granting solicitation privileges. 552.103 Requirements for carrying and use. 552.60 Supervision of on-post commercial 552.104 Disposition of confiscated/seized activities. weapons. 552.61 Products and services offered in solic- itation. Subpart H—Regulation Controlling the Ac- 552.62 Advertising rules and educational cess to the Fort Lewis Main Canton- programs. ment Area and Prohibiting Certain 552.63 ‘‘Cooling off’’ period for door-to-door Conduct Upon Fort Lewis Military Res- sales. ervation 552.64 Sound insurance underwriting and programing. 552.105 Purpose. 552.65 Command supervision. 552.106 Applicability. 552.66 Actions required by agents. 552.107 References. 552.67 Life insurance policy content. 552.108 General. 552.109 Routine security controls. 168

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552.110 Requests for exception. 552.169 Yakima Training Center Area Ac- 552.111 Severability. cess Office. 552.170 Camp Bonneville Area Access Office. Subpart I—Physical Security of Arms, Am- 552.171 Compatible use. munition, and Explosives—Fort Lewis, 552.172 Violations. Washington APPENDIX A TO SUBPART M OF PART 552— DPCA RECREATIONAL AREAS IN TRAINING 552.112 Purpose. AREAS 552.113 References. APPENDIX B TO SUBPART M OF PART 552— 552.114 Violations. NON-PERMIT ACCESS ROUTES 552.115 Applicability. APPENDIX C TO SUBPART M OF PART 552—AU- 552.116 Privately owned weapons—security. THORIZED ACTIVITIES FOR MANEUVER 552.117 Disposition of Commander’s Letter TRAINING AREA ACCESS of Authorization. APPENDIX D TO SUBPART M OF PART 552—UN- 552.118 Issuance from unit arms room. AUTHORIZED ACTIVITIES IN MANEUVER 552.119 Registration and storage. TRAINING AREAS 552.120 Possession and control. APPENDIX E TO SUBPART M OF PART 552—REF- 552.121 Possession or retention of prohibited ERENCES weapons. APPENDIX F TO SUBPART M OF PART 552—AB- 552.122 Personnel not authorized to possess BREVIATIONS or retain personal weapons. 552.123 Storage of personal weapons other Subparts N–O [Reserved] than firearms or handguns. 552.124 Transportation of privately owned Subpart P—Protests, Picketing, and Other weapons and ammunition. Similar Demonstrations on the Installa- 552.125 Disposition of confiscated weapons. tion of Aberdeen Proving Ground, Maryland Subpart J—Control of Firearms, Ammuni- tion and Other Dangerous Weapons 552.211 Purpose. on Fort Gordon 552.212 Scope. 552.213 Policy. 552.126 Definitions. 552.214 Procedures. 552.127 Prohibitions. 552.215 Responsibilities. 552.128 Requirements for possession and use. 552.216 Violations. 552.129 Requirements for carrying and use. APPENDIX A TO PART 552—DPCA REC- 552.130 Disposition of confiscated/seized REATIONAL AREAS IN TRAINING AREAS weapons. APPENDIX B TO PART 552—NON-PERMIT AC- CESS ROUTES Subpart K [Reserved] APPENDIX C TO PART 552—AUTHORIZED AC- TIVITIES FOR FORT LEWIS MANEUVER AREA Subpart L—Prohibited Personnel Practices ACCESS on the Installation of Fort Jackson, APPENDIX D TO PART 552—UNATHORIZED AC- South Carolina TIVITIES IN FORT LEWIS MANEUVER AREAS 552.150 Purpose. AUTHORITY: 5 U.S.C. 301; 10 U.S.C. 3012, 15 552.151 Scope. U.S.C. 1601; 18 U.S.C. 1382; 31 U.S.C. 71; 40 552.152 Prohibited practices. U.S.C. 258a; 41 U.S.C. 14; 50 U.S.C. 797. 552.153 Dissemination. APPENDIX A TO SUBPART L OF PART 552—PAR- Subpart A [Reserved] TIAL LIST OF OTHER PUBLICATIONS APPLI- CABLE ON FORT JACKSON WHICH LIST PRO- Subpart B—Post Commander HIBITED PRACTICES § 552.18 Administration. Subpart M—Land Use Policy for Fort Lewis, Yakima Training Center, and Camp (a) Purpose. This section outlines the Bonneville duties and prescribes the general au- thority and general responsibilities of 552.160 Purpose. an installation commander. 552.161 References. (b) Applicability. The regulations in 552.162 Abbreviations. this section are applicable to installa- 552.163 Applicability. tions in the United States, and where 552.164 General. 552.165 Responsibilities. appropriate, to oversea installations. 552.166 Recreational use. Oversea commanders should consult 552.167 Activities. with the appropriate judge advocate to 552.168 Fort Lewis Area Access Office. determine to what extent the provi- sions of treaties or agreements, or the 169

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provisions of local law may make inap- tary personnel, employees, and visi- plicable, in whole, or in part, the provi- tors), and their possessions (including sions of these regulations. vehicles) when entering, during their (c) General. The installation com- stay, or when leaving facilities for mander is responsible for the efficient which the Army has responsibility. and economical operation, administra- These searches are authorized when tion, service, and supply of all individ- based on probable cause that an offense uals, units, and activities assigned to has been committed or on military ne- or under the jurisdiction of the instal- cessity. Instructions of commanders re- lation unless specifically exempted by garding searches should be specific and higher authority. Activities will be complete. When the person to be designated as ‘‘attached activities’’ searched is a commissioned officer, or only when specifically designated by a warrant officer, the search should be higher authority. The installation conducted in private by or under the commander will furnish base operation supervision of a commissioned officer, support to all Army tenant activities unless such is precluded by the exigen- except when the Department of the cies of the situation. When the person Army has given approval for the tenant to be searched is a noncommissioned to perform base operation functions. officer, the search should be conducted Reimbursement for such support will in private by or under the supervision be in accordance with applicable regu- of a person of at least equal grade, un- lations. less such is precluded by the exigencies (d) Motor vehicle and traffic regula- of the situation. If the situation pre- tions. See AR 190–5, Motor Vehicle Traf- cludes search by or under the super- fic Supervision; AR 190–5–1, Registra- vision of an officer (or noncommis- tion of Privately Owned Motor Vehi- sioned officer, as appropriate), the per- cles; AR 190–29, Minor Offenses and Uniform Violation Notices—Referred son conducting the search will notify a to US District Courts; AR 210–4, Car- responsible commissioned officer (or pooling and Parking Controls; AR 230– noncommissioned officer, as appro- 14, Registration and Licensing of Non- priate), as soon as possible. Persons appropriated Fund Owned Vehicles; AR who are entering the installation 385–55, Prevention of Motor Vehicle Ac- should not be searched over their ob- cidents; and AR 600–55, Motor Vehicle jection, but they may be denied the Driver-Selection, Testing, and Licens- right of entry if they refuse to consent ing. A copy of the above documents to the search. All persons entering fa- may be obtained by writing to Head- cilities should be advised in advance quarters, Department of the Army (by a prominently displayed sign, AR (DAAG-PAP-W), Washington, DC 20314. 420–70, (Buildings and Structures)), (e) Firearms. The installation com- that they are liable to search when en- mander will publish regulations on the tering the installation, while within registration of privately owned fire- the confines of the installation, or arms. See AR 608–4, Control and Reg- when leaving (AR 190–22, Search, Sei- istration of War Trophies and War Tro- zure and Disposition of Property). A phy Firearms. A copy of the above doc- copy of the above documents may be ument may be obtained by writing to obtained by writing to headquarters, Headquarters, Department of the Army Department of the Army (DAAG-PAP- (DAAG-PAP-W), Washington, DC 20314. W), Washington, DC 20314. (f) Entry, exit, and personal search. (2) The installation commander may The installation commander will estab- authorize and control hunting and fish- lish rules that govern the entry into ing on a military installation under in- and exit from the installation and the stallation rules in accordance with ap- search of persons and their possessions plicable Federal, State, and local laws as listed in paragraphs (f) (1), (2), and and Army regulations, and in harmony (3) of this section. with cooperative plans with appro- (1) The installation commander may priate State and Federal conservation direct authorized guard personnel, agencies (AR 420–74, Natural Re- while in the performance of assigned sources—Land, Forest, and Wildlife duty, to search persons (including mili- Management). To detect violations of

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these rules, special guards may be post- (g) Official Personnel Register. DA ed and authorized to search persons (or Form 647 (Personnel Register), is a possessions, including vehicles of indi- source document that will be used at viduals), based on military necessity. the lowest level of command having re- The installation commander may eject sponsibility for strength accounting. violators of game laws or post regula- The official register will be used for tions and prohibit their reentry under registering military personnel on ar- 18 U.S.C. 1382. Violations of State laws rival at or on departure from Army in- which apply to military reservations stallations on permanent change of according to the provisions of section station, leave, or temporary duty. DA 13, title 18, U.S.C. (Assimilative Crimes Form 647 may also be used for record- Acts), may be referred to the United ing passes, visitors, etc. Registration of States Magistrate in accordance with visists of less than 12 hours will be at AR 190–29, Minor Offenses and Uniform the discretion of the commander ex- Violation Notices—Referred to United cept that registrations will be required States District Courts. Reports of vio- when visits are at a place where United lations of game laws will be reported to States troops are on duty in connec- Federal or State authorities. An instal- tion with a civil disorder. lation commander may not require (h) Outside employment of DA Per- membership in a voluntary sundry fund sonnel. See paragraph 2–6, AR 600–50 activity as a prerequisite to hunting Standards of Conduct for Department and fishing on the installation. Ac- of the Army Personnel. A copy of this document may be obtained by writing counting for the collection and spend- to Headquarters, Department of the ing of fees for hunting and fishing per- Army (DAAG-PAP-W), Washington, DC mits is outlined in chapter 12, AR 37– 20314. 108, General Accounting and Reporting (i) Preference to blind persons in oper- for Finance and Accounting Offices. A ating vending stands. As used in para- copy of the above documents may be graphs (i) (1), (2), and (3) of this section, obtained by writing to Headquarters, the term ‘‘vending stand’’ includes Department of the Army (DAAG-PAP- shelters, counters, shelving, display W), Washington, DC 20314. and wall cases, refrigerating apparatus, (3) When the installation commander and other appropriate auxiliary equip- considers that the circumstances war- ment necessary for the vending of mer- rant its use, DA Form 1818 (Individual chandise. The term ‘‘vending machine’’ Property Pass), will be used to author- means any coin-operated machine that ize military and civilian personnel to automatically vends or delivers tan- carry Government or personal property gible personal property. onto an installation or to remove it (1) The installation commander will from an installation. give preference to blind persons when (4) Commanders will establish proce- granting permission to civilians to op- dures to ensure than when blind per- erate vending stands on installations sons are otherwise authorized to enter where stands may be operated properly military facilities, their accompanying and satisfactorily by blind persons li- seeing-eye or guide dogs will not be de- censed by a State agency. Legal au- nied entry. Such facilities include, but thority for such action is contained in are not limited to: Cafeterias, snack the Randolph-Sheppard Vending Stand bars, AAFES exchanges, retail food Act (20 U.S.C. 2–107 et seq.). Com- sales stores, medical treatment facili- manders will cooperate with the appro- ties, and recreational facilities. Seeing- priate State licensing agency in select- eye or guide dogs will remain in guid- ing the type, location, or relocation of ing harness or on leash and under con- vending stands to be operated by li- trol of their blind masters at all times censed blind persons, except that pref- while in the facility. For purposes of erence may be denied or revoked if the safety and to prevent possible agita- commander determines that— tion of military police working dogs, (i) Existing security measures rel- seeing-eye or guide dogs will not be al- ative to location of the vending stand lowed in or around working dog ken- or to the clearance of the blind oper- nels and facilities. ator cannot be followed.

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(ii) Vending stand standards relating ods of operation of the stand, or other to appearance, safety, sanitation, and terms of the permit (including articles efficient operation cannot be met. which may be sold), the State licensing (iii) For any other reasons which agency may appeal the disagreement, would adversely affect the interests of through channels, to the Secretary of the United States or would unduly in- the Army. Appeals will be filed by convenience the Department of the State licensing agencies with the in- Army. Issuance of such a permit will stallation commander who will con- not be denied because of loss of revenue duct a complete investigation and will caused by granting a rent-free permit give the State licensing agency an op- for operating a vending stand to a blind portunity to present information. The person. However, the permit will not be report of investigation with the appeal granted if in the opinion of the respon- will be forwarded through channels to sible commander such action would re- Headquarters, Department of the Army duce revenue below the point necessary (DAPE-ZA), Washington, DC 20310, as for maintaining an adequate morale soon as possible. A final decision by the and recreation program. The com- Secretary of the Army will be rendered mander should consider the fact that within 90 days of the filing of the ap- funds derived from certain non- peal to the installation commander. appropriated fund activities such as Notification of the decision on the ap- post exchanges, motion picture thea- peal and the action taken will be re- ters, and post restaurants are used to ported to the State licensing agency, supplement appropriated funds in con- the Department of Health, Education, ducting the morale and recreation pro- and Welfare, and the Department of gram. Defense (Manpower, Reserve Affairs, (2) The preference established in and Logistics). paragraph (i)(1) of this section will be (j) [Reserved] protected from the unfair or unreason- (k) Request from private sector union able competition of vending machines. representatives to enter installations. (1) No vending machine will be located When labor representatives request within reasonable proximity of a vend- permission to enter military installa- ing stand that is operated by a licensed tions on which private contractor em- blind person if the vending machine ployees are engaged in contract work vends articles of the same type sold at to conduct union business during work- the stand, unless local needs require ing hours in connection with the con- the placement of such a machine. If tract between the government and the such is the case, the operation of, and contractor by whom union members income from the machine, will be as- are employed, the installation com- sumed by the blind vending stand oper- mander may admit these representa- ator. tives, provided— (3) So far as is practicable, goods sold (i) The presence and activities of the at vending stands that are operated by labor representatives will not interfere the blind will consist of newspapers, with the progress of the contract work periodicals, confections, tobacco prod- involved; and ucts, articles that are dispensed auto- (ii) The entry of the representatives matically or are in containers or wrap- to the installation will not violate per- pings in which they were placed before tinent safety or security regulations. they were received by the vending (2) Labor representatives are not au- stand, and other suitable articles that thorized to engage in organizing activi- may be approved by the installation ties, collective bargaining discussions, commander for each vending stand lo- or other matters not directly con- cation. nected with the Government contract (4) If the commanders and State li- on military installations. However, the censing agencies fail to reach an agree- installation commander may authorize ment on the granting of a permit for a labor representatives to enter the in- vending stand, the revocation or modi- stallation to distribute organizational fication of a permit, the suitability of literature and authorization cards to the stand location, the assignment of employees of private contractors, pro- vending machine proceeds, the meth- vided such distribution does not—

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(i) Occur in working areas or during to Headquarters, Department of the working times; Army (DAAG-PAP-W), Washington, DC (ii) Interfere with contract perform- 20314. ance; (m) Observance of labor laws on mili- (iii) Interfere with the efficient oper- tary installations. (1) Installation and ation of the installation; or activity commanders will ensure that (iv) Violate pertinent safety or secu- all his/her employers on the installa- rity considerations. tion or activity are apprised of their (3) The determination as to who is an obligation to comply with Federal, appropriate labor representative should State, and local laws, including those be made by the installation com- relating to the employment of child mander after consulting with his/her labor. When an employer who is oper- labor counselor or judge advocate. ating on the installation or activity is Nothing in this regulation, however, responsible to an authority other than will be construed to prohibit private the installation or activity com- contractors’ employees from mander, the commander will direct distibuting organizational literature or that the authority’s representative ap- authorization cards on installation prise the employer of his/her obliga- property if such activity does not vio- tions regarding labor law. This applies late the conditions enumerated in to employers in all activities, includ- paragraph (k)(2) of this section. Busi- ing nonappropriated fund activities es- ness offices or desk space for labor or- tablished as Federal instrumentalities ganizations on the installation is not according to AR 230–1, Nonappropriated authorized to be provided for solicita- Fund System, concessionaires of such tion of membership among contractors’ activities, and other private employers. employees, collection of dues, or other A copy of the above document may be business of the labor organization not obtained by writing to Headquarters, directly connected with the contract Department of the Army (DAAG-PAP- work. The providing of office or desk W), Washington, DC 20314. space for a contractor is authorized for (2) Installation commander will co- routine functions by the working stew- operate fully with state or other gov- ard whose union duties are incidental ernmental officials who bring to their to his/her assigned job and connected attention complaints that children are directly with the contract work. employed on military installations or (4) Only the installation commander reservations under conditions that are or a contracting officer can deny entry detrimental to their health, safety, to a labor representative who seeks education, and well-being. permission to enter the installation in (n) Hitchhiking. Hitchhiking is pro- accordance with paragraph (k) of this hibited by the Army. This does not pre- section. If a labor representative is de- clude acceptance of offers of rides vol- nied entry for any reason, such denial untarily made by individuals or prop- will be reported to the Labor Advisor, erly accredited organizations nor does Office of the Assistant Secretary of the it preclude the use of properly author- Army (IL&FM), Washington, DC 20310. ized and established share-the-ride or This report will include the reasons for similar stations which may be sanc- denial, including— tioned by local military authorities. (5) The provisions of paragraphs (k), For personal safety, personnel should (1), (2), (3), and (4) of this section on or- exercise caution at facilities, for exam- ganizations representing private con- ple, by accepting rides only from per- tractors’ employees should be distin- sons they know or by traveling in guished from activities involving orga- groups. Similarly, drivers should use nization and representation of Federal discretion when offering rides to per- civilian employees. See CPR 711 for the sonnel at share-the-ride stations. Driv- functions, duties and obligations of an ers are prohibited from picking up installation commander regarding Fed- hitchhikers. eral civilian employee unions. (o) Employment of civilian food service (l) Publication of telephone directories. personnel. See AR 30–1, The Army Food See chapter 5, AR 105–23. A copy of this Service Program. A copy of this docu- document may be obtained by writing ment may be obtained by writing to

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Headquarters, Department of the Army (1) Makua Valley, Waianae, Oahu, (DAAG-PAP-W), Washington, DC 20314 Hawaii: That area reserved for military [44 FR 7948, Feb. 8, 1979, as amended at 45 FR use by Executive Order No. 11166 (para- 73037, Nov. 4, 1980] graph (c)(1) of this section). (2) Pohakuloa Training Area, Hawaii: § 552.19 Hunting and fishing permits. That area reserved for military use by All permits to hunt, catch, trap, or Executive Order No. 11167 (paragraph kill any kind of game animal, game or (c)(2) of this section). nongame bird, or to fish on a military (e) Procedures. (1) Except for soldiers reservation or the waters thereof will and Army civilians of the United be issued by the commanding officer. States in the performance of their du- ties, entry onto Army training areas [13 FR 6058, Oct. 15, 1948] described in paragraph (d) of this sec- tion for any purpose whatsoever with- Subpart C—Entry Regulations for out the advance consent of the Com- Certain Army Training Areas mander, United States Army Support in Hawaii Command, Hawaii, or his authorized representative, is prohibited (para- § 552.25 Entry regulations for certain graph (c)(3) and (c)(4) of this section). Army training areas in Hawaii. (2) Any person or group of persons de- (a) Purpose. (1) This regulation estab- siring the advance consent of the Com- lishes procedures governing the entry mander, United States Army Support onto certain Army training areas in Command, Hawaii, shall, in writing, Hawaii as defined in paragraph (d) of submit a request to the following ad- this section. dress: Commander, USASCH, ATTN: (2) These procedures have been estab- Chief of Staff, Fort Shafter, Hawaii lished to prevent the interruption of 96858–5000. the use of these Army training areas (3) Each request for entry will be con- by any person or persons. The contin- sidered on an individual basis weighing ued and uninterrupted use of these the operational and training commit- training areas by the military is vital ments of the area involved, security, in order to maintain and to improve and safety with the purpose, size of the combat readiness of the U.S. party, duration of visit, destination, Armed Forces. In addition, conditions and the military resources which would exist within these training areas which be required by the granting of the re- could be dangerous to any unauthor- quest. ized persons who enter these areas. (b) Applicability. The procedures out- (f) Violations. (1) Any person entering lined in this regulation apply to all in- or remaining upon any training area dividuals except for soldiers and Army described in paragraph (d) without the civilians of the United States who in advance consent of the Commander, performance of their official duties USASCH, or his authorized representa- enter the training areas defined in tive, shall be subject to the penalties paragraph (d) of this section. prescribed by paragraph (c)(3) of this (c) References. Related publications section, which provides in pertinent are listed below: part: ‘‘Whoever, within the jurisdiction (1) Executive Order No. 11166 of 15 Au- of the United States, goes upon any gust 1964. (3 CFR, 1964–1965 Comp., pp military, naval * * * reservation, post, 219–220). fort, arsenal, yard, station, or installa- (2) Executive Order No. 11167 of 15 tion, for any purpose prohibited by law August 1964. (3 CFR, 1964–1965 Comp., or lawful regulation * * * shall be fined pp 220–222). not more than $500.00 or imprisoned not (3) Title 18, United States Code, sec- more than 6 months or both.’’ tion 1382. (2) Moreover, any person who will- (4) Internal Security Act of 1950, sec- fully violates this regulation is subject tion 21 (50 U.S.C. 797). to a fine not to exceed $5,000.00 or im- (d) Definition. For the purpose of this prisonment for not more than 1 year or regulation, ‘‘certain Army training both as provided in paragraph (c)(4) of areas in Hawaii’’ are defined as follows: this section.

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(3) In addition, violation of this regu- etc., generally will be designated as an lation by persons subject to the Uni- installation where located separately, form Code of Military Justice (10 but where located contiguously or on U.S.C. 801–940) is a violation of Article the same reservation the combined 92 of the Uniform Code of Military Jus- property will usually be designated as tice. one installation and the separate func- tions will be designated as activities at [52 FR 44393, Nov. 19, 1987] that installation. As used in the regu- lations in §§ 552.30 to 552.39, the term Subpart D—Acquisition of Real ‘‘installation’’ will include installa- Estate and Interest Therein tions, subinstallations, and separate lo- cations housing an activity. SOURCE: 22 FR 9284, Nov. 21, 1957, unless (c) Subinstallation. A subinstallation otherwise noted. is real estate and the improvements thereon which is under the control of § 552.30 Purpose. the Department of the Army, at which The regulations in §§ 552.30 to 552.39 functions of the Department of the set forth the authority, policy, respon- Army are carried on, and which has sibility, and procedure for the acquisi- been assigned as a subinstallation by tion of real estate and interests there- Department of the Army authority. in, for use for military purposes by the Subinstallations are attached to instal- Department of the Army. The regula- lations for command and administra- tions of §§ 552.30 to 552.39 do not apply tive purposes, although they are lo- to Civil Works Projects which are cated separately. under the supervision of the Chief of (d) Activity. An activity is a function Engineers. or a group of related functions which may be carried on at an installation, a § 552.31 Definitions. subinstallation, or a separate location As used in §§ 552.30 to 552.39, the fol- which has not been designated as a De- lowing definitions apply: partment of the Army installation or (a) Real estate. Real estate includes subinstallation. lands and interests therein, leaseholds, (e) Command installation. A command standing timber, buildings, improve- installation is any installation of the ments, and appurtenances thereto Department of the Army, including owned by the United States and under nonmanufacturing arsenals, primarily the control of the Department of the used or useful for activities of the Army. It also includes piers, docks, Army other than for the production of warehouses, rights-of-way, and ease- materiel, munitions, or supplies. ments, whether temporary or perma- (f) Industrial installation. Any unit of nent, and improvements permanently real property under control of the De- attached to and ordinarily considered partment of the Army (including struc- real estate. It does not include machin- tures on land owned by or leased to the ery, equipment, or tools which have United States, substantially equipped not been affixed to or which have been with production utilities and mainte- severed or removed from any such nance machinery, tools, equipment, lands or buildings or may be so severed and including housing and other sup- or removed without destroying the use- porting facilities built as an integral fulness of the structures. part of the installation) designed for (b) Installation. An installation is real the production of equipment, supplies, estate and the improvements thereon or materials for military use; or for the which is under the control of the De- processing, production, or manufac- partment of the Army, at which func- turing of components of such items. tions of the Department of the Army (g) Lease. A lease is a conveyance of are carried on, and which has been es- an interest in real estate for a term of tablished by order of the Department years, revocable at will, or as other- of the Army. Real estate and the im- wise provided in the instrument in con- provements thereon utilized by posts, sideration of a return of rent. camps, airfields, hospitals, depots, ar- (h) License. A license is a bare au- senals, industrial facilities, cemeteries, thority to do a specified act or acts

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upon the land of the licensor without ernment-owned real estate, to distin- possessing or acquiring any estate guish it from a ‘‘license’’ relating to therein. non-Government-owned real estate. (i) Easement. An easement is a con- (g) Recapture of use of former Gov- veyance of an interest in real estate for ernment-owned real estate which was the purpose or purposes specified in the disposed of subject to a ‘‘National Se- grant. curity Clause,’’ a ‘‘National Emergency Clause,’’ or a similar provision will be § 552.32 Authority to acquire real es- by letter from the Chief of Engineers to tate and interests therein. the owner of the property, based upon a While the Federal Government has directive from the Secretary of the the inherent power to acquire land for Army or his designee. its constitutional purposes, this power (h) Revestment of title to former can be exercised only at the discretion Government-owned real estate which of Congress (Van Brocklin v. Ten- was disposed of subject to a reverter nessee, 117 U.S. 151; 29 L. Ed. 845; 6 S. provision, such as a ‘‘National Defense Ct. 670). No land shall be purchased on Purpose Clause’’ will be by letter to account of the United States, except the owner by the official of the depart- under a law authorizing such purchase ment designated in the conveyance by (R. S. 3736; 41 U.S.C. 14). No real estate the Government. not in Federal ownership shall be ac- (i) Procurement of options on real es- quired by a military department, ex- tate which is ‘‘suitable and likely to be cept as such acquisition is or shall be required’’ in connection with a mili- expressly authorized by law (section tary public works project, prior to ex- 501(b), Act July 27, 1954; Pub. L. 534, 83d press authorization by law for the ac- Congress; 68 Stat. 560). quisition of said real estate will be by § 552.33 Estates and methods of acqui- negotiation. sition. (j) Extinguishment of third party in- (a) Title to non-Government-owned terests in lands owned or controlled by real estate will be by purchase, con- the United States, such as outstanding demnation, donation (when the author- oil, gas, and other mineral rights; graz- ization act specifies donation), and ex- ing rights; timber rights; water rights; change (when the authorization act and easements for rights-of-way for specifies exchange). highways, railroads, power lines, com- (b) Easements in non-Government- munication lines, water lines, and owned real estate are the same as in sewer lines will be the same as pre- paragraph (a) of this section. scribed in paragraph (a) of this section. (c) Licenses in non-Government- Payment for extinguishment of grazing owned real estate are generally by do- rights or licenses on public domain or nation, although a nonrevocable li- other property owned by or under the cense might be acquired by purchase. control of the United States is made (d) Leaseholds in non-Government- pursuant to Act July 9, 1942; 56 Stat. owned real estate will be by negotia- 654; as amended by Act May 28, 1948; 62 tion or condemnation. Leaseholds may Stat. 277; and as further amended by give the Government exclusive use or Act October 29, 1949; 63 Stat. 996 (43 may give the Government co-use with U.S.C. 315q and r). the owner for specific purposes. (e) Jurisdiction over Government- § 552.34 Policies relative to new acqui- sition. owned real estate will be by transfer, reassignment, withdrawal, and reserva- (a) Present holdings inadequate for es- tion. sential mission. No request to acquire (f) Permits to use Government-owned real estate by transfer from Navy or real estate will be by instrument issued Air Force or from another Government by another Government department or agency, or by purchase, lease or con- agency. Although in the nature of a li- demnation will be considered or ap- cense (may be revocable or nonrev- proved unless it is established that: ocable), the instrument is designated (1) The activity to be accommodated as a ‘‘permit’’, since it relates to Gov- is essential to an assigned mission.

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(2) Real property under the control of required and the mobilization plans of the Army is inadequate to satisfy these the military departments concerned requirements. should be changed accordingly. (3) No real property under the control (d) Firm requirements and minimum ac- of the Navy or Air Force or other Fed- quisition. Requirements in each indi- eral agencies is suitable and available vidual case will be firmly determined for use by the Army on a permit or and only the minimum amount of prop- joint use basis. erty necessary will be acquired. (b) Order of priority for method of ac- (e) Factors considered insufficient jus- quisition. If the activity qualifies as es- tification for acquisition by lease. Desir- sential to an assigned mission but the ability of location in an urban area, re- need cannot be filled by the use of duced travel time for employees or other Army property or other Federal business representatives, nominal sav- property on a permit or joint use basis, ings in transportation costs, environ- the following alternatives will be con- mental considerations (such as noise or sidered in the order listed: traffic), or desirability of single unit (1) Donation or long-term nominal offices instead of split locations in rental lease. close proximity will not be considered (2) Transfer from Navy or Air Force. sufficient justification for acquiring Acquisition of lands excess to the re- leased space or facilities when Govern- quirements of other military depart- ment-owned property is available. For ments. exceptions, see paragraph (f) of this (3) Recapture of use. section. (4) Public Domain. Withdrawal from (f) Special location considerations. Ac- the public domain for military use. quisition of title or a leasehold interest (Pub. L. 85–337, Feb. 28, 1958 (72 Stat. 28) in real property may be justified where requires that an Act of Congress be ob- it is demonstrated that the function to tained to withdraw, reserve, or restrict be accommodated is an essential activ- for defense purposes more than 5,000 ity and the geographic location thereof acres of the public domain.) in other than Government-owned space (5) Acquisition by exchange. Exercise is vital to the accomplishment of the of existing authorities for the exchange assigned mission. Examples that may of Government-owned real property for fall in this group are recruiting sta- non-Government-owned real property tions (exclusive of kindred examining that is by type or location adaptable to and induction units), airbases, air de- the military need. fense sites, and sites for construction (6) Transfer from other Federal agen- of facilities for Reserve Components of cies. Acquisition of lands excess to the the Armed Forces. requirement of Federal agencies other (g) Army Reserve training sites. In gen- than military departments. eral, title to lands will not be acquired (7) Acquisition by purchase, lease or for exclusive use as training sites. condemnation. Training sites will be acquired by one (c) Current requirements given pref- of the following means in the order erence. In considering the use of Army listed: real property by another military de- (1) Use of lands under the control of partment, current requirements will, the Department of the Army regardless in the absence of unusual cir- of the agency maintaining jurisdiction, cumstances, be given preference over to include class II and industrial in- future needs and mobilization require- stallations and other Reserve Compo- ments. If the current requirement will nent facilities, see title 10 U.S.C. 2331 not continue through mobilization, and 2237. care must be exercised to avoid modi- (2) Use of reservoir lands of Civil fication of the property in a manner Works Projects. By informal agree- that would prevent its timely return to ment with the Resident Engineer or the holding department to meet the Manager (when training activities do mobilization requirement. If it is con- not involve exclusive use, construction, templated that the current require- or destruction of vegetation) or by per- ment will continue through mobiliza- mit from the District Engineer (for tion, the property may be modified as other activities when such activities

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are compatible with the operation and (1) Restrictions relating to Agency maintenance of the project and will not Budget Estimates and Presidential Budget endanger the use by the general public Recommendations. Bureau of the Budget of public access areas). Circular No. A–10, as revised, places re- (3) Use of lands, by permit or other- strictions on disclosure of Agency wise, under the control of the other Budget Estimates and Presidential military departments. Budget Recommendations. It provides (4) Use of lands by permit of other that budget recommendations and esti- Government-owned land, including the mates are administratively confiden- public domain. tial until made public through formal (5) Use by license or nominal rental transmittal of the budget to Congress. lease of local, county, or State-owned Public notice and release of informa- public lands. tion relative to proposed real property acquisitions will, therefore, exclude (6) Use of privately owned land by any information as to whether the pro- short-term co-use lease under the au- posed acquisition has been included in thority granted in § 552.39. a pending budget not yet formally (7) Use of non-Government-owned transmitted to the Congress or is to be land by lease. included in a future budget. Public no- (8) Acquisition of lands excess to the tice and release of information will be requirements of the other military de- on the basis of ‘‘advance planning.’’ partments. (2) General application and exceptions. (9) Acquisition of lands excess to the Non-Government-owned real property requirements of Federal agencies other generally is acquired by negotiations, than the military departments. based on its fair market value as estab- (10) Acquisition of the non-Govern- lished by Government appraisal and re- ment-owned land. gardless of who the owner is, how much (11) As a rule of thumb, lands will not the owner paid for the property, and be acquired for training from any how long the owner has owned the source when the value of the land ex- property. For this reason, public notice ceeds that of rural farm land in the and release of information should not area. tend normally to increase the value of (h) Public notice and release of informa- the land involved or create speculation tion relative to proposed real estate acqui- therein. Experience has proved that in- sitions. It is the policy of the Depart- terest of the Government in specific ment of the Army to give notice to the real property normally tends to dis- public and to release information to courage trafficking therein. Though the public as early as possible (at the normally the release of information site selection stage) and as completely should not result in subsequent dis- as possible, consistent with existing advantage to the Government, infor- regulations. Even though opposition mation will not be released in any spe- may develop in some cases because of cific case where it might have that re- early release of information as to pro- sult. AR 345–15 applies to the acquisi- posed acquisitions, application of this tion of real property only in those in- policy should more often result in fa- stances in which the release of advance vorable public relations, general public information on proposed plans might support of proposed acquisitions, and provide undue discriminatory advan- material assistance in the selection of tage to private or personal interests. sites which will fulfill the military re- (3) Application to Army Reserve facili- quirement and still have the least im- ties. During the preliminary site selec- pact on the civilian economy. This pol- tion stage for Army Reserve facilities, icy will permit consideration of public the Army commander’s representative preferences in the establishment of will contact responsible local public of- military facilities. Section 302 of the ficials to explain the nature of the pro- Act of July 14, 1960; Pub. L. 86–645, posed facility and to obtain their con- which is applicable to military as well currence in the Army’s acquisition and as water resources public works use of the site tentatively selected. projects, provides for dissemination of Such a statement, including the names information on large new installations. and titles of officials contacted, will be

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furnished by the Army commander to acquired by lease containing provisions the District Engineer for inclusion in for: the Real Estate Planning Report. Re- (i) Right of continuous use by the lease of information on Army Reserve Government under firm term or right centers will be made only by an au- of renewal, for a minimum of 50 years. thorized representative of the Army (ii) A rental consideration of $1 per commander. term or per annum. (i) Use of unappropriated and nonnav- (iii) Reserving to the Government igable water. It is the policy of the De- title to all improvements to be placed partment of the Army to utilize unap- on the land and the right to dispose of propriated and nonnavigable water such improvements by sale or abandon- upon or under lands under jurisdiction ment. in such a manner as is consonant with (iv) Waiver by the lessor of any and the purposes of water laws which have all claims for restoration of the leased been enacted by the several States. premises. (j) Permanent construction. If perma- (v) Use of the property for ‘‘Govern- nent construction, defined as that ment purposes’’ rather than for a spe- which produces a building suitable and cific purpose. appropriate to serve a specific purpose (5) Reserve Components facilities. Prop- for a maximum period of time (at least erty required for facilities for the Re- 25 years) and with a minimum of main- serve Components of the Armed Forces, tenance, is to be constructed by the provided such property can be acquired Government, the Government must ei- by lease containing provisions detailed ther hold or acquire title to the land in paragraphs (j)(4) (i), (ii), (iii), and (inclusive of all mineral rights and im- (iv) of this section. When possible the provements) or a permanent easement insertion in a lease of provision re- interest, with the following exceptions: stricting the use of the land to a spe- cific purpose will be avoided; use of a (1) Right of reuse by exercise of Na- term as ‘‘Government purposes’’ should tional Security Clause. Property, includ- be employed whenever possible. ing land or buildings, over which the (6) Air defense sites. Property required Government currently holds the right for air defense sites provided such prop- of reuse by exercise of the National Se- erty can be acquired by lease con- curity Clause. taining provisions detailed in para- (2) Right of reuse by exercise of Na- graphs (j)(4) (i), (ii), and (iv) of this sec- tional Emergency Use Provision. Prop- tion and in addition thereto a right of erty, including land or buildings, over continuous use by the Government which the Government holds the right under a firm term or right of renewal of reuse by exercise of a National for as long as required for defense pur- Emergency Use Provision. Inasmuch as poses. such rights inure to the Government (7) Exception by Assistant Secretary of only during the period or periods of na- Defense (Installations and Logistics). tional emergency as may be declared Where leases (for airbases, facilities for by the President or the Congress and Reserve Components of the Armed are extinguished by the termination Forces, or air defense sites) can be ob- thereof, every effort will be made to tained containing some but not all of negotiate a lease covering such prop- the above-listed provisions or where erty under terms that would provide leases (for all other types of installa- for the right of continuous possession tions upon which permanent construc- by the Government for a minimum of tion is to be placed by the Government) 25 years. can be obtained containing similar pro- (3) Rights-of-way. Property required visions and it is considered to be to the as a site for installation of utility lines best interest of the Government to ac- and necessary appurtenances thereto, quire a lesser interest than fee title, it provided a long-term easement or lease will be necessary to obtain approval can be secured at a consideration of $1 from the Assistant Secretary of De- per term or per annum. fense (Installations and Logistics) prior (4) Airbase. Property required for air- to placing permanent construction bases, provided such property can be thereon.

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(8) Construction projects not in excess of curing Activity, with consideration to $25,000. Construction projects esti- any nonrecoverable costs involved, de- mated to cost not in excess of $25,000 termines that such location is not fea- will not be considered as permanent sible. If the Head of a Procuring Activ- construction for purposes of applying ity makes this determination, he may the above policy. authorize the location of such facilities (9) Industrial installations. See para- on other land, provided: graph (l) of this section. (i) The estimated useful life of the fa- (k) No permanent construction. Where cilities will not extend beyond the con- temporary construction or no con- tract under which the facilities are in- struction is to be placed by the Govern- stalled or the completion of the work ment, acquisition of a lesser interest for which the facilities are provided; or (leasehold, easement, license, as appro- (ii) The contractor agrees to pur- priate) will generally be considered to chase the facilities upon the end of the be in the best interest of the Govern- facilities contract at the acquisition ment, with the following exceptions: cost of the facilities, less depreciation; (1) Cost of construction. Where any or proposed temporary construction to be (iii) The Secretary approves other placed by the Government has an esti- provisions as being in the interest of mated cost equal to or in excess of the national defense. current market value of the property. (iv) If location on land in which the (2) Rent plus restoration. Where the Government does not have a disposable calculated period of required use is of interest, as above set out, is authorized sufficient duration that the sum ex- under paragraphs (l)(2)(i), (ii), or (iii) of pended for rentals over this period plus this section, the Government must restoration, if required, would exceed have the right to abandon the facilities 50 percent of the current market value in place, with no obligation to restore of the property. (Apply calculated pe- or rehabilitate the facilities or the riod of required use or 20 years, which- premises on which they are located. ever is less.) (m) Commercial and industrial type fa- (3) Easement costing 75 percent of fee cilities—(1) Policy. Privately owned or value. Where the cost of acquiring an Government-owned and privately oper- easement right exceeds 75 percent of ated commercial and industrial type the current fair market value of the facilities will be used to the greatest property. extent practicable, recognizing the (l) Industrial installations—(1) Defini- basic military necessity for integrated, tions. Industrial facilities as used here- self-sustaining units responsible to in are defined as plants, buildings, util- command and the necessity for oper- ities, improvements, and additions and ating anywhere in the world. It is the appurtenances thereto used for mili- policy of the Department of the Army tary production and related purposes, not to engage in the operation of indus- including testing and development. trial or commercial type facilities un- Nonseverable industrial facilities as less it can be demonstrated that it is used herein are defined as industrial fa- necessary for the Government itself to cilities located on other than Govern- perform the required work or service. ment-owned land, and which, after (2) Definition. Commercial and indus- erection or installation, cannot be re- trial type facilities are defined as those moved without substantial loss of devoted to an activity which normally value or damage thereto, or to the might be performed by private industry premises where installed. (except commissaries, post exchanges, (2) Policy. Industrial facilities will be and nonappropriated fund activities) located on land owned by the Govern- including, but not limited to, ware- ment or in which the Government has houses, motor repair shops, bakeries, a permanent, disposable interest. Non- laundries, and drycleaning facilities. severable industrial facilities will be (n) Department of Defense policy rel- located on land in which the Govern- ative to liaison with Governor of Common- ment has a disposable interest equal in wealth of Puerto Rico. By letter dated term to the estimated useful life of the August 19, 1953, the Secretary of De- facilities, unless the Head of a Pro- fense informed the Governor of the

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Commonwealth of Puerto Rico that the term co-use leases cannot be nego- Department of Defense would establish tiated, the right-of-entry may be ob- liaison with the Governor to coordi- tained through the institution of pro- nate all military requirements for land ceedings for the condemnation of a acquisition in Puerto Rico. By memo- short-term co-use leasehold interest. randum dated August 19, 1953, the Sec- This action is taken only where it can retary of Defense instructed that such be shown that the entry is imperative liaison would be established under the and that it is impossible to negotiate a direction of the Department of the voluntary right-of-entry or short-term Army, in coordination with the other co-use lease. interested services. On September 8, 1953, the Department of the Army re- § 552.36 Rights-of-entry for construc- quested the Commander in Chief, Car- tion. ibbean Command, to establish such li- (a) When authorized. Rights-of-entry aison. Liaison is being maintained lo- for construction will be obtained by cally between the Commandant of the the district engineer only after a real Caribbean Sea Frontier and the Chair- estate directive or authorization to man of the Puerto Rico Planning lease has been issued and then only Board. The liaison applies to the pro- when the construction schedule does posed acquisition of title or any inter- est in land which is other than (Fed- not allow sufficient time to complete eral) Government-owned land. In all negotiations for an option to purchase cases, liaison action will be initiated or for a lease, as appropriate. during the advance planning or site se- (b) Involuntary. Where a right-of- lection stages. The purpose is to give entry for construction cannot be nego- Puerto Rican officials advance notice tiated, under the circumstances set of military real property requirements forth in paragraph (a) of this section, a and to give them an opportunity to right-of-entry will be obtained through suggest suitable alternatives in an ef- the institution of proceedings for the fort to improve public relations with condemnation of fee title, an easement Puerto Rican officials, landowners, and interest, or a leasehold interest, as ap- the general public. propriate.

[27 FR 6140, June 29, 1962] § 552.37 Acquisition by Chief of Engi- neers. § 552.35 Rights-of-entry for survey and exploration. (a) Statutory authority. The Chief of (a) Voluntary. Where it is necessary Engineers, under the direction of the to enter upon non-Government-owned Secretary of the Army, is charged with real estate during site selection, par- the acquisition of all real estate for the ticularly for the purpose of conducting use of the Department of the Army (10 topographic surveys and test borings, U.S.C. 3038). the appropriate division or district en- (b) Scope of responsibility. This au- gineer will negotiate rights-of-entry thority is exercised by the Chief of En- for survey and exploration. The instru- gineers, acting for the Secretary of the ment is in the nature of a license which Army, in the acquisition of all real es- does not convey an interest in land but tate and interests therein for the use of precludes the entry from being a tres- the Department of the Army in conti- pass. Since the entry is for a limited nental United States, Territories, pos- purpose and for a relatively short pe- sessions, and the Commonwealth of riod of time, the landowner is not of- Puerto Rico. fered rental for the privileges re- (c) Delegated authority. The Chief of quested. Where the landowner insists Engineers or his duly authorized rep- upon payment for the privileges re- resentative has authority to approve, quested, district engineers are author- for the Secretary of the Army: ized to negotiate short-term co-use (1) Fee, easement, and license acqui- leases, within the limits of existing sitions which do not exceed $5,000 for regulations. any one parcel and which constitute (b) Involuntary. Where rights-of-entry small tracts of additional land needed for survey and exploration or short- in connection with projects for which

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final Department of the Army, Depart- site or land (section 355, as amended, of ment of Defense, and/or Congressional the Revised Statutes; 50 U.S.C. 175) ex- approval has been obtained, or which cept: constitute rights-of-way for roads, rail- (1) Easements acquired for military roads, and utility lines necessary to purposes. (By agreement with the At- the construction, maintenance, and op- torney General, his opinion is obtained eration of an approved project. only in acquiring easements at a cost (2) Leasehold acquisition where the in excess of $100.) estimated annual rental for any single (2) Leases and licenses. leasehold does not exceed $25,000 and (3) Jurisdiction of Government-owned the acquisition is not controversial, land by transfer or use of Government- unusual, or inconsistent with Depart- owned land by permit. ment of Army policies. (g) Furnishing title evidence. The Chief (3) Renewal or extension of lease- of Engineers, acting under the author- holds. ity of the Secretary of the Army, will (4) Acquisition by permit of the right procure any evidence of title required to use real property of another Govern- by the Attorney General. The expense ment department or agency, except as of procurement, except where other- to ‘‘general purpose’’ space from the wise authorized by law or provided by General Services Administration and contract, may be paid out of the appro- the Post Office Department and all priations for the acquisition of land or space in the metropolitan District of out of the appropriations made for the Columbia area. contingencies of the Department of the (d) Minor boundary changes. The Chief Army (section 355, as amended, of the of Engineers, in accomplishing acquisi- Revised Statutes; 50 U.S.C. 175). tion in accordance with Department of (h) Condemnation—(1) General. Fee Defense and Department of the Army title, easements, or leasehold interests policies and with real estate directives may be acquired by the exercise of and authorizations to lease issued by right of eminent domain through the the Secretary of the Army or his des- institution of condemnation pro- ignee, is authorized to make minor ceedings. These proceedings are insti- boundary changes to avoid severance tuted in the United States District damages, by including or excluding Courts by the Attorney General, based small tracts of land which will not de- upon requests from the Secretary of crease the usefulness of the area for the Army. Normally, condemnation the purpose for which it is being ac- proceedings are instituted only after quired. agreement cannot be reached with (e) Responsibility for all negotiations. landowners or other parties in interest To avoid any possibility of misunder- as to the value of the real property or standing by property owners and re- interest therein to be acquired by the sultant embarrassment to the Depart- Government; where there are title de- ment of the Army, under no cir- fects which do not permit acquisition cumstances will commitments be made by purchase or lease, as appropriate; or either by negotiation or by dissemina- where construction schedules or occu- tion of information to property owners, pancy dates do not allow the Chief of by any authority other than the Chief Engineers sufficient time to conduct of Engineers. This is not intended to normal negotiations for options to pur- restrict the public notice and release of chase or lease. general information as set forth in (2) Vesting of title or other interest in § 552.34(h). the United States. Under a condemna- (f) Approval of title. The written opin- tion proceeding, title, or other interest ion of the Attorney General, in favor of condemned vests in the United States the validity of the title, will be ob- upon entry of final judgment in the tained for any site or land purchased proceeding. Where it is necessary to by the United States. Unless expressly have title or other interest vested in waived by the pertinent authorization the United States at an earlier date, a act or other act of Congress, this opin- Declaration of Taking, signed by the ion will be obtained prior to the ex- Secretary of the Army, may be filed in penditure of public money upon such the proceeding, with the petition or at

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any time before final judgment. Upon of Reserve training sites, not more the filing of the Declaration of Taking than 90 days per year, and deposit in the court of the amount (d) Rental for the entire period of oc- of estimated compensation, title or cupancy does not exceed $500, and other interest condemned vests in the (e) Clearance is made with the Gen- United States (Act of February 26, 1931; eral Services Administration, where re- 46 Stat. 1421; 40 U.S.C. 258a). quired. [22 FR 9284, Nov. 21, 1957, as amended at 27 [22 FR 9284, Nov. 21, 1957, as amended at 23 FR 6142, June 29, 1962] FR 10536, Dec. 31, 1958]

§ 552.38 Acquisition of maneuver agreements for Army commanders. Subpart E—Solicitation on Military Reservations (a) Authorization. After a maneuver is authorized by the Department of the Army, the Army commander will select AUTHORITY: Sections 552.50 through 552.83 issued under 15 U.S.C. 1601. the specific areas desired for use. (b) Real estate coverage. Real estate SOURCE: 45 FR 73037, Nov. 4, 1980, unless coverage will be in the form of agree- otherwise noted. ments with landowners, granting the § 552.50 Purpose. right to conduct maneuvers at a given time or periodically. Short-term leases This regulation— for exclusive use may also be acquired (a) Prescribes general policy on the for special areas (such as headquarters solicitation and sale of all goods, serv- areas, radio relay sites, base camp ices, and commodities, including all sites, field hospital sites, and supply types of insurance, on military instal- dumps) and buildings needed for ware- lations. These are sold or solicited by houses, ordnance shops and similar dealers, tradesmen, and their agents. purposes directly related to the maneu- (b) Prescribes procedures for suspen- ver. Permits will also be obtained to sion of solicitation privileges. cover the use of lands under the juris- (c) Prescribes policies and procedures diction of another Government depart- for investigative and enforcement ac- ment or agency. tions. (c) Responsibility for negotiation and (d) Permits representatives of credit restoration. The appropriate division or unions, banks, and approved non-profit district engineer will be responsible for associations to conduct national edu- negotiating maneuver agreements and cational programs on— short-term leases and, after the maneu- (1) Insurance, estate planning, sav- ver is completed, will be responsible for ings, and budgeting, and negotiating restoration settlements (2) The protection and remedies af- and/or releases, as appropriate. forded consumers under the Truth-in- Lending Act. § 552.39 Acquisition of short-term leases by local commanding offi- § 552.51 Applicability. cers. (a) This regulation applies to— Local commanding officers are au- (1) All Department of the Army mili- thorized, without approval by higher tary and civilian personnel, including authority, to make leases of camp Army National Guard and Army Re- sites, buildings, and grounds, for serve personnel on active duty or an- troops; office and storage space for nual training. small detachments; garage or parking (2) Individuals seeking to conduct space; space for recruiting stations; commercial solicitation on military in- and land or space for similar purposes, stallations, including controlled hous- provided: ing areas. They will also be governed (a) Funds are available to the local by regulations and controls of the local commanding officer, commander and, in overseas areas, by (b) Rental consideration conforms to regulations of the unified or specified the prevailing rate in the locality, commander. They must also observe (c) The premises are to be occupied applicable laws, regulations, and agree- not longer than 3 months or in the case ments of the host country.

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(b) The provisions of this regulation departments carrying on functions on a do not apply to— Defense installation, including non-ap- (1) Commercial companies that fur- propriated fund instrumentalities. nish services to military installations (such as deliveries of milk, bread, and § 552.53 Regulatory requirements. laundry) when they are authorized by Commanders may issue regulations the installation commander. governing solicitation within their (2) An individual who sells his own commands and on their installations. personal property or privately owned These regulations will avoid discrimi- dwelling. natory requirements which could eliminate or restrict competition. § 552.52 Explanation of terms. When there is a clear need to prescribe (a) Agent. Anyone who solicits the or- more restrictive requirements for so- dering or purchasing of goods, services, licitation than those in this regulation or commodities in exchange for money. or the regulations of the major com- ‘‘Agent’’ includes an individual who re- mander, these additional requirements ceives remuneration as a salesman for or restrictions must first be reviewed an insurer or whose remuneration is and confirmed by The Adjutant Gen- dependent on volume of sales or the eral Center (DAAG-PSI), or by the making of sales. overseas commander. (b) Solicitation. The conduct of any private business, including the offering § 552.54 Solicitation. and sale of insurance on a military in- The installation commanders may stallation, whether initiated by the permit solicitation and transaction of seller or the buyer. (Solicitation on in- commercial business on military in- stallations is a privilege as distin- stallations. These solicitations and guished from a right, and its control is transactions must conform to installa- a responsibility vested in the installa- tion regulations (CONUS and overseas) tion commander, subject to compliance and must not interfere with military with applicable regulations.) activities. No person may enter an in- (c) Door-to-door solicitation. A sales stallation and transact commercial method whereby an agent proceeds ran- business as a matter of right. domly or selectively from household to household without specific prior ap- § 552.55 Restrictions. pointments or invitations. Door-to- To maintain discipline; protect prop- door solicitation is not permitted on erty; and safeguard the health, morale, Army installations. and welfare of his personnel, the instal- (d) Specific appointment. A pre- lation commander may impose reason- arranged appointment that has been able restrictions on the character and agreed upon by both parties and is defi- conduct of commercial activities. nite as to place and time. Members of the Armed Forces must not (e) Insurer. Any company or associa- be subjected to fraudulent, usurious, or tion engaged in the business of selling unethical business practices. Reason- insurance policies to Department of able and consistent standards must be Defense (DOD) personnel. applied to each company and its agents (f) Insurance carrier. An insurance in their conduct of commercial trans- company issuing insurance through an actions on the installation. association or reinsuring or coinsuring such insurance. § 552.56 Licensing requirements. (g) Insurance policy. A policy or cer- To transact personal commercial tificate of insurance issued by an in- business on military installations in surer or evidence of insurance coverage the United States, its territories, and issued by a self-insured association. the Commonwealth of Puerto Rico, in- (h) DOD personnel. Unless stated oth- dividuals must present, on demand, to erwise, such personnel means all active the installation commander, or his des- duty officer and enlisted members, and ignee, documentary evidence that the civilian employees of the Armed company and its agents meet the li- Forces. This includes Government em- censing requirements of the State in ployees of all the offices, agencies, and which the installation is located. They

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must also meet any other applicable recommends the companies, agents, or regulatory requirements imposed by the policies offered for sale must not be civil authorities (Federal, State, coun- conveyed. As continuing policy, the ty, or municipality). For ease of ad- Department of the Army does not in- ministration, the installation com- dorse any seller or product. mander will issue a temporary permit to agents who meet these require- § 552.60 Supervision of on-post com- ments. mercial activities. (a) General. (1) Installation com- § 552.57 Authorization to solicit. manders will ensure that all agents are (a) Solicitation must be authorized given equal opportunity for interviews, by the installation commander. A spe- by appointment, at the designated cific appointment must be made with areas. the individual and must be conducted (2) DOD personnel will not act in any in family quarters or in other areas official or business capacity, either di- designated by the installation com- rectly or indirectly, as liaison with mander. Before issuing a permit to so- agents to arrange appointments. licit, the commander will require and (3) Home address of members of the review a statement of past employ- command or unit will not be given to ment. The commander will also deter- commercial enterprises or individuals mine, if practicable, whether the agent engaged in commercial solicitation, ex- is employed by a reputable firm. cept when required by Army Regula- (b) Certain companies seeking solici- tion 340–17 and Army Regulation 340–21. tation privileges on military installa- The written consent of the individual tions may arrange personal demonstra- must be obtained first. tions of their products at social gath- (b) Hours and location for solicitation. erings and advise potential customers (1) Military personnel and their de- on their use. If these added services are pendents will be solicited individually, provided, even though the merchandise by specific appointment, and at hours sold by these companies is similar to designated by the installation com- that stocked by the post exchange, the mander or his designee. Appointments installation commander may authorize will not interfere with any military solicitation privileges. Requests for duty. Door-to-door solicitation without this type of solicitation privilege will a prior appointment, including solici- be coordinated with the local Army tation by personnel whose ultimate and Air Force Exchange Service rep- purpose is to obtain sales (e.g., solic- resentative. See paragraph 3–2, Army iting future appointments), is prohib- Regulation 60–10. ited. Solicitors may contact prospec- tive clients initially by methods such § 552.58 Other transactions. as advertising, direct mail, and tele- Commercial transactions with other phone. than individuals (such as non- (2) Commanders will provide one or appropriated fund activities) are re- more appropriate locations on the in- stricted to the office of the custodian stallation where agents may interview of the specific fund activity. Business prospective purchasers. If space and will be conducted during normal duty other factors dictate limiting the num- hours. ber of agents who may use designated interviewing areas, the installation § 552.59 Granting solicitation privi- commander may publish policy cov- leges. ering this matter. (a) Authorizations (permits) to so- (c) Regulations to be read by solicitors. licit on Army installations will be in A conspicuous notice of installation writing and will be valid for periods of regulations will be posted in a form 1 year or less. and a place easily accessible to all (b) Particular caution must be taken those conducting on-post commercial when granting solicitation permission. activities. Each agent authorized to so- The impression that permission is offi- licit must read this notice and appro- cial indorsement or that the Depart- priate installation regulations. Copies ment of the Army favors, sponsors, or will be made available on installations.

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When practicable, as determined by the (11) Entry into any unauthorized or installation commander, persons con- restricted area. ducting on-base commercial activities (12) Assignment of desk space for will be furnished a copy of the applica- interviews, except for specific pre- ble regulations. Each agent seeking a arranged appointments. During ap- permit must acknowledge, in writing, pointments, the agent must not display that he has read the regulations, un- desk or other signs announcing the derstands them, and further under- name of the company or product affili- stands that any violation or non- ation. compliance may result in suspension of (13) Use of the ‘‘Daily Bulletin’’ or the solicitation privilege for himself, any other notice, official, or unofficial, his employer, or both. announcing the presence of an agent (d) Forbidden solicitation practices. In- and his availability. stallation commanders will prohibit (14) Distribution of literature other the following: than to the person being interviewed. (1) Solicitation during enlistment or (15) Wearing of name tags that in- induction processing or during basic clude the name of the company or combat training, and within the first product that the agent represents. half of the one station unit training (16) Offering of financial benefit or cycle. other valuable or desirable favors to (2) Solicitation of ‘‘mass,’’ group, or military or civilian personnel to help ‘‘captive’’ audiences. or encourage sales transactions. This (3) Making appointments with or so- does not include advertising material liciting of military personnel who are for prospective purchasers (such as in an ‘‘on-duty’’ status. pens, pencils, wallets, and notebooks, (4) Soliciting without an appoint- normally with a value of $1 or less). ment in areas used for housing or proc- (17) Use of any portion of installation essing transient personnel, or solic- facilities, to include quarters, as a iting in barracks areas used as quar- showroom or store for the sale of goods ters. or services, except as specifically au- (5) Use of official identification cards thorized by regulations governing the by retired or Reserve members of the operations of exchanges, commissaries, Armed Forces to gain access to mili- non-appropriated fund instrumental- tary installations to solicit. ities, and private organizations. This is (6) Offering of false, unfair, improper, not intended to preclude normal home or deceptive inducements to purchase enterprises, providing State and local or trade. laws are complied with. (7) Offering rebates to promote trans- (18) Advertisements citing addresses action or to eliminate competition. or telephone numbers of commercial (Credit union interest refunds to bor- sales activities conducted on the in- rowers are not considered a prohibited stallation. rebate.) (e) Business reply system. Agents who (8) Use of any manipulative, decep- desire to use a business reply card sys- tive, or fraudulent device, scheme, or tem will include the information on artifice, including misleading adver- the card which a military member can tising and sales literature. complete to indicate where and when (9) Any oral or written representa- the member can meet the agent to dis- tions which suggest or appear that the cuss the subject. The meeting place Department of the Army sponsors or should be that established in accord- endorses the company or its agents, or ance with paragraph (b)(2) of this sec- the goods, services, and commodities tion, if the meeting is to be on the in- offered for sale. stallation. This procedure should assist (10) Commercial solicitation by an in removing any impression that the active duty member of the Armed agent or his company are approved by Forces of another member who is jun- the Department of the Army. It should ior in rank or grade, at any time, on or further prevent an undesirable situa- off the military installation (Army tion (e.g., military personnel paged on Regulation 600–50). a public address system or called by a

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unit runner to report to the orderly § 552.63 ‘‘Cooling off’’ period for door- room). to-door sales. The Federal Trade Commission Rule, § 552.61 Products and services offered 16 CFR part 429, p. 233, effective 7 June in solicitation. 1974, pertains to a cooling off period for Products and services, including life door-to-door sales. The rule applies to insurance, offered and sold on Army in- any sale, lease, or rental of consumer stallations must comply with the laws goods or services with a purchase price of the States (and other civil jurisdic- of $25 or more, whether under single or tions) in which the installations are lo- multiple contracts, in which the seller cated. If a dispute or complaint arises, or business representative personally the applicable State will make the de- solicits the sale, including those in re- termination (§ 552.56). sponse to or following an invitation by the buyer, and the buyer’s agreement § 552.62 Advertising rules and edu- or offer to purchase is made at a place cational programs. other than the place of business of the (a) The Department of the Army ex- seller. The purpose of the law is to pects that commercial enterprises so- allow the consumer the right to cancel liciting military personnel through ad- a transaction at any time prior to mid- vertisements appearing in unofficial night of the third business day after military publications will voluntarily the date of the transaction. When any observe the highest business ethics in door-to-door sale or transaction takes place anywhere on or off the installa- describing both the goods, services, and tion (other than the seller’s place of commodities and the terms of the sale business) the consumer must be pro- (such as guarantees and warranties). If vided with a full and complete receipt not, the publisher of the military pub- or copy of a contract pertaining to the lication will request the advertiser to sale at the time of its execution which observe them. The advertising of credit shall include the ‘‘cancellation state- will conform to the provisions of the ments’’ as required by the FTC rule. Truth-in-Lending Act, as implemented by Regulation Z, published by the Fed- § 552.64 Sound insurance underwriting eral Reserve Board (12 CFR part 226). and programing. (b) Commanders will provide appro- The Department of the Army encour- priate information and educational ages the acquisition of a sound insur- programs to provide members of the ance program that is suitably under- Army with information pertaining to written to meet the varying needs of the conduct of their personal commer- the individual and is within his finan- cial affairs (e.g., the protections and cial means. Accordingly, insurance remedies offered consumers under the agents may conduct personal business Truth-in-Lending Act, insurance, Gov- on an installation, when feasible, with ernment benefits, savings, estate plan- disinterested third-party counseling ning, and budgeting). The services or provided, interviewing hours set aside, representatives of credit unions, banks, and facilities supplied. However, the and nonprofit military associations ap- privilege of insurance solicitation on proved by HQDA may be used for this installations is conditioned on full purpose provided their programs are compliance with this regulation and on entirely educational. Under no cir- the clear understanding that permis- cumstances will the services of com- sion is not indorsement of the company mercial agents, including loan or fi- or the policies offered for sale. nance companies and their associa- tions, be used for this purpose. Edu- § 552.65 Command supervision. cational materials prepared or used by (a) All insurance business conducted outside organizations or experts in this on Army installation will be by ap- field may be adapted or used with ap- pointment. When setting up the ap- plicable permission, provided the mate- pointment, insurance agents must rial is entirely educational and does identify themselves to the prospective not contain applications or contract purchaser as an agent for a specific in- forms. surance company.

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(b) Department of Defense personnel tional specialty of the insured, unless are expressly prohibited from rep- restrictions are clearly indicated on resenting any insurance company or the face of the policy. dealing either directly or indirectly (c) Plainly indicate any extra pre- with any insurance company or any mium charges imposed because of mili- recognized representative of an insur- tary service or military occupational ance company as an agent or in any of- specialty. ficial or business capacity for the solic- (d) Not vary in the amount of death itation of insurance to personnel on a benefit or premium based on the length military installation with or without of time the policy has been in force, compensation. unless it is clearly described therein. (c) In addition to the forbidden prac- (e) For purposes of paragraphs (b) tices, installation commanders will through (d) of this section, be stamped prohibit the following: with an appropriate reference on the (1) The use of a commercial insur- face of the policy to focus attention on ance agent as a participant in any mili- any extra premium charges imposed tary-sponsored education or orienta- and on any variations in the amount of tion program. death benefit or premium based on the (2) The designation or announcement length of time the policy has been in of any agent as ‘‘Battalion Insurance force. Advisor,’’ ‘‘Unit Insurance Counselor,’’ (f) Variable life insurance policies ‘‘SGLI Conversion Consultant,’’ or may be offered provided they meet the similar quasi-official titles. criteria of the appropriate insurance regulatory agency and the Securities § 552.66 Actions required by agents. and Exchange Commission. (a) The agent must know that— (g) Show only the actual premiums (1) Soldiers to be solicited are in payable for life insurance coverage. grades E–1, E–2, or E–3, and (2) The solicitation of these members § 552.68 Minimum requirements for is restricted to specified times and lo- agents. cations designated by the installation (a) In the United States, its terri- commander. tories, and the Commonwealth of Puer- (b) Agents must leave information on to Rico, agents may be authorized to the policy applied for with each mem- solicit on an installation provided— ber in grades E–1, E–2, and E–3 who ap- (1) Both the company and its agents plies for insurance and the unit insur- are licensed in the State in which the ance officer or counselor. Agents must installation is located. ‘‘State’’ as it complete DA Form 2056 (Commercial pertains to political jurisdictions in- Insurance Solicitation Record). Blank cludes the 50 States, territories, and DA Forms 2056 (not allotment forms) the Commonwealth of Puerto Rico. will be available to insurance agents on (2) The application to solicit is made request. In the ‘‘Remarks’’ section of by an accredited company (§ 552.69). DA Form 2056, agents will include all (b) On Army military installation in pertinent information and a clear foreign areas. statement that dividends are not guar- (1) An agent may solicit business on anteed if the presentation refers to U.S. military installations in foreign dividends. areas if— (i) The company he represents has § 552.67 Life insurance policy content. been accredited by DOD; Insurance policies offered and sold on (ii) His name is on the official list of Army installations must— accredited agents maintained by the (a) Comply with the insurance laws applicable major command; of the States or country in which the (iii) His employer, the company, has installations are located. The applica- obtained clearance for him from the ble State insurance commissioner will appropriate overseas commanders; and determine such compliance if there is a (iv) The commanding officer of the dispute or complaint. military installation on which he de- (b) Contain no restrictions because of sires to solicit has granted him permis- military service or military occupa- sion.

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(2) To be employed for overseas solic- § 552.69 Application by companies to itation and designated as an accredited solicit on military installations in agent, agents must have at least 1 year the United States, its territories, or of successful life insurance under- the Commonwealth of Puerto Rico. writing in the United States or its ter- Before a company may be accredited ritories. Generally, this is within the 5 to solicit on a military installation, years preceding the date of application. the commander must receive a letter of (3) General agents and agents will application, signed by the company’s represent only one accredited commer- president or vice president. It must be cial insurance company. The overseas understood that a knowing and willful commander may waive this require- false statement is punishable by fine or ment if multiple representation can be imprisonment (18 U.S.C. 1001). The let- proven to be in the best interest of ter of application will— DOD personnel. (a) Report the States in which the (4) An agent must possess a current company is qualified and licensed to State license. The overseas commander sell insurance. may waive this requirement on behalf (b) Give the name, complete address, of an accredited agent who has been and telephone number of each agent continuously residing and successfully who will solicit on the installation if selling life insurance in foreign areas approval is granted; the State in which and forfeits his eligibility for a State licensed; the date of licensing and the license, through no fault of his own, expiration date; and a statement of due to the operation of State law or agreement to report all future addi- regulation governing domicile require- tions and separations of agents em- ments, or requiring that the agent’s ployed for solicitation on the installa- company be licensed to do business in tion. that State. The request for a waiver (c) List all policies and their form will contain the name of the State and numbers that are to be offered for pur- jurisdiction, which would not renew chase on the installation. Application the agent’s license. will be offered for purchase and that (5) An agent, once accredited in an these policies meet the requirements of overseas area, may not change his af- § 552.67(d). filiation from the staff of one general Attest that— agent to another, unless the losing (1) The privilege of soliciting the pur- company certifies, in writing, that the chase of life insurance is not currently release is without justifiable prejudice. suspended or withdrawn from the com- Unified commanders will have final au- pany by any of the military depart- thority to determine justifiable preju- ments. dice. (2) The privilege of soliciting the pur- (6) Where the accredited insurer’s chase of life insurance is not currently suspended or withdrawn by any Armed policy permits, an overseas accredited Forces installations from any of the life insurance agent, if duly qualified agents named. to engage in security activities either (3) The company and the agent as a registered representative of a named have proper and currently vali- member of the National Association of dated licenses as required by § 552.68. Securities Dealers or an associated per- (4) The company assumes full respon- son of a broker/dealer registered with sibility for its agents complying with the Securities and Exchange Commis- this regulation and with any regula- sion only, may offer life insurance and tions published by the installation securities for sale simultaneously. In commander. cases of commingled sales, the allot- ment of pay for the purchase of securi- § 552.70 Applications by companies to ties cannot be made to the insurer. solicit on installations in foreign (7) Overseas commanders will exer- countries. cise further agent control procedures (a) Each May and June only, DOD ac- as necessary. cepts applications from commercial

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life insurance companies for accredita- cation of an allotment. The purchaser’s tion to solicit the purchase of commer- commanding officer may grant a waiv- cial life insurance on installations in er of this requirement for good cause, foreign countries for the fiscal year be- such as the purchaser’s imminent per- ginning the following October. manent change of station. (b) Information about permission to solicit on installations outside the § 552.73 Minimum requirements for United States (exclusive of its terri- automobile insurance policies. tories and the Commonwealth of Puer- Policies sold on installations by both to Rico) is contained in instructions accepted and accredited insurers will issued by DOD. Applications and any meet all statutory and regulatory re- correspondence relating thereto should quirements of the State or host nation be addressed to Assistant Secretary of Defense (Manpower, Reserve Affairs, in which the installation is located. and Logistics), ATTN: Directorate, Policies will not be issued in amounts Personnel Services, ODASD(MPP), lower than the minimum limits pre- WASH DC 20301. scribed by these authorities. In addi- (c) Advice of action taken by DOD is tion, policies will— announced annually by letters sent to (a) Clearly identify the name of the overseas commanders as soon as prac- insurer and the full address. ticable after 15 September. The list of (1) Applications without the name companies and agents may vary from and address of the insurer underwriting year to year. the insurance may be used; the names of sales or underwriting agents alone is § 552.71 Associations—general. not sufficient. The recent growth of quasi-military (2) Post office box addresses are not associations offering various insurance an acceptable address. plans to military personnel is recog- (b) Provide bodily injury and prop- nized. Some associations are not orga- erty damage liability coverage for all nized within the supervision of insur- drivers authorized by the named in- ance laws of either the Federal or sured to operate the vehicle. Military State Government. While some are or- indorsements, excluding persons other ganized for profit, others function as than the named insured, whether in the nonprofit associations under Internal Revenue Service regulations. Regard- military or not, are not acceptable. less of how insurance plans are offered (c) Not contain unusual limitations to members, the management of the as- or restrictions, including, but not lim- sociation is responsible for assuring ited to, the following: that all aspects of its insurance pro- (1) Limitations specifying that cov- grams comply fully with the instruc- erage is afforded only when the insured tions of this regulation. vehicle is operated in the designated geographic areas in the United States § 552.72 Use of the allotment of pay (e.g., coverage applicable only on a system. military reservation). If the installa- (a) Allotments of military pay will be tion is located within the United made in accordance with Army Regula- States, the standard provision limiting tion 37–104–3. Allotments will not be coverage to the United States and Can- made to an insurer for the purchase of ada is acceptable. a commingled sale (e.g., retirement (2) Coverage limited to exclude liabil- plans, securities). ity for bodily injury to passengers and (b) Under no circumstances will guests if such a liability exists as a agents have allotment forms in their matter of law. possession or attempt to assist or co- ordinate the administrative processing § 552.74 Grounds for suspension. of such forms. (c) For personnel in grades E–1, E–2, The installation commander will and E–3, at least 7 days should elapse deny or revoke permission of a com- between the signing of a life insurance pany and its agents to conduct com- application or contract and the certifi- mercial activities on the installation if

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it is in the best interests of the com- § 552.77 Suspension approval. mand. The grounds for taking this ac- The installation commander will per- tion will include, but will not be lim- ited to, the following: sonally approve all cases in which so- licitation privileges have been denied (a) Failure of company to meet the or suspended for cause. This includes licensing and other regulatory require- agents, companies, or other commer- ments prescribed in § 552.56. cial enterprises. Authority to tempo- (b) An agent or representative en- rarily suspend solicitation privileges gaged in any of the solicitation prac- for 30 days or less while an investiga- tices prohibited by this regulation. tion is conducted may be delegated by (c) Substantiated adverse complaints the commander to the installation so- or reports about the quality of the licitation officer or other designee. Ex- goods, services, or commodities and the ception to this time frame must be ap- manner in which they are offered for proved by The Adjutant General sale. (DAAG-PSI) or by the overseas com- (d) Personal misconduct by agents or mander. The commander will make the representatives while on the military final determination. installation. (e) The possession of or any attempt § 552.78 ‘‘Show cause’’ hearing. to obtain allotment forms, or to assist or coordinate the administrative proc- Before suspending the solicitation essing of such forms. privilege, the company and the agent (f) Knowing and willful violation of will have a chance to show cause why the Truth-in-Lending Act or Federal the action should not be taken. ‘‘Show Regulation Z. cause’’ is an opportunity for the com- (g) Failure to incorporate and abide pany, the agent, or both to present by the Standards of Fairness policies. facts informally on their behalf. The (See § 552.83.) company and agent will be notified, by letter, far in advance of the pending § 552.75 Factors in suspending solicita- hearing. If unable to notify the agent tion privileges. directly or indirectly of the hearing, In suspending privileges for cause, then the hearing may proceed. the installation commander will deter- § 552.79 Suspension action. mine whether to limit suspension to the agent alone or to extent it to the (a) When suspended for cause, imme- company he represents. This decision diately notify the company and the will be based on the circumstances of agent, in writing, of the reason. When the particular case. Included are— the installation commander deter- (a) The nature of the violations and mines that suspension should be ex- their frequencies; tended throughout the Department of (b) The extent to which other agents the Army (whether for the agent or his of the company have engaged in these company), send the case to HQDA practices; (DAAGPSI) WASH DC 20314. Provide (c) Previous warnings or suspensions; all factors on which the commander and based his decision concerning the agent (d) Other matters that show the com- or company (exempt report, para 7–2o, pany’s guilt or failure to take reason- Army Regulation 335–15). This notifica- able corrective or remedial action. tion should include— (1) Copies of the ‘‘show cause’’ hear- § 552.76 Preliminary investigation. ing record or summary, When unauthorized solicitation prac- (2) The installation regulations or ex- tices have apparently occurred, an in- tract, vestigating officer will be appointed (3) The investigation report with (Army Regulation 15–6). The inves- sworn statements by all personnel af- tigating officer will gather sworn fected by or having knowledge of the statements from all interested parties violations, who have any knowledge of the alleged (4) The statement signed by the violations. agent as required in § 552.60(c).

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(5) Notification letters sent to the tablishment be declared ‘‘off limits’’ to company and the agent advising of sus- all military personnel. The procedures pension of installation solicitation for making these determinations are in privileges, and Army Regulation 190.24. (6) If the agent failed to respond to (b) On finding that a company notification of the hearing, a copy of transacting cash or consumer credit the letters sent to him and the com- with members of the Armed Forces, na- pany offering them the opportunity to tionwide or internationally, is engaged be heard. in widespread usurious, fraudulent, or (b) If the grounds for suspension bear deceptive practices, the Secretary of significantly on the eligibility of the the Army may direct Armed Forces agent or company to hold a State li- Disciplinary Control Boards in all geo- cense or to meet other regulatory re- graphical areas where this occurred to quirements, notify the appropriate investigate the charges and take appro- State or local civil authorities. priate action.

§ 552.80 Suspension period. § 552.83 Standards of fairness. All solicitation privileges suspended (a) No finance charge contracted for, by installation commanders will be for made, or received under any contract a specific time. Normally, it will not shall be in excess of the charge which exceed 2 years. When the suspension could be made for such contract under period expires, the agent may reapply the law of the place in which the con- for permission to solicit at the instal- tract is signed in the United States by lation authorizing the denial or suspen- the serviceman. In the event a contract sion. Requests for suspension periods in is signed with a United States company excess of 2 years will be sent with the in a foreign country, the lowest inter- complete case to HQDA (DAAG-PSI) est rate of the state or states in which WASH DC 20314, for approval. Lesser the company is chartered or does busi- suspension may be imposed pending de- ness shall apply. cision. (b) No contract or loan agreement shall provide for an attorney’s fee in § 552.81 Agents or companies with sus- the event of default unless suit is filed pended solicitation privileges. in which event the fee provided in the Quarterly, HQDA will publish the contract shall not exceed 20 percent of names of agents and companies whose the obligation found due. No attorney’s solicitation privileges have been sus- fees shall be authorized if he is a sala- pended throughout the Department of ried employee of the holder. the Army. If no change has occurred in (c) In loan transactions, defenses the latest quarter, no list will be pub- which the debtor may have against the lished. original lender or its agent shall be good against any subsequent holder of § 552.82 Exercise of ‘‘off limits’’ author- the obligation. In credit transactions, ity. defenses against the seller or its agent (a) In appropriate cases, installation shall be good against any subsequent commanders may have the Armed holder of the obligation provided that Forces Disciplinary Control Board in- the holder had actual knowledge of the vestigate reports that cash or con- defense or under condition where rea- sumer credit transactions offered mili- sonable inquiry would have apprised tary personnel by a business establish- him of this fact. ment off post are usurious, fraudulent, (d) The debtor shall have the right to misleading, or deceptive. If it is found remove any security for the obligation that the commercial establishment en- beyond State or national boundaries if gages in such practices; that it has not he or his family moves beyond such taken corrective action on being duly boundaries under military orders and notified; and that the health, morale, notifies the creditor, in advance of the and welfare of military personnel removal, of the new address where the would be served, the Armed Forces Dis- security will be located. Removal of ciplinary Control Board may rec- the security shall not accelerate pay- ommend that the offending business es- ment of the obligation.

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(e) No late charge shall be made in (3) He will be permitted to redeem excess of 5 percent of the late payment, the item by payment of the amount or $5 whichever is the lesser amount. due before the sale, or in lieu thereof Only one late charge may be made for submit a bid at the sale; any tardy installment. Late charges (4) There will be a solicitation for a will not be levied where an allotment minimum of three sealed bids unless has been timely filed, but payment of sold at auction; the allotment has been delayed. (5) The party holding the security, (f) The obligation may be paid in full and all agents thereof are ineligible to at any time or through accelerated bid; payments of any amount. There shall (6) The defaulting purchaser will be be no penalty for prepayment and in charged only those charges which are the event of prepayment, that portion reasonably necessary for storage, re- of the finance charges which have in- conditioning, and resale; and sured to the benefit of the seller or (7) He shall be provided a written de- tailed statement of his obligations, if creditor shall be prorated on the basis any, following the resale and promptly of the charges which would have been refunded any credit balance due him, if ratably payable had finance charges any. been calculated and payable as equal (j) A contract for personal goods and periodic payments over the term of the services may be terminated at any contract, and only the prorated time before delivery of the goods or amount to the date of prepayment services without charge to the pur- shall be due. As an alternative, the chaser. However, if goods made to the ‘‘Rule of 78’’ may be applied, in which special order of the purchaser result in case its operation shall be explained in preproduction costs, or require prepa- the contract. ration for delivery, such additional (g) No charge shall be made for an in- costs will be listed in the order form or surance premium or for finance charges contract. No termination charge will for such premium unless satisfactory be made in excess of this amount. Con- evidence of a policy, or insurance cer- tracts for delivery at future intervals tificate where State insurance laws or may be terminated as to the undeliv- regulations permit such certificates to ered portion, and the purchaser shall be issued in lieu of a policy, reflecting be chargeable only for that proportion such coverage has been delivered to the of the total cost which the goods or debtor within 30 days after the speci- services delivered bear to the total fied date of delivery of the item pur- goods called for by the contract. (This chased or the signing of a cash loan is in addition to the right to rescind agreement. certain credit transactions involving a (h) If the loan or contract agreement security interest in real estate pro- provides for payments in installments, vided by section 125 of the Truth-in- each payment, other than the down Lending Act, Pub. L. 90–321 (15 U.S.C. payment, shall be in equal or substan- 1601) and § 226.9 of Regulation Z (12 CFR tially equal amounts, and installments part 226). shall be successive and of equal or sub- stantially equal duration. Subpart F—Fort Lewis Land Use (i) If the security for the debt is re- Policy possessed and sold in order to satisfy or reduce the debt, the repossession and SOURCE: 51 FR 11723, Apr. 7, 1986, unless resale will meet the following condi- otherwise noted. tions: (1) The defaulting purchaser will be § 552.84 Purpose. given advance written notice of the in- (a) This regulation establishes proce- tention to repossess; dures governing entry upon the Army (2) Following repossession, the de- training areas on Ft. Lewis, WA, des- faulting purchaser will be served a ignated in § 552.84(c) of this section. complete statement of his obligations (b) These procedures have been estab- and adequate advance notice of the lished to ensure proper use of these sale; Army training areas. Uninterrupted

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military use is vital to maintain and access permit except as outlined in improve the combat readiness of the § 552.87(c) of this section. Procedures US Armed Forces. In addition, condi- are described in §§ 552.91 and 552.92. tions exist within these training areas (2) Authorized Department of Defense which could be dangerous to any unau- (DOD) patrons enroute to or using thorized persons who enter. DPCA recreational areas (appendix A) (c) This regulation governs all use of are not required to possess a permit. the Ft Lewis Military Reservation out- Travel to and from DPCA recreational side cantonment areas, housing areas, use areas is restricted to the most di- Gray Army Airfield, Madigan Army rect route by paved or improved two Medical Center, and recreational sites lane roads, and direct trail access. controlled by the Director of Personnel Other travel in the range complex is and Community Activities (DPCA). governed by this regulation. The areas governed are designated on (3) Recreational use of CTAs without the overprinted 1:50,000 Ft Lewis Spe- permit is authorized only for DOD per- cial Map as Impact Areas, lettered sonnel of Ft. Lewis and their accom- Close-In Training Areas (CTAs), or panied guests. Driving Privately Owned numbered Training Areas (TAs), and Vehicles (POV) in the CTAs is re- are hereafter referred to as the range stricted to paved or improved gravel complex. A full sized map is located at roads, except for direct trail access to the Ft Lewis Area Access Office, Bldg. DPCA recreational areas at Shannon T–6127. Marsh and Wright’s Lake. Other rec- § 552.85 Applicability. reational activities authorized in the CTAs for DOD personnel without per- This regulation is applicable to all mit are walking, jogging and pic- military and civilian users of the range nicking at established picnic sites. complex. (4) Organizations or groups whose au- § 552.86 References. thorized recreational activity is of such a nature as to require special ad- (a) AR 405–70 (Utilization of Real Es- vanced confirmed commitments from tate). Ft. Lewis for land, including Scout (b) AR 405–80 (Granting Use of Real Camporees, seasonal or one-time re- Estate). gional meets, and so on, must apply to (c) AR 420–74 (Natural Resources— the Ft. Lewis Area Access Section in Land, Forest, and Wildlife Manage- writing. If the area is available, the re- ment). (d) FL Reg 215–1 (Hunting, Fishing, quest will be forwarded to the Director and Trapping). of Engineering and Housing (DEH) for (e) FL Reg 350–30 (I Corps and Fort lease processing. Not less than 180 days Lewis Range Regulations). are required for processing of these spe- (f) DA Form 1594 (Daily Staff Journal cial requests. Organizations or groups or Duty Officer’s Log). whose activity requires military equip- (g) HFL Form 473 (Range, Facility, ment or other special support from Ft. and Training Area Request). Lewis must also apply in writing. If a permit is granted, the special assist- § 552.87 General. ance request will be coordinated by the (a) Military training. All use of the Ft. Public Affairs and Liaison Office Lewis range complex for military (PALO). Sample request guide and training is governed by FL Reg 350–30. mailing address are available for the Military training always has priority Access Section. for use of the range complex. (5) All other recreational uses require (b) Hunting. Hunting, fishing, and a permit in accordance with this regu- trapping on Ft. Lewis are governed by lation. FL Reg 215–1. (d) Commerical use. Individuals or or- (c) Recreational use. (1) All individuals ganizations using the range complex or organizations, military or civilian, for profit-generating activities must desiring access to the range complex possess a Real Estate Agreement. Re- for recreational purposes must apply quests for Real Estate Agreements for and possess a valid Ft. Lewis area must be directed to the Real Property

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Branch, DEH, IAW AR 405–80. Real Es- § 552.88 Responsibilities. tate Agreements issued after publica- (a) DPTM. Operate the Ft. Lewis tion of this regulation will require Real Area Access Section as a part of Range Estate Agreement holders to notify the Control. Area Access Section of their entry onto, and departure from, the range (b) Law Enforcement Command. Pro- complex. Profit generating activities vide law enforcement and game warden include individuals or organizations patrols to respond to known or sus- that collect fees for services or that pected trespassers or other criminal ac- sell materials collected from the range tivity on the range complex. complex. Proposed timber sales require (c) DEH. Coordinate with the Ft. prior coordination with the Director of Lewis Area Access Section (thru Plans, Training and Mobilization DPTM) all Real Estate Agreements, (DPTM) to ensure that access can be timber sales, wildlife management, granted for the appropriate areas and construction, and other DEH or Corps times. of Engineers managed actions occur- (e) Installation service and mainte- ring on the range complex. Ensure all nance. DOD personnel and contractual Real Estate Agreements issued after personnel on official business are au- publication of this regulation require thorized on the Ft. Lewis Military Res- Real Estate Agreement holders to no- ervation range complex as provided in tify the Area Access Section of their appendix B. Access to hazard areas for entry onto, and departure from, the such personnel is governed by FL Reg range complex. 350–30. (d) DPCA. Manage the Installation (f) Non-DOD personnel in transit. Indi- Hunting, Fishing, and Trapping pro- viduals in transit along State or Coun- grams in conjunction with DEH Wild- ty maintained roads or roads des- life. Manage those picnic and recre- ignated for public access by the Instal- ation sites located in the range com- lation Commander require no special plex, as listed in appendix A. permits. These routes are listed in ap- (e) PALO. Make initial public release pendix B. of Ft. Lewis Land Use Policy and area (g) Trespassers. Persons or organiza- access procedures, and provide periodic tions entering or using the Ft. Lewis updates through media. Act as inter- range complex outside one of the ac- face, when necessary, to resolve com- cess channels described above are tres- munity relations issues related to land passing on a controlled-access federal use. Coordinate special assistance re- reservation and are subject to citation quests per § 552.86(b). Inform DPTM of by the military police. Trespassers public response to policy execution. may be barred from subsequent author- ized access to the installation, and will § 552.89 Activities. be subject to the provisions of this sec- tion. (a) Examples of authorized activities (h) Failure to comply. Any person who are listed in appendix C. enters the range complex of the Ft. (b) Activities listed in appendix D are Lewis Military Reservation without not authorized on Ft. Lewis and no per- the consent of the Commanding Officer mit will be issued. or his designated representative is in violation of the provisions of this regu- § 552.90 Permit office. lation. Offenders may be subjected to DPTM Range Control operates the administrative action or punishment Ft. Lewis Area Access Section in Bldg under either the Uniform Code of Mili- T–6126 to issue permits and grant non- tary Justice (UCMJ) or title 18 U.S.C. training acess to the range complex. 1382, of title 50 U.S.C. 797, as appro- The office is open 0700–1900 hours, seven priate to each individual’s status. Ad- days a week, for permit processing and ministrative action may include sus- access control. At other hours, Range pension or loss of recreational privi- Operations will take calls for access leges, or permanent expulsion from the only. Ft. Lewis Military Reservation.

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§ 552.91 Individual permit procedures. (d) Other group write-in requests (a) Individuals desiring area access may be authorized for extraordinary for authorized activities (see appendix circumstances. C) must register in person at the Ft. § 552.93 Permit deadline and duration. Lewis Area Access Section, Bldg T– 6127. Minimum age is 18 years, except (a) Permits will be issued 0700–1900 for active duty military personnel. In- hours daily and may be obtained no dividuals under 18 years of age must be earlier than six months prior to the sponsored and accompanied by a parent event date. Permits for authorized ac- or legal guardian. tivities may be requested and issued on (b) Individual registration requires: the day of the event, but must be in (1) Picture ID. hand prior to individual or group entry (2) Personal information including on to the range complex. Social Security Number. (b) Permits for one-time events are (3) Vehicle identification and license valid for the duration of the event. number, if a vehicle is to be brought on Otherwise, permits are valid for six post. months and are not renewable. When a (4) Names and ages of minor family permit expires, the holder must re- members who will accompany a reg- apply as described in this section. istered person. (c) Access hours are thirty minutes (5) Liability release signature. after daylight to thirty minutes before (6) Certification that intended activi- dark, except for authorized overnight ties are on the authorized list and are activities and as outlined in FL Reg not for-profit commercial activities. 215–1. Persons who submit false certificates are subject to prosecution in Federal § 552.94 Area access procedures. Court Under 5 U.S.C. 1001, and the pro- (a) Holders of current permits desir- visions of this section. ing access must call the Ft. Lewis Area (c) A permit and a vehicle pass will Access Section on the date of entry at be issued to each person authorized the telephone numbers listed on the area access. The permit is not transfer- permit and state the area to be en- able. Entry to the range complex with- tered, estimated time of entry, and es- out the issued permit is forbidden. timated time of departure. This check- (d) Individual write-in requests may in may also be done in person at the be authorized for extraordinary cir- Ft. Lewis Area Access Section, Bldg T– cumstances. 6126. Procedures for permits and access for hunting and trapping are outlined § 552.92 Group permit procedures. on FL Reg 215–1. (a) A collective permit will be issued (b) The Ft. Lewis Area Access Sec- to an organization desiring to conduct tion will determine whether the area is a group event. The group leader must available and, if so, authorize entry. If register in person at the Ft. Lewis the area is not open for permit holders, Area Access Section, Bldg T–6127, and and an alternate area cannot be pro- must be 21 years of age or older except vided, access will be denied. All calls for active duty military personnel. and actions will be recorded on DA (b) Group registration requires the Form 1594 (Daily Staff Journal or Duty information listed in § 552.91, except Officer’s Log). that a legible list of names of all per- (c) Permit holders must call or visit sons in the group is required in lieu of the Ft. Lewis Area Access Section im- the names and ages of minors. mediately after leaving the authorized (c) Group permits will be issued with area to obtain checkout clearance. If a the requirement that all members of checkout is not received within three the group will be with the leader hours after the estimated time of de- throughout the event. If the group parture, the Ft. Lewis Area Access Sec- plans to separate while still on post, tion will call the contact phone num- sub-group leaders must be appointed ber in the permit holder’s record and, if and must each obtain a permit as noted necessary, initiate a search through in this section. The group leader per- the Military Police Desk. Permit hold- mit is not transferable. ers who fail to call out twice will be

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barred from area access for thirty days. § 552.97 Communications. A third failure to check out will result The Ft. Lewis Area Access Section in suspension of the permit for the re- communicates by telephone as noted mainder of its normal duration or nine- on the permit. Tactical FM contact ty days, whichever is longer. may be made through Range Oper- (d) Failure to comply with the provi- ations. sions of this paragraph shall subject all persons to the provisions of this sec- Subpart G—Firearms and tion. Weapons § 552.95 Compatible use. SOURCE: 53 FR 1752, Jan. 22, 1988, unless (a) Unit commanders may, during otherwise noted. training area scheduling, request that no permit holders be allowed in their § 552.98 Purpose. areas. Justification must be in the re- This regulation establishes the cri- marks column of HFL Form 473 teria for possessing, carrying, con- (Range, Facility and Training Area Re- cealing, and transporting firearms and/ quest). If this restriction is granted, or other deadly or dangerous weapons the Ft. Lewis Area Access Section will and instruments on Fort Stewart/Hun- close the appropriate areas. In the ab- ter Army Airfield (AAF) installations. sence of a trainer’s request for closure, the following military activities are § 552.99 Applicability. considered incompatible with non- (a) The provisions of this regulation training access and will, when sched- apply to all Department of Defense uled, block affected areas: (DOD) military; civilian personnel; (1) Live-fire training events with sur- U.S. Army Reserve/National Guard face danger zones falling into training (USAR/NG) personnel on post for active duty training or inactive training in areas. conjunction with Active Army ele- (2) Parachute and air assault oper- ments, military family members; civil- ations. ians employed on, visiting, or traveling (3) Field artillery firing. The num- through or on the Fort Stewart/Hunter bered training area occupied by the AAF installation. weapons will be closed. (b) This regulation will not become (4) Motorized infantry operations void in its entirety merely because one that will use the majority of the road part or portion thereof is declared un- net in a training area, traveling at constitutional or void. higher than normal speeds. (c) This regulation is punitive, Mili- (5) Training employing riot agents or tary violators of the regulations may smoke generating equipment. be prosecuted under the Uniform Code (b) The Range Officer may close of Military Justice or may be subject training areas based on multiple occu- to administrative action. Civilian vio- pation by large units. lators may be subject to administra- tive or judicial action under title 18, (c) Areas allocated to modern firearm United States Code, or title 16, Crimi- deer hunting are closed to training and nal Code of Georgia. recreational activities. When State Fish and Game pheasant release sites § 552.100 Definitions. can be isolated by swamps, streams, or (a) Ammunition. Projectiles together roads from the rest of a training area, with their fuses, propelling charges, multiple occupancy is authorized. and primers that are designed to be ex- pelled from a firearm. This includes § 552.96 Violations. any type of military and commercial Anyone observing violators of this or ammunition (ball, tracer, incendiary, other regulations must report the ac- blank, shotgun, black powder, and tivity, time, and location to the Ft. shot). Items shall only be considered as Lewis Area Access Section or the Mili- ammunition when loaded into a car- tary Police as soon as possible. tridge with its bullets and primer.

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(b) BB and pellet guns. Any type rifle, plosion, and the frame or receiver of pistol or other instrument designed or any such weapon. This does not include redesigned, made or remade, modified antique firearms, antique replicas, and or remodified to expel BBs or pellets by those modern firearms which have been springs, compressed air, CO2 or any rendered permanently incapable of other compressed gas cartridge. being fired. (c) Dangerous instruments. Any device (f) Knives, sabers, swords, and ma- which is designed or redesigned, made chetes. Any instrument having a sharp or remade, modified or remodified to be blade which is fastened to a handle, or used as an offensive or defensive weap- made with a handle. Measurement of on. Devices of this type include but are the blade will be from the tip of the not limited to: blade to the point where the blade (1) ‘‘Constant companion’’ or any meets the handle. This includes folding similar weapon, designed or redesigned, knives, switchblades, gravity knives, made or remade, modified or remodi- stilettos, lock blade knives, swords, sa- fied to be worn as a belt buckle, brass bers, and machetes. kunckles, ‘‘Knucklers,’’ and ‘‘Knucks.’’ (g) Machine gun and automatic weap- (2) Studded or spiked wrist bands, or on. A weapon designed or redesigned, any device designed or redesigned, made or remade, modified or remodi- made or remade, modified or remodi- fied to automatically fire more than fied to fit over the hand or wrist which one shot by a single pull of the trigger. can be used to cause grave bodily (h) Public gathering. Shall include, harm. but shall not be limited to, athletic or (3) Black jacks, slapjacks, slappers, sporting events, schools or school func- saps, including homemade substitutes, tions, churches or church functions, other bludgeons (with or without han- rallies, or establishments at which al- dles), and metal pipes. coholic beverages are sold for consump- (4) ‘‘Nanchaku’’ (num-chucks), two or tion on the premises. more sticks connected by rope, cord or chain and normally used as a martial (i) Shotgun. A weapon designed or re- arts weapon. ‘‘Shuriken’’, a disc or any designed, made or remade, and in- geometrical object designed to be tended to be fired from the shoulder; thrown as a weapon. ‘‘Manrikigusari’’ and designed or redesigned, made or re- or ‘‘Kusari,’’ a rope or cord joined to a made, to use the energy or the explo- weight at each end and designed to be sive in a fixed shotgun shell to fire used as a weapon. through a smooth bore either a number (5) Any finger ring with blades or of ball shot or a single projectile for sharp objects that are capable of being each single pull of the trigger. projected/extended from the surface of (j) Sawed-off shotgun. A shotgun or the ring. any weapon made from a shotgun (6) Any device capable and primarily whether by alteration, modification, or intended for discharging darts or nee- otherwise having one or more barrels dles. less than 18 inches in length or if such (7) All firearms. weapon as modified has an overall (d) Explosive, incendiary, and pyro- length of less than 20 inches. technic devices. Any type of military or (k) Sawed-off rifle. A weapon designed commercial explosive, incendiary, gas or redesigned, made or remade, and in- or smoke bomb, grenade, rocket, mis- tended to be fired from the shoulder; sile, mine, blasting cap, ‘‘dummy’’ and/ and designed or redesigned, made or re- or practice device such as simulators, made, to use the energy of the explo- and other similar detonating devices sive in a fixed metallic cartridge to fire which are capable of being altered to only as a single projectile through a contain a live charge, and pyrotechnic rifle bore for each single pull of the devices such as firecrackers, cherry trigger; and which has a barrel or bar- bombs, bottlerockets, and starclusters. rels of less than 16 inches or has an (e) Firearms. Any type of weapon overall length of less than 26 inches. which is designed or redesigned, made (l) Silencer. Any device used for sup- or remade, modified or remodified to pressing or diminishing the report of expel a projectile by action of any ex- any firearm.

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(m) Weapon. An instrument used in (d) Prohibited Possession and Storage. an offensive or defensive manner. It is prohibited for a person, military or civilian, to possess or store ammuni- § 552.101 Prohibitions. tion, firearms, knives with blades more (a) Prohibited items. It is prohibited to than 3 inches, bows and arrows, cross- possess, carry, conceal, transport, bows, and BB and pellet guns, in loca- store, transfer or sell any of the fol- tions other than those locations speci- lowing weapons or devices on, through fied in § 552.102, except under conditions or within the confines of Fort Stewart specified in § 552.103. Prohibited loca- and Hunter AAF installations unless tions for these items include, but are specifically allowed elsewhere in this not limited to, living spaces and com- regulation: mon areas of billets, squad rooms, pri- (1) Sawed-off shotgun. vately-owned vehicles, exterior storage (2) Sawed-off rifle. sheds, camper trailers, and offices. (3) Machine gun and automatic weap- Commanders will designate an arms ons. room and times for weapons turn-in. (4) Silencers. During periods when arms rooms are (5) Dangerous instruments as defined closed, the Staff Duty Officer (SDO) in § 552.100(c). will ensure the weapon is secured in ac- (6) Explosives, Incendiary and Pyro- cordance with (IAW) this regulation. A technic Devices, as defined in receipt will be given for each weapon § 552.100(d). received, reflecting the weapon’s make, (7) Knives with automatic blade serial number, identity of owner and openers (i.e., switch blades, gravity other data deemed appropriate. knives, stilettos) of any blade length. (e) Exemptions. Nothing in this regu- Folding or fixed bladed knives with a lation shall prohibit: blade length of more than 3 inches. (1) Military members or DOD civilian Swords, sabers, and machetes with employees from possessing or using sharpened blades. military weapons, military ammuni- (8) Any object which carries an elec- tion or explosives, or military devices trical current of sufficient wattage to in a lawful manner while in the per- deliver a shock to a person, such as formance of their military duties or for cattle prods, ‘‘taser’’ or ‘‘public defend- training or other authorized purposes, ers.’’ as prescribed by applicable Army Regu- (b) Carrying a concealed weapon. A lations. person commits the offense of carrying a concealed weapon when he/she know- (2) Military and DOD civilian per- ingly has or carries about his/her per- sonnel, while in the performance of of- son, unless in an open manner and fully ficial law enforcement duties, from exposed to view, any bludgeon, metal possessing or using government ammu- knuckles, firearm, or knife designed nition, explosives or devices in a lawful for the purpose of offense and defense, manner, as prescribed by applicable or any other dangerous or deadly weap- laws or regulations or by their lawful on or instrument of like character out- superiors. side of his/her home or place of busi- (3) Federal, state, county or local law ness. enforcement personnel, while in the (c) Carrying Deadly Weapons to or at performance of official law enforce- Public Gatherings. A person commits an ment duties, from possessing or using offense under this section when he/she government or privately-owned weap- carries to or while at a public gath- ons, ammunition, explosives or devices ering any explosive compound, firearm, in a lawful manner, as prescribed by or knife designed for the purpose of of- applicable laws or regulations or by fense and defense. This paragraph shall their lawful superiors. not apply to competitors participating (4) Government contractors, while in in organized sporting events, military performance of their contract from personnel in a formation when a weap- possessing or using weapons, ammuni- on is required, or to police/security per- tion, explosives or devices, IAW the sonnel while in performance of their provisions of their contract and as de- duties. termined by the Contracting Officer.

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(5) Individuals with Federal Firearms these state highways or stopping, other Licenses (Class III) from possessing, than for emergency purposes, while on carrying, and transporting Class III the installation is prohibited. weapons IAW Federal regulations; how- (b) Personnel residing in family hous- ever, they are prohibited from con- ing, BOQ, BEQ/VOQ and guest housing, cealing, storing, transferring, or selling may store legally-acquired, authorized Class III weapons within the confines ammunition, knives with a blade meas- of Fort Stewart and Hunter AAF. uring more than 3 inches, bows and ar- (6) Individuals from possessing, car- rows, registered crossbows, registered rying, transporting, or storing decora- BB and pellet guns and registered fire- tive, ornamental, and ceremonial arms within their quarters. swords and sabers within the confines (c) Personnel residing in troop billets of Fort Stewart and Hunter AAF when may store legally-acquired authorized used strictly for display and cere- ammunition, knives and blades meas- monies. When used as a cutting instru- uring more than 3 inches, bows and ar- ment, they become a prohibited item. rows, registered crossbows, registered (7) Individuals and agencies from pos- BB and pellet guns and registered fire- sessing, transporting, storing, selling, arms in unit arms rooms. The unit or using fixed bladed knives with a arms room should utilize a standard blade length of more than 3 inches weapons card and log book to docu- when used for their lawful purpose (i.e., ment storage, removal, and return. steak knives, cooking knives, hunting (d) Persons using weapons borrowed knives) and when in compliance with from another must have the docu- all other requirements in this regula- mentation required in § 552.103(a) as ap- tion. plicable in their possession when car- § 552.102 Requirements for possession rying, transporting or using the weap- and use. on on the installation. DOD military and civilian personnel, (e) Persons under the age of 17 must their family members, USAR/NG per- be accompanied by a person over the sonnel and civilians employed on, vis- age of 21 who will be responsible for iting or traveling through this installa- compliance with the requirements of tion may possess legally-defined and this regulation while hunting or target privately-owned firearms, ammunition, shooting on the installation and when BB and pellet guns, knives, bows and purchasing legal arms (including arrows, and crossbows under the fol- knives with blades over 3 inches) and lowing conditions: ammunition from installation retail (a) Privately-owned firearms, cross- outlets. bows, BB and pellet guns possessed or (f) Persons must be in compliance stored on the installation must be reg- with federal and state laws regarding istered at the installation Provost possession (i.e., age, criminal record re- Marshal’s Office within three working strictions, etc.) days after arrival on the installation, (g) Storage, accountability and reg- or after obtaining the weapon, except: istration procedures will be IAW Army (1) Firearms legally brought onto the Regulation 190–11 and supplements. installation for the purpose of hunting or firing at an approved firing range, § 552.103 Requirements for carrying and use. and only for the period of time the per- son possessing the firearms is hunting Persons legally authorized to possess or firing on the range. firearms, ammunition, knives (with (2) Firearms carried by federal, state, blades longer than 3 inches), bows and county or local law enforcement per- arrows, and crossbows, may carry or sonnel when in the performance of offi- transport legally possessed and reg- cial law enforcement duties. istered (if required) weapons under the (3) Firearms carried or transported, following conditions. in full compliance with Georgia State (a) For purposes of hunting: From Laws, on Georgia State Highways 119 quarters, on or off the installation, by and 144 by personnel traveling through the most direct route to hunting area the installation only. Travel off of or Pass and Permit Office and return.

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Stopping at other installation facili- currently used landing or stage fields); ties while enroute is prohibited (i.e., any ammunition storage area (except Post Exchange, Club, offices, etc.). In- on approved firing range when properly dividual must have in his/her posses- authorized). sion weapon registration (if applica- (4) Persons not affiliated with DOD ble), valid state hunting license, valid or this installation must remain on Fort Stewart hunting permit and an Georgia State Highways 119 and 144 area access pass (if applicable). when carrying or transporting weapons (b) For purposes of target shooting, through the installation and must be selling the weapon or having the weap- in full compliance with Georgia State on repaired: From quarters by the most Law governing possession, use and direct route to approved range or to transportation of said weapons. Travel the location where the weapon is to be off of these highways or stopping, for sold or repaired and returned. Stopping other than emergency purposes, while at other installation facilities while on the installation, is prohibited. enroute is prohibited. Individual must have in his/her possession at all times § 552.104 Disposition of confiscated/ his/her registration (if applicable). seized weapons. (1) When carried, weapons will be car- ried in an open manner (not concealed). All weapons, ammunition, explosives Firearms will be unloaded when carried or other devices defined in this regula- (i.e., projectiles physically separated tion, that are confiscated pursuant to from the firearms, not just removed the commission of a crime or violation from the chamber), except when actu- of this or other regulation or found un- ally engaged in hunting or shooting. secured/unattended on the installation, Knives will be carried in a sheath or will be immediately turned over to the scabbard worn in a clearly visible man- military police, U.S. Army Criminal ner. Commanders may authorize the Investigation Command (USACIDC), or carrying of a privately-owned knife the Federal Bureau of Investigation with a blade over 3 inches to field duty, (FBI) for investigation, retention as provided it is carried IAW Victory evidence, or other lawful disposition. Standard and exposed in a sheath/scab- When retention for investigation or bard. The Provost Marshal may au- evidence is no longer required by mili- thorize the carrying of a privately- tary police, USACIDC, or other law en- owned, sheathed, lock blade knife on forcement or judicial agencies, the military and DOD police officers’ pistol items will be disposed of under the pro- belts. visions of AR 195–5, Evidence Proce- (2) When transported in a vehicle, dures. weapons will be in plain view in the passenger area of the vehicle or secured (locked) in the trunk or other rear Subpart H—Regulation Controlling compartment of the vehicle, not read- the Access to the Fort Lewis ily accessible from the passenger area Main Cantonment Area and (i.e., locked tool box secured to bed of Prohibiting Certain Conduct a truck). Firearms will be unloaded and Upon Fort Lewis Military Res- the ammunition physically separated ervation from the firearms. The glove compart- ment of a vehicle is NOT an authorized compartment for storing pistols. SOURCE: 52 FR 25862, July 9, 1987, unless (3) Firearms, bows and arrows, cross- otherwise noted. Redesignated at 53 FR 1752, bows, BB and pellet guns will not be Jan. 22, 1988. loaded, fired or used within the canton- § 552.105 Purpose. ment areas of the installation; within 50 yards of any public highway, street (a) This regulation establishes proce- or Fort Stewart numbered road or dures governing access control require- across same; within 100 yards of any ments for the Main Cantonment Area, designated recreation area, managed Fort Lewis, Washington, and prohibits waters, building or similar structures; certain forms of conduct upon the Fort any aircraft landing facility (to include Lewis Military Reservation.

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(b) These procedures and require- Training Areas, or numbered Training ments have been established in con- Areas. A full sized map is located at junction with other efforts to improve the Fort Lewis Area Access Office, the physical security of the Fort Lewis Building T–6127. As defined, the Main Military Reservation. It is essential Cantonment Area includes, but is not that entrance to, and exit from, the in- necessarily limited to, those areas of stallation be made only at controlled the installation containing Govern- access points, and that certain forms of ment housing areas, schools, medical conduct be restricted. facilities, troop billets, the installation (c) This regulation governs all access command and control facilities, Gray to the Main Cantonment Area of the Army Air Field, Madigan Army Med- Fort Lewis Military Reservation, in- ical Center, and certain recreational cluding, but not limited to, all housing sites controlled by the Director of Per- areas, Gray Army Air Field, and Mad- sonnel and Community Activities. igan Army Medical Center. It further (3) Entry of the general public into prohibits all persons from engaging in the Main Cantonment Area at any lo- certain forms of conduct anywhere on cation other than through established the Fort Lewis Military Reservation. manned access control points is strict- ly prohibited. For the purposes of this § 552.106 Applicability. regulation, entry includes the entrance This regulation is applicable to all of the person, or the insertion of any persons, both military and civilian, part of his body, or the introduction of who enter the Fort Lewis Military Res- any unauthorized material. ervation. (b) Trespassers. Persons entering or § 552.107 References. remaining upon the Main Cantonment Area of the Fort Lewis Military Res- (a) AR 190–5 (Motor Vehicle Traffic ervation in violation of this regulation Supervision) are trespassing on a closed federal res- (b) AR 190–52 (Countering Terrorism ervation and are subject to citation by and Other Major Disruptions on Mili- the military police. Trespassers may be tary Reservations) barred from subsequent access to the (c) AR 210–7 (Commercial Solicita- installation and will be subject to the tion on Army Installations) provisions of this regulation. A person (d) AR 210–10 (Administration) violates this regulation when he enters (e) Fort Lewis Supplement 1 to AR or remains upon the Main Cantonment 190–5 (Motor Vehicle Traffic Super- Area when he is not licensed, invited, vision) (f) I Corps and Fort Lewis Installa- or otherwise authorized to so enter or tion Security and Closure Plan remain. All such persons are tres- (g) HFL Form 1138 (Fort Lewis Vis- passers for the purpose of this regula- itor Pass) tion. (c) Prohibited Activities. Department § 552.108 General. of Defense policy permits commanders (a) Access controls. (1) Fort Lewis is a to prohibit any expressive activity closed post. Access to the installation which could interfere with or prevent is limited to persons with prior ap- the orderly accomplishment of the in- proved permission to enter. stallation’s mission, or which presents (2) Public access into the Main Can- a clear danger to the loyalty, discipline tonment Area of Fort Lewis is con- or morale of their soldiers. Therefore, trolled through a series of static secu- unless the prior approval of the instal- rity posts manned by sentries empow- lation commander or his designated ered to grant or deny access to persons representative has been obtained, no and material. The ‘‘Main Cantonment person while on the Fort Lewis Mili- Area’’ is that area of the Fort Lewis tary Reservation shall: Military Reservation shown on the (1) Engage in protests, public speech- overprinted 1:50,000 Fort Lewis Special es, sit-ins, or demonstrations pro- Map (DMA Stock No. V791SFTLEWIS) moting a political point of view. excluding those areas designated there- (2) Engage in partisan political cam- on as Impact Areas, lettered Close-In paigning or electioneering.

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(3) Display or distribute commercial vehicles, privately owned motor vehi- advertising or solicit business. cles registered in accordance with Fort (4) Interrupt or disturb a military Lewis Supplement 1 to Army Regula- formation, ceremony, class or other ac- tion (AR) 190–5, and pedestrians in pos- tivity. session of current active duty, retired, (5) Obstruct movement on any street, dependent, or DoD civilian identifica- sidewalk, or pathway without prior au- tion cards are authorized unimpeded thority. access to Fort Lewis during periods of (6) Utter to any person abusive, in- routine installation operations unless sulting, profane, indecent or otherwise prohibited or restricted by action of provocative language that by its very the Installation Commander. utterance tends to incite an immediate (b) Visitor access. All visitors to the breach of the peace. installation will report to the visitor’s (7) Distribute or post publications, information center where the visitor’s including pamphlets, newspapers, mag- name, vehicle license number, purpose azines, handbills, flyers, leaflets, and and duration of visit will be recorded other printed material, except through prior to granting access. Visitor’s regularly established and approved dis- passes for visitors to Madigan Army tribution outlets. Medical Center and the Logistics Cen- (8) Circulate petitions or engage in ter/Civilian Personnel Office will be picketing or similar demonstrations issued at the Madigan and Logistics for any purpose. Center gates respectively. (9) Disobey a proper request or order (c) Visitor’s passes. HFL Form 1138 by Department of Defense (DoD) police, (Fort Lewis Visitor Pass) valid for a military police, or other competent au- period not to exceed 24 hours unless thority to disperse or to leave the in- otherwise noted below, may be issued stallation. only when one or more of the following (d) Failure to comply. Any person who criteria is met. enters or remains upon the Main Can- (1) Personnel in possession of proper tonment Area of Fort Lewis Military orders directing temporary duty at Reservation when he is not licensed, Fort Lewis may be issued a visitor’s invited or otherwise authorized by the pass for periods not to exceed 13 days. terms of this regulation or who enters Personnel ordered to temporary duty or remains upon the Fort Lewis Mili- at Fort Lewis for periods in excess of 13 tary Reservation for a purpose of en- days but less than 90 days will be re- gaging in any activity prohibited by quired to obtain a temporary vehicle this regulation is in violation of the registration. provisions of the regulation. Violators (2) Persons visiting Fort Lewis mili- of this regulation may be subjected to tary personnel or their family members administrative action or criminal pun- may be issued visitor’s passes for peri- ishment under the Uniform Code of ods up to and including 13 days when Military Justice (UCMJ), title 18 U.S.C. personally requested by the military 1382, or title 50 U.S.C. 797, as appro- sponsor. priate to each individual’s status. Max- (3) Moving vans and commercial de- imum punishment under title 18 U.S.C. livery vehicles will be issued visitor’s 1382 is a fine of not more than $500 or passes after the operator displays a bill imprisonment for not more than six of lading or other official documenta- months, or both. Maximum punish- tion demonstrating a legitimate need ment under 50 U.S.C. 797 is a fine of to enter Fort Lewis. $5,000 or imprisonment for not more (4) Contract vehicles not qualifying than one year, or both. Administrative for installation vehicle registration action may include suspension of ac- pursuant to Fort Lewis Supplement 1 cess privileges, or permanent expulsion to AR 190–5 will be issued a visitor’s from the Fort Lewis Military Reserva- pass as provided in paragraph (c) of tion. this section, after the purpose of the visit has been verified by the Con- § 552.109 Routine security controls. tracting Officer’s Representative, or (a) Unimpeded access. Military vehi- the Contractor when the former is not cles, emergency vehicles, mail delivery available.

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(5) Prior to issuing a visitor’s pass to § 552.111 Severability. unsponsored personnel who desire to visit unit areas, club facilities and If a provision of this Regulation is other recreational facilities, security declared unconstitutional, or the appli- personnel will telephonically contact cation thereof to any person or cir- the person to be visited. If the person cumstance is held invalid, the constitu- to be visited cannot be contacted to tionality or validity of every other pro- verify the visit, the visitor will be de- vision of this Regulation shall not be nied entry. Unsponsored personnel de- affected thereby. siring to visit the Fort Lewis Museum may be issued a visitor’s pass valid Subpart I—Physical Security of until museum closing time on day of Arms, Ammunition, and Explo- issue, provided security personnel tele- sives—Fort Lewis, Washington phonically contact the museum and verify the hours of public operation that day prior to issuing the visitor’s SOURCE: 56 FR 25040, June 3, 1991, unless pass. otherwise noted. (6) Soldiers, dependent family mem- bers, and Department of the Army em- § 552.112 Purpose. ployees who sponsor visitors to the in- To provide enhanced security for the stallation remain responsible for the protection of arms, ammunition, explo- conduct of their guests on Fort Lewis sives (AA&E) and sensitive items at for the duration of the visit. Fort Lewis. (d) Heightened security controls. Access control measures implemented during § 552.113 References. periods of enhanced security will be in This regulation is to be used in con- accordance with AR 190–52 and the I junction with the following: Corps and Fort Lewis Installation Se- (a) AR–190–11 with Forces Command curity and Closure Plan. During peri- ods of heightened security controls, and Training Command Supplement 1 sponsors may be required to personally (Physical Security of Arms, Ammuni- report to the Visitor’s Information tion and Explosives). Center to accept responsibility for the (b) AR 190–13 with Forces Command visitor. and Training Command Supplement 1 (The Army Physical Security Pro- § 552.110 Requests for exception. gram). The installation commander or his (c) Fort Lewis Regulation 210–1 (In- deputy may grant exceptions to the stallation Fort Lewis Post Regula- prohibitions contained in paragraph tions). (c)(4) of this section. An application for (d) Headquarters Fort Lewis Form exception shall be submitted to the in- 816 (Registration of Personal Fire- stallation Public Affairs Liaison Offi- arms). cer at least seven days prior to the date of the requested activity. The ap- § 552.114 Violations. plication must be in writing, and must Violations of the provisions of this specify the particular activity pro- regulation are subject to disciplinary posed, the names of the persons and or- actions under the Uniform Code of ganizations sponsoring the activity, Military Justice, judicial action as au- the number of participants, and the thorized by state or federal law, or ad- time, date and specific place or places ministrative action as provided by con- the requester proposes the activity occur. In addition, the application trolling regulation. shall be signed by the requester or by a § 552.115 Applicability. representative of the requesting orga- nization, if any, and contain an address This regulation is applicable to all and local telephone number where the Active Army, Reserve Officer Training requester or representative can be Corps (ROTC), U.S. Army Reserve reached in the event further informa- (USAR), and Army National Guard tion is needed. (ARNG) units training and/or assigned/

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attached to Fort Lewis and its sub-in- Form 3749 (Equipment Receipt), will be stallations. This regulation also ap- turned in and the weapon will be signed plies to tenant units/activities sta- out on Headquarters Fort Lewis Form tioned on Fort Lewis. It is also applica- 938 (Weapons/Ammunition and Sen- ble to all persons, both military and ci- sitive Item Issue and Turn-In Reg- vilian, who reside on or who otherwise ister). The armorer will provide the enter Fort Lewis Military Reservation owner with a copy of Headquarters for whatever reason. Fort Lewis Form 816 (Registration of Personal Firearms), which will remain § 552.116 Privately owned weapons— with the weapon at all times. When the security. weapon is turned back in to the arms Privately owned arms and ammuni- room, the HFL Form 816 will be turned tion will be secured in the manner re- in also. quired for military weapons and ammu- nition but separate from military § 552.119 Registration and storage. arms, ammunition, and explosives (a) All types of personal weapons to (AA&E) items. include rifles, shotguns, handguns and antique firearms owned by personnel § 552.117 Disposition of Commander’s residing on Fort Lewis Military Res- Letter of Authorization. ervation will be registered at the The unit commander’s written ap- Weapons Registration Office, Law En- proval to withdraw privately owned forcement Command, within 72 hours weapons from the unit arms room will (three working days) after signing in to be attached to the record of the next his/her permanent unit of assignment. weekly arms, ammunition, and explo- HFL Form 816, Registration of Per- sive (AA&E) inventory. Following is a sonal Firearms, will be completed in Sample Request for Authorization to triplicate. The unit commander is re- Withdraw Weapon from Arms Room: sponsible for verifying proof of legal ownership paperwork on all data en- Office Symbol llllllllllllllll Date lllllllllllllllllllll tered on HFL 816. The Military Police Memorandum for Commander of unit Weapons Registration Section will re- concerned, Fort Lewis, WA 98433 tain two copies of the completed reg- Subject: Request Authorization to Re- istration form and issue one copy to move Privately Owned Firearm/ the individual to be retained with the Weapon from the Unit Arms Room weapon at all times. The Weapons Reg- 1. Request authorization to remove istration Section will forward one copy the following firearm/weapon reg- of the form to the individual’s unit istered in my name from the arms commander. The commander’s copy of room. The firearm/weapon is a the registration will be maintained in lllll (type) and serial number is the unit arms room for personnel stor- llllllll. ing personal weapons in the unit arms 2. The firearm/weapon will be re- room. When an individual possessing a moved on lllll (date) and returned personal weapon transfers (intra-in- on lllll (date). stallation), the losing commander will 3. The reason for removal is ensure that HFL Form 816 is forwarded to the gaining commander. The gaining . lllllllllllllllllllllll commander will ensure that the indi- (Name/rank/unit/signature of individual vidual re-registers the personal weapon making request) within 72 hours (three working days). Office Symbol 1st End SFC Jones/ The commander of 525th Replacement mmm/telephone CDR, Unit concerned, Fort Lewis, WA 98433 Detachment is responsible for the stor- FOR (individual making request plus com- age of personal weapons of newly arriv- plete address) Approval is granted. ing personnel, temporarily assigned to (Signature block of authorizing official) the unit. Personnel residing off post who wish to bring personal weapons on § 552.118 Issuance from unit arms post are also required to register those room. weapons. Weapons registration forms When privately owned weapons are (HFL 816) will be turned in at the withdrawn from the arms room, DA Weapons Registration Section when

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clearing post. Upon any sale or transfer erning possession and use of privately of a registered weapon, the transaction owned weapons. will be immediately reported within 72 (d) Weapons stored in unit arms hours (three working days) to the Reg- rooms may be issued to registered own- istration Office. For additional guid- ers only for authorized hunting or par- ance on weapon registration, refer to ticipation in authorized target prac- Fort Lewis Regulation 210–1. tices or matches. Request for issue of a (b) All soldiers are required to inform privately owned weapon from the arms the unit commander if they are storing room must be in writing indicating the privately owned weapons within a 100 inclusive dates and times, reasons and mile radius of Fort Lewis. Soldiers re- serial number of weapon for issue. siding off-post must inform the unit of Weapons stored in the unit arms rooms the location of the weapon(s). Those may not be issued to anyone other than weapons must be registered if they are the registered owner. to be brought onto the installation for (e) Properly registered privately any type of authorized use. owned weapons may be kept at the (c) Privately owned weapons of sol- owners assigned government family diers residing in the unit billets, Bach- quarters if approved in writing by the elor Enlisted Quarters (BEQ), or Bach- unit commander. One copy of the com- elor Officer Quarters (BOQ), will be pleted HFL Form 816 will be main- stored in the assigned unit arms room tained on file in the unit arms room. under the following provisions: Intra-post transfer rules as stated in (1) Commanders may authorize their paragraph (a) of this section apply. personnel who reside in billets, BEQ or (f) Privately owned weapons with a BOQ to store privately owned weapons maximum of 100 rounds of ammunition in the off post quarters of another (per weapon) may be stored in the unit member of his/her unit or in the quar- arms room. Weapons and ammunition ters of immediate family members re- will be stored separately. The owner of siding in the area. a privately owned weapon will be Family members will be considered issued a hand receipt when the weapon sponsors for paragraph (b) (2) thru (5) and/or ammunition is turned in to the of this section. arms room. The owner will return the (2) A unit member who resides off hand receipt when the weapon and/or post may sponsor a maximum of one ammunition is removed from the arms unit member who resides in billets, room for any reason. BEQ or BOQ for storage of privately (g) Weapons cancellation and instal- owned weapons. lation clearance will be as follows: (3) Request to store weapons off post (1) Commander will ensure that pri- must be submitted in writing to the vately owned weapons registered with unit commander, indicating the name, Weapons Registration Section are de- exact address and phone number of the registered during the outprocessing or proposed unit sponsor. Request must be when legally disposed of. accompanied by a written authoriza- (2) Individuals who register a pri- tion from the sponsor to store the vately owned weapon and legally dis- weapons, and a copy of HFL 816. Re- pose of the weapon while it is still reg- quest must be kept on file in the unit istered will surrender the registration arms room until legal disposition of certificate to the Weapons Registra- the weapon is presented to the unit tion Section at the time of disposal commander. along with appropriate disposition doc- (4) Civilians (except for immediate uments. family residing in the area) and mili- tary dependents will not be considered § 552.120 Possession and control. as sponsors to store privately owned weapons for military members. (a) Possession of weapons on the post (5) Unit commanders have the re- by civilians is prohibited with the fol- sponsibility to verify the off post loca- lowing exceptions: tion for off post storage requests and (1) Engaged in authorized hunting. ensure that military members comply (2) Engaged in authorized target with both local and state laws gov- practice.

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(3) Engaged in authorized and orga- (b) Any incendiary devices, military nized shooting matches. ammunition and/or explosives. (b) Request for authorization for (c) Any weapons not legally obtained. these exceptions will be submitted in (d) Any instrument commonly used writing to the Commanding General, I in the practice of martial arts, for ex- Corps and Fort Lewis. Prior coordina- ample, a nunchaku, except during the tion for the use of ranges will be made legitimate martial arts training. If through the Range Control Officer or martial arts use is authorized, storage Range Scheduling. Civilians who fail to of these instruments during non- comply with this regulation are subject training periods will be in a location to charges of Trespassing, Unlawful other than the arms room, as designed Discharge of a Firearm, and other by the unit commander for soldiers re- criminal offenses as applicable. siding in troop billets, BEQ or BOQ. (c) Military or civilian personnel are Martial arts instruments may be not authorized to bring personal weap- stored in assigned government family ons into field training sites. quarters during nontraining periods. (d) Carrying of concealed privately (e) Any weapons on which the name owned weapons by either military or of the manufacturer, serial number of civilian personnel is prohibited while identification have been changed, al- on the Fort Lewis Military Reservation tered, removed or obliterated unless regardless of whether a state or county done for legitimate repair or part re- permit has been obtained. For the pur- placement. pose of this regulation, a concealed weapon is any instrument used or de- § 552.122 Personnel not authorized to signed to be used in an offensive or de- possess or retain personal weapons. fensive manner which is carried in such (a) Possession, retention or storage a way as to be hidden from ordinary of personal weapons or ammunition by view. Folding knives with a blade of person(s) described below is prohibited: three inches or less are specifically ex- cluded from this definition. Request to (1) Any person who has been con- carry concealed weapons will be sub- victed in any court of a crime of vio- mitted in writing, with full what and lence. For the purpose of this regula- why justification, to the Commanding tion, a crime of violence is one in General, I Corps and Fort Lewis, which the use of force or threat of force through appropriate channels. is an element. (2) Any person who is a fugitive from § 552.121 Possession or retention of justice. prohibited weapons. (3) Any person who has been con- Prohibited weapons are defined as: victed in any court of the possession, (a) Any instrument or weapon of the use, or sale of marijuana, dangerous or kind usually known as a sling shot, narcotic drugs. sand club, metal knuckles, spring blade (4) Any person who is presently de- knife, or any knife from which the clared as mentally incompetent or who blade is automatically released by a is presently committed to any mental spring mechanism or other mechanism institution. or other mechanical device, or any (5) Any civilian, or other than a mili- knife having a blade which opens, falls, tary family member or a law enforce- or is effected into position by force of ment officer authorized to carry the gravity or an outward thrust or cen- weapon under state or federal law, trifugal movement, or any knife with a while on Fort Lewis or a sub-installa- blade with a length in excess of three tion, except while hunting or engaged inches. This does not include knives de- in authorized target practice or an or- signed for and used during hunting and ganized match, unless specifically au- fishing activities. However, such thorized in writing by the Commanding knives may only be carried while par- General, I Corps and Fort Lewis. ticipating in those activities. The pos- (b) Any person under the age of session of knives kept in quarters and eighteen is prohibited from the use of designed for the use in the preparation firearms unless accompanied and su- of food is authorized. pervised by a parent or legal guardian.

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(c) Delivery of a personal handgun to description of the weapon to Com- persons known to be under the age of mander, I Corps and Fort Lewis, ATTN: twenty-one, persons known to have AFZH-PMS-P, Fort Lewis, WA 98433– been convicted of a crime or violence, 5000. A copy of this notification will be persons known to be a drug abuser or maintained with the weapon pending under the influence of drugs, persons final disposition. known to be an alcoholic or currently under the influence of alcohol or a per- Subpart J—Control of Firearms, son known to be of unsound mind, is Ammunition and Other Dan- prohibited. gerous Weapons on Fort Gor- § 552.123 Storage of personal weapons don other than firearms or handguns. Privately owned weapons, such as SOURCE: 56 FR 37130, Aug. 2, 1991, unless knives, swords, air guns, BB guns, cross otherwise noted. bows, pellet guns, bow and arrows, of personnel residing the unit billets will § 552.126 Definitions. be stored in a separate locked con- For the purpose of this part, the fol- tainer, within a secured storage area lowing definitions apply: designated for this purpose by the unit (a) Ammunition. Projectiles together commander, in a location other than with their fuses, propelling charges, the unit arms room. and primers that are designed to be ex- pelled from a firearm. This includes § 552.124 Transportation of privately any type of military and commercial owned weapons and ammunition. ammunition (ball, trace, incendiary, (a) Privately owned firearms and am- blank, shotgun, black powder, and munition will be transported in the fol- shot). Items shall only be considered as lowing manner: ammunition when loaded into a car- (1) Weapons, other than weapons tridge with its bullet and primer. being transported into Fort Lewis for (b) Pellet and BB Guns. Any type rifle, the first time, may be carried in vehi- pistol, or other instrument designed or cles only when traveling to and from redesigned, made or remade, modified an authorized hunting area during or remodified to expel BBs or pellets by hunting seasons or enroute to or from springs, compressed air, CO2, or any authorized target practice and other compressed gas cartridge. matches. (c) Dangerous Instruments. Any device (2) The carrying of loaded privately which is designed or redesigned, made owned weapons in a vehicle is prohib- or remade, modified or remodified to be ited. used as an offensive or defensive weap- (3) Privately owned weapons carried on. Devices of this type include but are in a vehicle will be secured in the not limited to: trunk or encased and carried in such a (1) ‘‘Constant companion’’ or any manner that they will not be readily similar weapon, designed or redesigned, available to the driver or passenger. made, or remade modified or remodi- (b) Personnel who remove privately fied to be worn as a belt buckle, brass owned weapons from Fort Lewis or sub- knuckles, ‘‘Knucklers,’’ and ‘‘Knucks.’’ installations will comply with applica- (2) Studded or spiked wrist bands, or ble Federal, state, and local laws per- any device designed or redesigned, taining to the ownership, possession made or remade, modified or remodi- and/or registration of weapons. fied to fit over the hand or wrist which can be used to cause grave bodily § 552.125 Disposition of confiscated harm. weapons. (3) Blackjacks, slapjacks, slappers, Commanders will maintain con- saps, including homemade substitutes, fiscated weapons in the unit arms room other bludgeons (with or without han- pending final disposition. They will dles), and metal pipes. provide written notification of the cir- (4) ‘‘Nanchaku’’ (num-chucks), two or cumstances or loss or recovery of such more sticks connected by rope, cord, or weapons and a complete and accurate chain and normally used as a martial

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arts weapon. ‘‘Shuriken’’, a disc or any gun or rifle shall be determined by geometrical object designed to be measuring the distance between the thrown as a weapon. ‘‘Manrikiqusari’’ muzzle and the face of the bolt, breech, or ‘‘Kusari,’’ a rope or cord joined to a or breechlock when closed and when weight at each end and designed to be the shotgun or rifle is cocked. The used as a weapon. ‘‘Sai’’ fighting forks overall length of a weapon made from a or other similar weapons. shotgun or rifle is the distance between (5) Any finger ring with blades or the extreme ends of the weapon meas- sharp objects that are capable of being ured along a line parallel to the center projected/extended from the surface of line of the bore. the ring. (f) Knives, sabers, swords, and ma- (6) Any device capable and primarily chetes. Any instrument having a sharp intended for discharging darts or nee- blade which is fastened to a handle, or dles. made with a handle. Measurement of (7) All firearms. the blade will be from the tip of the (8) Slingshots (not including small blade to the point where the blade slingshots made for use by children), meets the handle. This includes folding other missile throwing devices, or any knives, switchblades, gravity knives, other instrument designed to produce stilettos, lock blade knives, swords, sa- bodily harm. bers, and machetes. (d) Explosive, incendiary, and pyro- (g) Machine gun and automatic weap- technic devices. Any type of military or on. Any weapon which shoots, is de- commercial explosive, incendiary, gas signed to shoot, or can be readily re- or smoke bomb, grenade, rocket, mis- stored to shoot automatically more sile, mine, blasting cap, ‘‘dummy’’ and/ than one shot without manual reload- or practice device such as simulators, ing, by a single function of the trigger. and other similar detonating devices The term shall also include the frame which are capable of being altered to or receiver of any such weapon, any contain a live charge, and pyrotechnic part designed and intended solely and devices such as firecrackers, cherry exclusively, or combination of parts bombs, bottlerockets, and starclusters. designed and intended, for use in con- (e) Firearms. (1) A shotgun having a verting a weapon into a machine gun, barrel or barrels of less than 18 inches and any combination of parts from in length. which a machine gun can be assembled (2) A weapon made from a shotgun, if if such parts are in the possession or such weapon as modified has an overall under the control of a person. length of less than 26 inches or a barrel or barrels of less than 18 inches in (h) Pistol. A weapon originally de- length. signed, made, and intended to fire a (3) A rifle having a barrel or barrels projectile (bullet) from one or more of less than 16 inches in length. barrels when held in one hand, and hav- (4) A weapon made from a rifle if ing: such weapon as modified has an overall (1) A chamber(s) as an integral length of less than 26 inches or a barrel part(s) of, or permanently aligned with, or barrels of less than 16 inches in the bore(s). length. (2) A short stock designed to be (5) A machine gun. gripped by one hand and at an angle to (6) A muffler or a silencer for any and extending below the line of the firearm whether or not such firearm is bore(s). included within this definition. The (i) Public gathering. Shall include, but term shall not include an antique fire- shall not be limited to, athletic or arm or any device (other than a ma- sporting events, schools or school func- chine gun) which, although designed as tions, churches or church functions, a weapon, by reason of the date of its rallies, or establishments at which al- manufacture, value, design, and other coholic beverages are sold for consump- characteristics is primarily a collec- tion on the premises. tor’s item and is not likely to be used (j) Revolver. A projectile weapon, of as a weapon. For purpose of this defini- the pistol type, having a breechloading tion, the length of the barrel on a shot- chambered cylinder so arranged that

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the cocking of the hammer or move- knives, stilettos) of any blade length. ment of the trigger rotates it and Folding or fixed bladed knives with a brings the next cartridge in line with blade length of more than 3 inches. the barrel for firing. Swords, sabers, and machetes with (k) Rifle. A weapon designed or rede- sharpened blades. signed, made or remade, and intended (8) Any object which carries an elec- to be fired from the shoulder. Also, de- trical current of sufficient wattage to signed or redesigned and made or re- deliver a shock to a person, such as made to use the energy of the explosive cattle prods, stun guns, ‘‘taser’’ or in a fixed cartridge to fire only a single ‘‘public defenders.’’ projectile through a rifled bore for (9) Umbrellas, canes, or walking each single pull of the trigger, and sticks with sharpened points or remov- shall include any such weapon which able handles which convert into a may be readily restored to fire a fixed sword type instrument. cartridge. (b) Carrying a concealed weapon. A (l) Shotgun. A weapon designed or re- person commits the offense of carrying designed, made or remade, and in- a concealed weapon when he/she know- tended to be fired from the shoulder; ingly has or carries about his/her per- and designed or redesigned, made or re- son, unless in an open manner and fully made, to use the energy or the explo- exposed to view, any bludgeon, metal sive in a fixed shotgun shell to fire knuckles, firearm, or knife designed through a smooth bore either a number for the purpose of offense and/or de- of projecting (ball shot) or a single pro- fense, or any other dangerous or deadly jectile for each single pull of the trig- weapon or instrument of like character ger and shall include any such weapon outside of his/her home or place of which may be readily restored to fire a business. fixed shotgun shell. (c) Carrying deadly weapons to or at (m) Silencer. Any device for silencing, public gatherings. A person commits an muffling, or diminishing the report of a offense under this section when he/she portable firearm, including any com- carries to, or possesses while at, a pub- bination of parts, designed or rede- lic gathering any explosive compound, signed, and intended for the use in as- firearm, or knife designed for the pur- sembling or fabricating a firearm si- pose of offense and/or defense. This lencer or firearm muffler, and any part paragraph shall not apply to necessary intended only for use in such assembly equipment for military personnel in a or fabrication. formation when a weapon is required, (n) Weapon. An instrument used in an or to police/security personnel while in offensive or defensive manner. performance of their duties. (d) Prohibited possession and storage. It § 552.127 Prohibitions. is prohibited to possess or store ammu- (a) Prohibited items. It is prohibited to nition, firearms, knives with blades possess, carry, conceal, transport, more than 3 inches, bows and arrows, store, transfer or sell any of the fol- crossbows, and BB and pellet guns, in lowing weapons or devices, on, locations other than those specified in through, or within the confines of Fort § 552.128 except under conditions speci- Gordon unless specifically allowed else- fied in § 552.129. Prohibited locations for where in this part: these items include, but are not lim- (1) Sawed-off shotgun. ited to, living spaces and common (2) Sawed-off rifle. areas of billets, squad rooms, privately- (3) Machine gun and automatic weap- owned vehicles, exterior storage sheds, ons. camper trailers, and offices. Com- (4) Silencers. manders will designate an arms room (5) Dangerous instruments as defined and times for weapons turn-in. During in § 552.126(c) of this part. periods when arms rooms are closed, (6) Explosives, Incendiary and Pyro- the Staff Duty Officer (SDO) will en- technic Devices, as defined in sure the weapon is secured in accord- § 552.126(d) of this part. ance with (IAW) this subpart. A receipt (7) Knives with automatic blade will be given for each weapon received, openers (i.e., switch blades, gravity reflecting the weapon’s make, serial

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number, identity of owner and other steak knives, cooking knives, hunting data deemed appropriate. knives) and when in compliance with (e) Carrying of straight razors, unless all other requirements in this subpart. the razor is in the original sealed pack- (8) Flares used for emergency warn- age, is prohibited. ing devices in automobiles may be (f) Exemptions. Nothing in this sub- transported in the locked trunk or part shall prohibit: glove compartment of an automobile. (1) Military members or DOD civilian employees from possessing or using § 552.128 Requirements for possession military weapons, military ammuni- and use. tion or explosives, or military devices All persons entering or otherwise on in a lawful manner while in the per- Fort Gordon may possess legally-de- formance of their military duties while fined and privately-owned firearms, acting under orders of superior mili- ammunition, pellet and BB guns, tary authority, for training, or other knives, bows and arrows, and crossbows authorized purposes, as prescribed by under the following conditions: applicable Army Regulations. (a) Privately-owned firearms, cross- (2) Military and DOD civilian per- bows, pellet and BB guns possessed or sonnel, while in the performance of of- stored on the installation must be reg- ficial law enforcement duties, from istered at the Installation’s Provost possessing or using government ammu- Marshal Office within 3 working days nition, explosives or devices in a lawful after arrival on the installation, or manner, as prescribed by applicable after obtaining the weapon, except: laws or regulations or by their lawful superiors. (1) Firearms legally brought onto the (3) Federal, state, county or local law installation for the purpose of hunting enforcement personnel, while in the or firing at an approved firing range, performance of official law enforce- and only for the period of time the per- ment duties, from possessing or using son possessing the firearms is hunting government or privately-owned weap- or firing on the range. ons, ammunition, explosives or devices (2) Firearms carried by federal, state, in a lawful manner, as prescribed by county, or local law enforcement per- applicable laws or regulations or by sonnel when in the performance of offi- their lawful superiors. cial law enforcement duties. (4) Government contractors, while in (b) Personnel residing in family hous- performance of their contract from ing, bachelor officers’ quarters/bach- possessing or using weapons, ammuni- elor enlisted quarters/visiting officer tion, explosives or devices, IAW the quarters (BOQ/BEQ/VOQ) and guest provisions of their contract and as de- housing, may store legally-acquired, termined by the contracting officer. authorized ammunition, knives with a (5) Individuals with Federal firearms blade measuring more than 3 inches, licenses (class III) from possessing, car- bows and arrows, registered crossbows, rying, and transporting class III weap- registered pellet and BB guns, and reg- ons IAW Federal regulations; however, istered firearms within their quarters. they are prohibited from concealing, (c) Personnel residing in troop billets storing, transferring, or selling class may store legally-acquired authorized III weapons within the confines of Fort ammunition, knives and blades meas- Gordon. uring more than 3 inches, bows and ar- (6) Individuals from possessing, car- rows, registered crossbows, registered rying, transporting, or storing decora- pellet and BB guns and registered fire- tive, ornamental, and ceremonial arms in unit arms rooms. The unit swords and sabers within the confines arms room should utilize a standard of Fort Gordon when used strictly for weapons card and log book to docu- display and ceremonies. ment storage, removal, and return. (7) Individuals and agencies from pos- (d) Persons 17 or under must be ac- sessing, transporting, storing, selling, companied by a person over the age of or using fixed bladed knives with a 21, who will be responsible for compli- blade length of more than 3 inches ance with the requirements of this sub- when used for their lawful purpose (i.e., part while hunting or target shooting

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on the installation and when pur- from the chamber), except when actu- chasing legal arms (including knives ally engaged in hunting or shooting. with blades over 3 inches) and ammuni- Knives will be carried in a sheath or tion from installation retail outlets. scabbard worn in a clearly visible man- (e) Persons must be in compliance ner. Commanders may authorize the with federal and state laws regarding carrying of a privately-owned, knife possession (i.e., age, criminal record re- with a blade over 3 inches to field duty. strictions, etc.). The provost marshal may authorize the (f) Storage, accountability, and reg- carrying of a privately-owned, istration procedures will be in accord- sheathed, lock blade knife on military ance with (IAW) Army Regulation (AR) and DOD police officers’ pistol belts. 190–11 (Physical Security of Arms, Am- (2) When transported in a vehicle, munition and Explosives) and supple- weapons will be in plain view in the ments. Copies of the AR may be ob- passenger area of the vehicle or secured tained from the National Technical In- (locked) in the trunk or other rear formation Service, 5285 Port Royal compartment of the vehicle, not read- Road, Springfield, VA 22161. ily accessible from the passenger area (g) Loss or theft of firearms and am- (i.e., locked tool box secured to bed of munition will be reported to the Fort a truck). Firearms will be unloaded and Gordon military police desk sergeant the ammunition physically separated immediately. Reports will contain all from the firearms. THE GLOVE COM- available details of the incident and a PARTMENT OF A VEHICLE IS NOT description of the lost item. AN AUTHORIZED COMPARTMENT § 552.129 Requirements for carrying FOR STORING PISTOLS. and use. (3) Firearms, bows and arrows, cross- bows, pellet and BB guns will not be Persons legally authorized to possess loaded, fired, or used within any hous- firearms, ammunition, knives (with ing area or cantonment area of the in- blades longer than 3 inches), bows and stallation; within 50 yards of any pub- arrows, and crossbows, may carry or lic highway, street or Fort Gordon transport legally possessed and reg- istered (if required) weapons under the named street or numbered road, or following conditions: across same; within 100 yards of any (a) For purposes of hunting: From designated recreation area, managed quarters, on or off the installation, by waters, building or similar structures; the most direct route to hunting area any aircraft landing facility; any am- and return. Stopping at other installa- munition storage area (except on ap- tion facilities while en route is prohib- proved firing ranges when properly au- ited (i.e., post exchange, club, offices, thorized); be discharged from vehicles. etc.). Individual must have in his/her § 552.130 Disposition of confiscated/ possession weapon registration (if ap- seized weapons. plicable), valid state hunting license, valid Fort Gordon hunting permit and All weapons, ammunition, explosives, an area access pass (if applicable). or other devices defined in this sub- (b) For purposes of target shooting, part, that are confiscated pursuant to selling the weapon or having the weap- the commission of a crime or violation on repaired: From quarters by the most of this subpart or other regulation or direct route to approved range or to found unsecured/unattended on the in- the location where the weapon is to be stallation, will be immediately turned sold or repaired and returned. Stopping over to the military police, U.S. Army at other installation facilities while en Criminal Investigation Command route is prohibited. Individual must (USACIDC), or the Federal Bureau of have in his/her possession at all times Investigation (FBI) for investigation, his/her registration (if applicable). retention as evidence, or other law dis- (1) When carried, weapons will be car- position. When retention for investiga- ried in an open manner (not concealed). tion or evidence is no longer required Firearms will be unloaded when carried by military police, USACIDC, or other (i.e., projectiles physically separated law enforcement or judicial agencies, from the firearms, not just removed the items will be disposed of under the

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provisions of AR 195–5, Evidence Proce- (b) Unless an exception is approved dures. Copies of the AR may be ob- by the Chief of Staff or a Major Subor- tained from the National Technical In- dinate Commander for a special occa- formation Service, 5285 Port Royal sion, consumption of alcoholic bev- Road, Springfield, VA 22161. erages, or the possession of an open container thereof, is prohibited under Subpart K [Reserved] the circumstances listed in this sec- tion. For the purpose of this part, an Subpart L—Prohibited Personnel ‘‘alcoholic beverage’’ is any liquid bev- Practices on the Installation of erage containing any amount of ethyl Fort Jackson, South Carolina alcohol, including wines, malt bev- erages and distilled spirits. (1) By military personnel in uniform AUTHORITY: 10 U.S. Code, Ch. 47, 21 U.S. during duty hours (0730–1630). Code 801, et seq. (2) By military personnel during SOURCE: 59 FR 31144, June 17, 1994, unless their assigned duty hours when dif- otherwise noted. ferent than those in paragraph (b)(1) of § 552.150 Purpose. this section. (3) By civilian employees during This part is punitive in nature and applies to all persons assigned to, at- their assigned duty hours. Lunch time tached to, or present on the installa- is not considered duty time for civilian tion of Fort Jackson, South Carolina. employees. A violation of, attempted violation of, (4) By civilian or military personnel or solicitation or conspiracy to violate in places of duty. any provision of this part provides the (5) By any person in a public place, basis for criminal prosecution under except: in the Twin Lakes and Weston the Uniform Code of Military Justice, Lake Recreational Areas, in the imme- applicable Federal Law, other regula- diate vicinity of Oyster Point (Officers’ tions, and/or adverse administrative Club), at installation club facilities action. Civilian visitors may be barred governed by section II of AR 215–2, and from the installation of Fort Jackson at Army/Air Force Exchange Service and prosecuted under appropriate Fed- (AAFES) eating establishments which eral laws. The enumeration of prohib- serve alcoholic beverages for on-prem- ited activities in this part is not in- ises consumption. tended to preclude prosecution under (6) By any person in any Fort Jack- other provisions of law or regulation. son parking lot or parking area, to in- clude the Burger King parking lot and § 552.151 Scope. all parking lots of AAFES facilities This part does not list all activities and installation club facilities. or practices prohibited on the installa- (c) The presence of any person in a tion of Fort Jackson, South Carolina. training area or of any permanent Various other Army and Fort Jackson party soldier or civilian employee in a regulations specifically prohibit other trainee/receptee billeting area while activities or practices. See appendix A impaired by alcoholic beverages or ille- to this subpart. gal drugs is prohibited. For the purpose of this part, ‘‘Impaired by alcoholic § 552.152 Prohibited practices. beverages’’ for military personnel is The following activities are prohib- defined as having a blood alcohol level ited: of .05 percent (.05 is equivalent to 55 (a) The possession, delivery, sale, milligrams of alcohol per 100 milliliters transfer, or introduction into the in- of blood) or more. stallation of Fort Jackson of any de- (d) Privately Owned Firearms and vice, instrument or paraphernalia de- Ammunition. For the purpose of this signed or reasonably intended for use part, a ‘‘firearm’’ means any device in introducing into the human body a which is designed to or readily may be controlled substance, as defined in the converted to expel a projectile by the Controlled Substances Act, 21 U.S.C. action of an explosive. Air/pellet guns, 801, et seq., is prohibited. BB guns and bows are subject to all of

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the provisions of this paragraph except following privately owned weapons or paragraph (d)(1) of this section. devices is prohibited: (1) It is prohibited for persons resid- (1) Any knife having a switchblade or ing on the installation to fail to reg- automatic blade. ister privately owned firearms with (2) Brass knuckles or similar devices. their unit commander. (3) Blackjacks, saps, nunchaku and (2) Storage of privately owned fire- similar devices. As exceptions, arms in the barracks is prohibited. For nunchucks may be possessed for bona the purposes of this part, ‘‘barracks’’ fide educational instruction or com- does not include BOQs or SBEQs. petition in a recognized martial arts (3) It is prohibited to store privately program and may be carried and trans- owned firearms in BOQs, SBEQs, or ported directly to and from educational family quarters unless the firearm is and competitive martial arts events. unloaded, ammunition is stored sepa- (4) When carried on one’s person in rately from the firearm in a locked an unconcealed manner, knives with container, and one of the following blades in excess of three inches in methods for firearms storage is em- length except while engaged in author- ployed: by using a trigger locking de- ized hunting, fishing, camping or other vice, by storing the firearm in a locked outdoor recreational activities, or container, by removing the firing pin when required by duty purposes. from the firearm and storing the firing (5) When carried on one’s person in a pin in a locked container, or by dis- concealed manner, knives with blades assembling the firearm and storing the in excess of three inches, razors and ice disassembled parts in separate places. picks. For the purposes of this part a ‘‘locked (f) The charging of a usurious inter- container’’ and a ‘‘locking device’’ est rate, defined as a rate exceeding mean locked containers and locking thirty-six (36) percent per annum or devices the keys to which are stored in three (3) percent per month, for the a place not assessable to persons under loan of money or for the extension of 18 years of age. credit, is prohibited. (4) It is prohibited to carry on one’s (g) Sexual intercourse or any inde- person any privately owned firearm in cent, lewd or lascivious act in any of- a public place on the installation of fice, barracks, training area, duty loca- Fort Jackson unless participating in tion, parking lot, public recreation an authorized sporting activity or area or public place is prohibited. hunting in accordance with applicable (h) Relationships between service regulations. members of different rank or sex which (5) In addition to the requirements of involve or reasonably give the appear- paragraph (d)(4) of this section, a per- ance of partiality, preferential treat- son under 18 years of age is prohibited ment, the improper use of rank or posi- from carrying on his or her person a tion for any personal gain, or which firearm outside the presence of a re- can otherwise be reasonably expected sponsible adult. to undermine discipline, authority or (6) Carrying a concealed firearm on morale, are prohibited. one’s person, except by military, state (i) Being present in any ‘‘off-limits’’ and Federal law enforcement authori- or ‘‘limited access’’ areas, except as au- ties in the performance of their duties, thorized in Fort Jackson Regulation is prohibited. 190–3, is prohibited (See appendix A to (7) It is prohibited to transport in a this subpart). vehicle any privately owned firearm (j) Use of a metal detector for other except in a manner prescribed by the than official purposes is prohibited. laws of South Carolina. (k) When directed to do so by the (8) It is prohibited to carry on one’s Military Police, failure to relinquish person or transport in a vehicle any possession or control to the Military privately owned firearm within the Police of abandoned property found on Weston Lakes and Twin Lakes Recre- the installation is prohibited. ation areas. (l) Scavenging in or removal of waste (e) Weapons Other Than Privately items or recyclable materials from Owned Firearms. The possession of the dumpsters, garbage cans, outdoor trash

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receptacles, recycling collection sions of this regulation at the begin- points, or landfill areas is prohibited, ning of each training cycle. except for official purposes. This part (b) All permanent party personnel does not prohibit persons from col- and civilian employees will be re- lecting and disposing of scattered lit- minded annually of their duty to com- ter, including aluminum cans, from ply with this part. roadsides, parking lots and recreation areas. APPENDIX A TO SUBPART L OF PART (m) It is prohibited for military per- 552—PARTIAL LIST OF OTHER PUBLI- sonnel to engage in outside employ- CATIONS APPLICABLE ON FORT JACK- ment of any nature, including owner- SON WHICH LIST PROHIBITED PRAC- TICES ship or operation of a private business, without the prior written approval of These publications are available for inspec- their commander. Soldiers reassigned tion at the Office of the Staff Judge Advo- or reattached from one Fort Jackson cate, Fort Jackson, SC 29207–5000. unit to another Fort Jackson unit 1. Distribution of Written Materials on the must obtain approval for continued Installation—Fort Jackson Supplement 1 to AR 210–10. employment from the gaining com- 2. Demonstrations, Pickets, Sit-ins, etc.— mander within 30 days of reassignment. Fort Jackson Supplement 1 to AR 210–10. (n) Except as authorized by the In- 3. Standards of Ethical Conduct for Em- stallation Commander, Chief of Staff ployees of the Executive Branch, 5 Code of or a Major Subordinate Commander, Federal Regulations, part 2635. the use of radios, stereos, tape players, 4. Improper Associations—Fort Jackson Regulation 600–5. compact disk players or any other 5. Mistreatment of Soldiers-in-Training— similar electronic sound generating or Fort Jackson Regulation 350–1. amplification source, including equip- 6. Participation in Military Labor Unions— ment installed or located in motor ve- Army Regulation 600–20. hicles, in a manner that can be heard 7. Traffic Violations—Fort Jackson Regu- more than 125 feet from the source, is lation 190–5. prohibited. This paragraph does not 8. Areas of Access—Fort Jackson Regula- tion 190–3. apply to law enforcement or emergency vehicles, or safety warning devices. (o) Loitering in any public place on Subpart M—Land Use Policy for Fort Jackson, to include all parking Fort Lewis, Yakima Training lots, is prohibited. Loitering is defined Center, and Camp Bonne- as remaining idle in essentially one lo- ville cation, spending time idly, loafing, or walking around without a purpose in a AUTHORITY: 16 U.S.C. 470, 1531–1543; 18 public place in such a manner as to cre- U.S.C. 1382; 50 U.S.C. 797.

ate a disturbance or annoyance to the SOURCE: 59 FR 34762, July 7, 1994, unless comfort of any person, create a danger otherwise noted. of a breach of the peace, obstruct or interfere with any person lawfully in § 552.160 Purpose. any public place, or obstruct or hinder (a) This subpart establishes proce- the free passage of vehicles or pedes- dures for entry to maneuver training trians. Any person loitering as defined areas at Fort Lewis, Yakima Training above in any public place may be or- Center (YTC), and Camp Bonneville. dered by a law enforcement officer to Procedures for other sub-installations leave that place or the Fort Jackson to Fort Lewis will be developed by the military reservation. Commanders of those installations. (b) Uninterrupted military use of § 552.153 Dissemination. training areas is vital to the mainte- (a) Unit commanders and supervisors nance of US and Allied Armed Forces shall ensure that newly assigned or at- combat readiness. In addition, maneu- tached military and civilian personnel ver training areas may be dangerous to are informed of the prohibitions con- persons entering without warnings pro- tained in this regulation. Soldiers-in- vided during training scheduling or use training will be informed of the provi- permit processing.

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§ 552.161 References. rector of Engineering and Housing Real Property Branch. Requests for such ac- See appendix E to this subpart. tivities at Yakima Training Center § 552.162 Abbreviations. will be sent to the Yakima Training Center Commander for review and See appendix F to this subpart. processing. For Camp Bonneville, the entry point is the Vancouver Barracks § 552.163 Applicability. Commander. Corps of Engineers Real (a) This subpart is applicable to all Estate Agreements require up to 8 military and civilian users of the range months to process, and includes pay- complexes at Fort Lewis, Yakima ment of a $375.00 minimum administra- Training Center, and Camp Bonneville. tive fee, with actual costs determined (b) This subpart governs all use of on a case by case basis. Requests for the Fort Lewis, Yakima Training Cen- fundraisers in the cantonment area by ter and Camp Bonneville Military Res- private organizations are processed per ervations outside cantonment areas, AR 210–1 by the Director of Personnel housing areas, and recreational sites and Community Activities (DPCA). controlled by the Director of Personnel (d) Commercial use. Individuals or and Community Activities (DPCA). organizations using the range complex These areas are designated on the Fort for profit-generating activities must Lewis, Yakima Training Center and possess a Corps of Engineers Real Es- Camp Bonneville Military Installation tate Agreement. As stated above, these Maps as Impact Areas and lettered or agreements require up to 8 months to numbered Training Areas (TAs), and process and include a minimum admin- comprise the range complexes for each istrative fee of $375.00, with actual Installation. costs determined on a case by case basis. Entry point for these agreements § 552.164 General. is the DEH Real Property Branch. (a) Military training. Use of the Fort Profit-generating activities include Lewis, Yakima Training Center, and collection of fees for services per- Camp Bonneville range complexes for formed on the range complex, or sell- military training is governed by FL ing materials collected from the range Regs 350–30, 350–31, and 350–32. Sched- complex. Real Estate Agreement hold- uling is per FL Policy Statement 350–2. ers must check into the range complex Military training always has priority. daily by calling or coming to Area Ac- (b) Hunting. Hunting, fishing, and cess. trapping on the range complexes are (e) Installation service and mainte- governed by FL Reg 215–1 and the Yak- nance. Department of Defense (DoD) ima Training Center Hunting Letter of and contractor personnel on official Intent (LOI). business are authorized on the range (c) Fund raising. Fund raising events complex per appendix C to this subpart. for non-profit private organizations not Access to hazard areas for such per- affiliated with the Army or Fort Lewis sonnel is governed by the appropriate per AR 210–1 require a Corps of Engi- Installation Range Regulations. neers Real Estate Agreement. Requests (f) Non-DoD personnel in transit. In- for fund-raisers by such non-profit or- dividuals in transit across Fort Lewis ganizations, to be conducted on the on State or County maintained roads, Fort Lewis range complex, will be sent or roads designated for public access by to the Director of Plans, Training, and the Installation Commander, require Mobilization (DPTM) Range Division of no special permits. See appendix B to preparation of a DPTM staffing docu- this subpart. This measure does not ment. The document will be circulated apply at Yakima Training Center or for comment to Director of Personnel Camp Bonneville. and Community Activities (DPCA), (g) Alcoholic Beverages. No alcoholic Staff Judge Advocate (SJA), Public Af- beverages may be consumed on the fairs Officer (PAO), and Director of En- range complexes except as authorized gineering and Housing (DEH). If the per FL Reg 210–1. event can be supported, DPTM will ad- (h) Failure to comply. Persons enter- vise the organization to contact the Di- ing the Fort Lewis, Yakima Training

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Center, or Camp Bonneville range com- Fort Lewis Area Access, YTC DPCA, or plex without permit or scheduling, Camp Bonneville Range Control, as ap- which constitute the consent of the propriate, of range complex entry. Commanding Officer or his designated (f) DPCA. With DEH, manage Instal- representative, are in violation of this lation hunting, fishing, and trapping regulation and trespassing on a con- programs. Manage picnic and recre- trolled access Federal Reservation. Of- ation sites located in the Fort Lewis fenders may be cited by Military Police range complex, as listed in appendix A and may be subjected to administrative to this part. Advise DPTM on private action or punishment under either the organizations requesting use of the Uniform Code of Military Justice Fort Lewis range complex for fund- UCMJ) or Title 18 US Code Section raisers. 1382, or Title 50 U.S. Code Section 797, (g) Public Affairs Office (PAO). as appropriate to each individual’s sta- (1) Act as interface to resolve com- tus. Administrative action may include munity relations issues related to land suspension or loss of recreational privi- use. leges, or permanent expulsion from the (2) Coordinate equipment and special Military Reservations. assistance requests per § 552.165, and ad- vise DPTM or the appropriate Sub-In- § 552.165 Responsibilities. stallation Commander if permit re- (a) Commander, Yakima Training quirements have been waived by the Center: Command Group for a particular event (1) Schedule the Yakima Training or activity. Center range complex per FL Reg 350– (3) Inform DPTM or the appropriate 31 and FL PS 350–2. Sub-Installation Commander of public (2) Process requests for non-military, response to policy execution. non-commercial use per § 552.166. (b) Commander, Vancouver Barracks: § 552.166 Recreational use. (1) Schedule the Camp Bonneville (a) Fort Lewis: range complex per FL Reg 350–32 and (1) Individuals or organizations, mili- FL PS 350–2. tary or civilian, desiring access to the (2) Process requests for non-military, Fort Lewis range complex for recre- non-commercial use per Paragraph 6c. ation must obtain a Fort Lewis Area (c) Fort Lewis DPTM. Access permit, composed of HFL Form (1) Schedule the Fort Lewis range 652 and HFL Form 653. Exceptions are complex per FL Reg 350–30 and FL PS outlined below. 350–2, including allocation of and for (2) Exception 1: DoD ID card holders recreational use. enroute to or using DPCA recreational (2) Operate the Fort Lewis Area Ac- areas listed in appendix A to this sub- cess Section. part need no permit other than the ID (3) Respond to DEH coordination on card. However, travel to and from timber sales and other commercial use DPCA areas is restricted to the most of the range complex. direct paved or improved two lane (d) Law Enforcement Agency (LEC). roads. DoD personnel participating in Provide law enforcement and game non-commercial recreational activities warden patrols on the range complexes. listed in appendix C to this subpart (e) Director of Engineering and Hous- must have an Area Access permit. ing (DEH). (3) Exception 2: Organizations or (1) Coordinate with DPTM and the groups whose activity requires ad- appropriate Sub-Installation Com- vanced commitment of a specific site mander on Real Estate Agreements, or area, such as Scout Camporees, sea- timber sales, wildlife management, sonal or one-time regional meets, and construction, forest management, In- so on, must apply to the Fort Lewis stallation Training Area Management DPTM, ATTN: Range Division, in writ- (ITAM), and other DEH or Corps of En- ing. At least 30 days are required to gineers managed actions occurring on process these requests. If the requested the range complex use is allowable and an appropriate (2) Ensure that Real Estate Agree- area is available, DPTM may approve ment holders are required to notify the request. Groups with approved land

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commitments will be scheduled onto (1) Picture ID. the Range Complex using HFL 473. Ac- (2) Address and telephone number. tual commitments of land will not be (3) Vehicle identification and license made until after the Quarterly Range number, if a vehicle is to be brought on Scheduling Conference that covers the post. time period in question. Groups who (4) Names and ages of minor family need military equipment or other spe- members who will accompany a spon- cial support from Fort Lewis must sor or permit holder. apply in writing directly to the I Corps (5) Liability release signature. Public Affairs Office (PAO). (6) Certification that intended activi- (b) Yakima Training Center: Access ties are on the authorized list and are to the Yakima Training Center range not for profit or fund-raising. Persons complex for recreation requires appli- who submit false certificates are sub- cation in writing to the Commander, ject to prosecution in Federal Court Yakima Training Center, Yakima WA under Title 18, United States Code, 98901–9399. Camping is normally not Section 1001, and the provisions of permitted on Yakima Training Center. § 552.165 of this subpart. Exceptions may be granted by the Yak- (d) A wallet-sized permit (HFL Form ima Training Center Commander for 653) and a vehicle pass (HFL Form 652) special events. will be issued to each person author- (c) Camp Bonneville: Access to the ized access. The permit is not transfer- Camp Bonneville range complex for able. Entry to the Fort Lewis range recreation requires a call to Range complex without the permit is prohib- Control, telephone (206) 892–5800, the ited. day before or the day of the activity. (e) A collective permit will be issued Access will be permitted if no military to an organization desiring to conduct maneuver or live fire training is sched- a one-time group event not tied to a uled for the day requested. specific area or site, maximum length 3 days. The group leader must register in § 552.167 Activities. person at the Area Access Office and (a) Authorized activities are listed in must be 21 years of age or older except appendix C to this subpart. for active duty military personnel. (b) Prohibited activities are listed in (1) Group registration requires the appendix D to this subpart. information listed for individual per- mits above for the group leader(s), plus § 552.168 Fort Lewis Area Access Of- a list of names of all persons in the fice. group. (a) DPTM Range Division operates (2) Group permits require that all the Area Access Section to issue per- members of the group be with the lead- mits and grant non-training access to er throughout the event. If the group the range complex. plans to separate while on Fort Lewis, (b) Area Access is located in Range sub-group leaders must be appointed Control, Building T–6127, 19th and Ta- and must obtain separate group per- coma Streets, Main Post Fort Lewis. mits. The group leader permit is not Telephone numbers are (206) 967–4686/ transferable. 6277. Fax extension is 967–4520. E-mail (3) Events requiring commitment of is ‘‘rangeflw.’’ Business hours vary de- land must be processed per § 552.166. pendent on personnel fill, and are (f) Aside from the land commitment available by calling the above num- coordination time requirement in bers. § 552.166, there is no deadline for permit (c) Individuals desiring access for au- application. Permits for authorized ac- thorized activities must register in per- tivities that do not require commit- son at Area Access during business ment of land may be obtained on the hours. Minimum age is 18 years, except day of the event. for active duty military personnel. Per- (g) Group event permits for special- sons under 18 years of age must be ized one-time activities are valid for sponsored and accompanied by a parent the duration of the event, not to exceed or legal guardian. Individual registra- 3 days. Individuals activities permits tion requires: are valid for one year. When a permit

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expires, the holder must re-register to (b) The Installation Range Officer renew privileges, and a new permit will may also close training areas based on be issued. density of occupation by military (h) Access hours are 30 minutes after units, unit size, or training to be con- daylight to 30 minutes before dark, ex- ducted. cept for authorized overnight activities (c) Areas allocated to modern firearm and as outlined in FL Reg 215–1. deer hunting are closed to both train- (i) All permit holders must check in ing and other recreational activities. with Area Access, either telephonically At Fort Lewis, when pheasant release or in person, no earlier than 0800 the sites can be isolated by swamps, day prior to the event. It is the respon- streams, or roads from the rest of a sibility of each permit holder to inform training area, multiple use of the af- a friend or relative of the area being fected training area (TA) is authorized. used, the estimated time of return, and the vehicle being used. § 552.172 Violations. (j) Except when land commitment Anyone observing violators of this or has been coordinated and approved, other regulations must report the ac- Area Access will determine when called tivity, time, and location to the appro- for entry whether the area requested is priate Area Access Office or the Mili- available. If the requested area is not tary Police (MP) as soon as possible. open for permit holders and an alter- nate area cannot be provided or is not APPENDIX A TO SUBPART M OF PART acceptable to the requestor, access will 552—DPCA RECREATIONAL AREAS IN be denied. TRAINING AREAS 1. This listing applies to Fort Lewis only. § 552.169 Yakima Training Center Area There are no such facilities at Yakima Access Office. Training Center or Camp Bonneville. The Yakima Training Center DPCA 2. For DoD member use only, no permit other than ID card required. functions as the Area Access Officer NOTE: Use of specific sites is authorized (AAO). only to military, retired military, DoD civil- ian personnel, their family members and ac- § 552.170 Camp Bonneville Area Access companied guests. Office. Boat launch adjacent to Officer’s Club Beach Camp Bonneville Range Control on American Lake—Beachwood area (CBRC) functions as Area Access. Cat Lake Picnic and Fishing Area—Training Area 19 § 552.171 Compatible use. Chambers Lake Picnic and Fishing Area— Training Area 12 (See Para 3 below) (a) Military unit commanders may Fiander lake Picnic and Fishing Area— request during initial scheduling or Training Area 20 subsequent training event coordination Johnson Marsh—Training Area 10 that no permit holders be allowed in Lewis Lake Picnic and Fishing Area—Train- ing Area 16 areas they have scheduled for training. No Name Lake—Training Area 22 If this restriction is granted, the In- Sequalitchew Lake Picnic Area—Training stallation Range Control will close ap- Area 2 propriate areas. The following military Shannon Marsh—CTA D activities are considered incompatible Skeet Trap Range—2d Division Range Road, with non-training access and automati- CTA E cally close affected areas: Solo Point Boat Launch—North Fort, CTA A West (1) Live-fire training events with dan- Sportman’s Range—East Gate Road, Range ger zones extending into training 15 areas. Wright Marsh/Lake—CTA C (2) Parachute and air assault oper- Vietnam Village Marsh—Training Area 9 and ations. 10 (3) Field Artillery firing. The num- Spanaway Marsh—Training Area 9 bered training area occupied by the Sears Pond—Beachwood Housing Nisqually River—Training Area 18 weapons will be closed. 3. For non-DoD member use, permit re- (4) Training involving riot agents or quired: Chambers Lake and Nisqually River smoke generating equipment. for fishing only.

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4. The Solo Point road and the South Sani- DEH or Corps of Engineers Real Estate tary Fill roads are also open in an east-west Agreement for commercial use (AR 405– direction only to personnel of the 80) Weyerhaeuser Corporation and Lone Star Installation service and maintenance (AR Corporation, and their assigns, for business 420–74, FL Reg 350–30) or recreation access to adjacent Army owned Non-DoD personnel in transit on public-ac- real estate. cess routes (appendix B) non-commercial rec- reational use: APPENDIX B TO SUBPART M OF PART Hunting, fishing and trapping (FL Reg 215–1) 552—NON-PERMIT ACCESS ROUTES Dog training (not allowed 1 April through 31 July in selected areas per FL Reg 215–1) 1. This listing applies only to Fort Lewis. Horseback riding on roads and vehicle tracks There are no such routes on Yakima Train- Walking, distance running ing Center or Camp Bonneville. Model airplane and rocket flying (Range 2. The following public easement routes Control scheduling and Notice to Airmen may be used without permit or check-in: I-5. (NOTAM) required) Steilacoom-DuPont Road (ET 286163 or ET Model boating 301229). Orienteering Sport parachuting Pacific Highway Southeast (ET 231121 to ET Organized rifle and pistol competition 249143). (Range Control scheduling required) Washington State Route 507 (ET 363065 to ET Scout activities and weekend camporees 428146). Observation of wildlife and vegetation Goodacre and Rice Kandle Roads (ET 386090 Non-commercial picking of ferns, mush- to ET 449076). rooms, blackberries, apples and other 8th Avenue South (ET 424047 to ET 423127). vegetation 8th Avenue East (ET 439077 or ET 439128). Photography 208th Avenue (ET 423128 to ET 431128). Hiking Washington State Route 510 (ET 234065 to ET 2. Yakima Training Center: 246056 and ET 260048 to ET 272022). Military Training (FL Reg 350–31) Yelm Highway (ET 231058 to ET 238061). DEH or Corps of Engineers Real Estate Rainier Road Southeast (ES 167999 to ES Agreement for commercial use (AR 405– 212943). 80) Military Road Southeast (ES 212943 to ES Installation service and maintenance (AR 214945). 420–74) Spurgeon Creek Road (ES 177988 to ES Non-Commercial recreational use: 178999). Hunting, fishing and trapping (FL Reg 215–1) Stedman Road (ES 152989 to ES 167998). Dog training 3. The following military routes may be Horseback riding on roads and vehicle tracks used without permit ot check-in: Walking, distance running Model airplane and rocket flying (Range Huggins Meyer Road (North Fort Road, ET Control scheduling and Notice to Airmen 304204–ET 327215) (NOTAM required) East Gate Road (C–5 Mock-up to 8th Ave Orienteering South, ET 423097) Sport parachuting Roy Cut-off (Chambers Lake) Road (East Organized rifle and pistol competition Gate Road to Roy City Limits), when (Range Control scheduling required) open. Scout activities Lincoln Avenue (Old Madigan to ET 390179) Observation of wildlife and vegetation 4. The Solo Point Road is open to Photography Weyerhauser Corporation personnel for busi- Hiking ness and recreation. Camping, per Paragraph 6 5. DoD personnel and Fort Lewis con- 3. Camp Bonneville: tractor personnel on official business may Military Training (FL Reg 350–32) use all DEH-maintained range roads and DEH or Corps of Engineers Real Estate trails in the training areas. Agreement for commercial use (AR 405– 6. Range roads closed for training by barri- 80) cades or road guards will not be used. Barri- Installation service and maintenance (AR cades and guards will not be by-passed. 420–74) Non-Commercial recreational use: APPENDIX C TO SUBPART M OF PART Hunting, fishing and trapping (FL Reg 215–1) 552—AUTHORIZED ACTIVITIES FOR Dog training MANEUVER TRAINING AREA ACCESS Horseback riding on roads and vehicle tracks Walking, distance running 1. Fort Lewis: Model boating Military Training (FL Reg 350–30) Orienteering

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Organized rifle and pistol competition leases or permits, obtained through the (Range Control scheduling required) DEH Real Estate Office. Scout activities and weekend camporees Overnight camping except where specifically Observation of wildlife and vegetation permitted as part of the activity by the Non-commercial picking of ferns, mush- Commander, Yakima Training Center. rooms, blackberries, apples and other Consumption of alcoholic beverages. vegetation 3. Camp Bonneville: Photography Civilian paramilitary activities and combat Hiking games. NOTE: Permit holders for the above activi- Off-pavement motorcycle riding. ties must certify that they are non-commer- Off-road vehicle operation. cial and not for profit. Hang gliding. Ultralight aircraft flying. APPENDIX D TO SUBPART M OF PART Hot air ballooning. 552—UNAUTHORIZED ACTIVITIES IN Souvenir hunting and metal-detecting, in- MANEUVER TRAINING AREAS cluding recovery of ammunition residue or fragments, archaeological or cultural 1. Fort Lewis: artifacts, or geological specimens. Civilian paramilitary activities and combat Vehicle speed contests. games. Wood cutting or brush picking, without DEH Off-pavement motorcycle riding. or Corps of Engineer permit. Off-road vehicle operation. Commercial activities conducted for profit, Hang gliding. including horseback riding rentals or Ultralight aircraft flying. guide service, dog training for reimburse- Hot air ballooning. ment, or fund-raising events for other Souvenir hunting and metal-detecting, in- than non-profit organizations working in cluding recovery of ammunition residue the public good. Fund raisers require or fragments, archaeological or cultural DEH Real Estate Agreement. For-profit artifacts, or geological specimens. activities require Corps of Engineer Vehicle speed contests. leases or permits, obtained through the Wood cutting or brush picking, without DEH DEH Real Estate Office. or Corps of Engineer permit. Overnight camping. Consumption of alcoholic beverages. Commercial activities conducted for profit, Model airplane and rocket flying. including horseback riding rentals or Sport parachuting. guide service, dog training for reimburse- ment, or fund-raising events for other APPENDIX E TO SUBPART M OF PART than non-profit organizations working in the public good. Fund raisers require 552—REFERENCES DEH Real Estate Agreement. For-profit Army Regulations referenced in this sub- activities require Corps of Engineer part may be obtained from National Tech- leases or permits, obtained through the nical Information Services, U.S. Department DEH Real Estate Office. of Commerce, 5285 Port Royal Road, Spring- Overnight camping outside of DPCA sites field, VA 22161. (camping on DPCA sites is open to DoD Fort Lewis Regulations and forms ref- members only, per above). erenced in this subpart may be viewed at the Consumption of alcoholic beverages. Office of the Staff Judge Advocate General, 2. Yakima Training Center: Fort Lewis, Washington or at the Range Of- Civilian paramilitary activities and combat fice, Headquarters, I Corps and Fort Lewis. games. AR 210–1 (Private Organizations on Depart- Off-pavement motorcycle riding. ment of the Army Installations), with Off-road vehicle operation. Fort Lewis Supplement 1 Hang gliding. AR 405–70 (Utilization of Real Estate) Ultralight aircraft flying. AR 405–80 (Granting Use of Real Estate) Hot air ballooning. AR 420–74 (Natural Resources—Land, Forest, Souvenir hunting and metal-detecting, in- and Wildlife Management) cluding recovery of ammunition residue FL Reg 190–11 (Physical Security of Arms, or fragments, archaeological or cultural Ammunition, and Explosives) artifacts. FL Reg 210–1 (Fort Lewis Post Regulations) Vehicle speed contests. FL Reg 215–1 (Hunting, Fishing, and Trap- Commercial activities conducted for profit, ping) including dog training for reimburse- FL Reg 250–30 (I Corps and Fort Lewis Range ment, or fund-raising events for other Regulations) than non-profit organizations working in FL Reg 350–31 (Yakima Training Center the public good. Fund raisers require Range Regulations) DEH Real Estate Agreement. For-profit FL Reg 350–32 (Camp Bonneville Range Regu- activities require Corps of Engineer lations)

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FL Policy Statement 350–2 (Training Re- made by protesting, picketing, or any source Scheduling) other similar demonstration. HFL Form 473 (Training Resource Request) (c) The provisions of this subpart are HFL Form 652 (Range Control Vehicle Per- mit) applicable to all people, military and HFL Form 653 (Range Control Area Access civilian employees, and all visitors, Card) family members, or others, entering, upon or present at Aberdeen Proving APPENDIX F TO SUBPART M OF PART Ground. 552—ABBREVIATIONS § 552.213 Policy. AAO Area Access Officer AR Army Regulation (a) Aberdeen Proving Ground is a CBRC Camp Bonneville Range Control non-public forum and is open for expen- DEH Director of Engineering and Housing sive activity only under certain cir- DPCA Director of Personnel and Commu- cumstances. Aberdeen Proving Ground nity Activities is a military installation under the ex- DPTM Director of Plans, Training and Mo- clusive federal jurisdiction at which of- bilization FL Fort Lewis ficial business of the federal govern- ITAM Installation Training Area Manage- ment is conducted, including military ment training, testing of weapon systems LEC Law Enforcement Command and other military equipment, and LOI Letter of Intent other official business. MP Military Police (b) On Aberdeen Proving Ground, ex- PAO Public Affairs Office cept for activities authorized under 5 TA Training Area United States Code Chapter 71, Labor SJA Staff Judge Advocate UCMJ Uniform Code of Military Justice Management Relations, it is unlawful YTC Yakima Training Center for any person to engage in any public displays of opinions made by pro- Subparts N–O [Reserved] testing, picketing or any other similar demonstration without the approval of the Commander, U.S. Army Garrison, Subpart P—Protests, Picketing, Aberdeen Proving Ground. Therefore, and Other Similar Demonstra- unless prior approval has been obtained tions on the Installation of Ab- as outlined below in 32 CFR 552.214, it erdeen Proving Ground, will be unlawful for any person on Ab- Maryland erdeen Proving Ground to: (1) Engage in protests, public speech- AUTHORITY: 18 U.S.C. Sec. 1382. es, marches, sit-ins, or demonstrations promoting a point of view. SOURCE: 62 FR 33998, June 24, 1997, unless otherwise noted. (2) Interrupt or disturb the testing and evaluating of weapon systems, or § 552.211 Purpose. any training, formation, ceremony, This subpart establishes policies, re- class, court-martial, hearing, or other sponsibilities, and procedures for pro- military business. tests, pickeing, and other similar dem- (3) Obstruct movement on any street, onstrations on the Aberdeen Proving road, sidewalk, pathway, or other vehi- Ground installation. cle or pedestrian thoroughfare. (4) Utter to any person abusive, in- § 552.212 Scope. sulting, profane, indecent, or otherwise (a) The provisions of this subpart provocative language that by its very apply to all elements of U.S. Army utterance tends to excite a breach of Garrison, Aberdeen Proving Ground the peace. (USAGAPG), and the supported organi- (5) Distribute or post publications, zations and activities on the Aberdeen including pamphlets, newspapers, mag- and Edgewood Areas of Aberdeen Prov- azines, handbills, flyers, leaflets, and ing Ground. other printed materials, except (b) The provisions of this subpart through regularly established and ap- cover all public displays of opinions proved distribution outlets and places.

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(6) Circulate petitions or engage in § 552.215 Responsibilities. picketing or similar demonstrations (a) Director, Law Enforcement and for any purpose. Security, U.S. Army Garrison, Aber- (7) Engage in partisan political cam- deen Proving Ground, will furnish po- paigning or electioneering. lice support as needed. (8) Disobey a request from Depart- (b) Chief Counsel and Staff Judge Ad- ment of Defense police, other govern- vocate, U.S. Army Test and Evaluation ment law enforcement officials (e.g., Command, will provide a legal review Federal, State, or local law enforce- of the request. ment officials), military police, or other competent authority to disperse, § 552.216 Violations. move along or leave the installation. (a) A person is in violation of the (c) In appropriate cases, the Com- terms of this subpart if: mander, U.S. Army Garrison, Aberdeen (1) That person enters or remains Proving Ground may give express writ- upon Aberdeen Proving Ground when ten permission for protests, picketing, that person is not licensed, invited, or or any other similar demonstrations on otherwise authorized by the Com- Aberdeen Proving Ground property mander, U.S. Army Garrison, Aberdeen outside the gates adjacent to the in- Proving Ground pursuant to the terms stallation borders, only if the proce- of § 552.214; or dures outlined below in 32 CFR 552.214 (2) That person enters upon or re- are followed. mains upon Aberdeen Proving Ground for the purpose of engaging in any ac- § 552.214 Procedures. tivity prohibited or limited by this (a) Any person or persons desiring to subpart. protest, picket, or engage in any other (b) All persons (military personnel, similar demonstrations on Aberdeen Department of the Army civilian em- Proving Ground must submit a written ployees, civilians, and others) may be request to the Commander, U.S. Army prosecuted for violating the provisions Garrison, Aberdeen Proving Ground, of this subpart. Military personnel may ATTN: STEAP-CO, 2201 Aberdeen Bou- be prosecuted under the Uniform Code levard, Aberdeen Proving Ground, of Military Justice. Department of the Maryland 21005–5001. The request must Army civilian employees may be pros- be received at least 30 calendar days ecuted under 18 U.S.C. 1382, and/or dis- prior to the demonstration, and it ciplined under appropriate regulations. must include the following: Civilians and others may be prosecuted (1) Name, address, and telephone under 18 U.S.C. 1382. number of the sponsoring person or or- (c) Administrative sanctions may in- ganization. (If it is an organization, in- clude, but are not limited to, bar ac- clude the name of the point of contact.) tions including suspension of access (2) Purpose of the event. privileges, or permanent exclusion (3) Number of personnel expected to from Aberdeen Proving Ground. attend. (4) Proposed date, time, location and duration of the event. (5) Proposed means of transportation APPENDIX A TO PART 552—DPCA REC- to and from APG. REATIONAL AREAS IN TRAINING (6) Proposed means of providing secu- AREAS rity, sanitary services and related an- cillary services to the participants. 1. DOD use only, permit not required: (b) Based on the Commander’s con- NOTE. Use is authorized only to military, cerns for discipline, mission accom- retired military, DOD civilian personnel, plishment, protection of property, and their family members and accompanied guests. the safeguarding of the health, morale, and welfare of the APG community, Boat launch adjacent to Officer’s Club Beach on American Lake/Beachwood area the Commander will determine wheth- Cat Lake Picnic and Fishing Area—Training er to grant the request and, if granted, Area 19 any limitations as to where and when Chambers Lake Picnic and *Fishing Area— it will take place. Training Area 12 (See para 2 below)

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Ecology Park Hiking Path—North Fort, CTA use all DEH-maintained paved roads and two A West lane gravel roads in the training areas. The Fiander Lake Picnic and Fishing Area— use of one lane gravel lanes, or any estab- Training Area 20 lished road not identified above, must be co- Johnson Marsh—Training Area 10 ordinated with the Area Access Office prior Lewis Lake Picnic and Fishing Area—Train- to use except as specified in § 552.87(b)(2) ing Area 16 5. All range roads closed because of train- Miller Hill Trail Bike Area (DOD only)— ing activities will not be used until opened Main Post by the Range Officer. Such road closures will No Name Lake—Training Area 22 normally involve barricades and road guards. Sequalitchew Lake Picnic Area—Training Barricades and road guards placed by direc- Area 2 tion of Range Control may not be by-passed. Shannon Marsh—CTA D Skeet Trap Range—2d Division Range Road, APPENDIX C TO PART 552—AUTHORIZED CTA E ACTIVITIES FOR FORT LEWIS MANEU- Solo Point Boat Launch—North Fort, CTA A VER AREA ACCESS West Sportman’s Range—East Gate Road, Range Military Training (FL Reg 350–30) 15 DEH or Corps of Engineers Real Estate Wright Marsh/Lake—CTA C Agreement for commercial use (AR 405– Vietnam Village Marsh—Training Area 9 and 80) 10 Installation service and maintenance (AR 2. Non-DOD use, permit required: Cham- 420–74, FL Reg 350–30) bers Lake, fishing only. Non-DOD personnel in transit on public-ac- cess route only (appendix B) APPENDIX B TO PART 552—NON-PERMIT Non-Commercial recreational use: ACCESS ROUTES Hunting, fishing and trapping (FL Reg 215– 1) 1. The following public easement routes Dog training (not allowed 1 April through may be used without permit or check-in: 31 July in selected areas) I-5 Horseback riding on roads and vehicle Steilacoom-DuPont Road (EH 286156 to EH tracks 302227). Walking, distance running Pacific Highway Southeast (EH 232119 to EH Model airplane and rocket flying 250141). Model boating Washington State Route 507 (EH 363061 to EH Orienteering 429144). Sport parachuting Goodacre (unpaved) and Rice Kandle (paved) Organized rifle and pistol competition Roads (EH 386088 to EH 450074). Service group camping and activities (Boy 8th Avenue South (EH 424045 to EH 424126). Scouts, etc.) 8th Avenue East (EH 440074 to EH 440126). Observation of wildlife and vegetation 208th Avenue (EH 424126 to EH 432126). Non-Commercial picking of ferns, mush- Washington State Route 510 (EH 235063 to EH rooms, blackberries, apples and other 247054 and EH 261046 to EH 273020). miscellaneous vegetation Yelm Highway (EH 233056 to EH 239058). Photography Rainer Road Southeast (EG 167997 to EG Hiking 213941). Historical Trails Military Road Southeast (EG 213941 to EG 215944). APPENDIX D TO PART 552—UNAUTHOR- Spurgeon Creek Road (EG 178986 to EG IZED ACTIVITIES IN FORT LEWIS MA- 179997). NEUVER AREAS Stedman Road (EG 153987 to EG 167995). 2. The following military routes may be Civilian paramilitary activities and combat used without permit or check-in: games. Huggins Meyer Road (North Fort Road, EH Off-pavement motorcycle riding, except as 305202–EH 328213) noted in appendix A Off-road vehicle op- East Gate Road (C–5 Mock-up to 8th Ave eration. South—EH 328213) Hang gliding. 260th (EH 440074 to EH 457074) Ultralight aircraft flying. Roy cut-off (Chambers Lake) Road (East Hot air ballooning. Gate Road to Roy City Limits) Souvenir hunting and metal-detecting, in- Lincoln Avenue (Madigan to EH 391179) cluding recovery of ammunition residue 3. The Solo Point Road is open to of fragments, archaeological or cultural Weyerhauser Corporation personnel for busi- artifacts, or geological specimens. ness and recreation. Vehicle speed contests. 4. DOD personnel and Fort Lewis con- Wood cutting or brush picking, without DEH tractor personnel on official business may or Crops of Engineer permit.

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Commercial activities conducted for profit 553.27 Inscriptions on Government-fur- that require a Real Estate Agreement or nished headstones, niche covers, and me- commercial permit per AR 405–80, includ- morial markers. ing horseback riding rentals or guide 553.28 Private headstones and markers. service, and dog training for reimburse- 553.29 Permission to construct private ment. headstones and markers. 553.30 Inscriptions on private headstones PART 553—ARMY CEMETERIES and markers. 553.31 Memorial and commemorative monu- ments (other than private headstones or Sec. markers). Subpart A–Army National Military 553.32 Conduct of memorial services and ceremonies. Cemeteries 553.33 Visitors rules for Army National 553.1 Definitions. Military Cemeteries. 553.2 Purpose. 553.34 Soliciting and vending. 553.3 Statutory authorities. 553.35 Media. 553.4 Scope and applicability. 553.5 Maintaining order. Subpart B—Army Post Cemeteries 553.6 Standards for managing Army Na- tional Military Cemeteries. 553.36 Definitions. 553.7 Arlington Memorial Amphitheater. 553.37 Purpose. 553.8 Permission to install utilities. 553.38 Statutory authorities. 553.9 Assignment of gravesites or niches. 553.39 Scope and applicability. 553.10 Proof of eligibility. 553.40 Assignment of gravesites or niches. 553.11 General rules governing eligibility for 553.41 Proof of eligibility. interment, inurnment, and memorializa- 553.42 General rules governing eligibility for tion at Arlington National Cemetery. interment or inurnment in Army Post 553.12 Eligibility for interment in Arlington Cemeteries. National Cemetery. 553.43 Eligibility for interment and 553.13 Eligibility for inurnment in Arling- inurnment in Army Post Cemeteries. ton National Cemetery Columbarium. 553.44 Eligibility for interment and 553.14 Eligibility for interment of cremated inurnment in the West Point Post Ceme- remains in the Arlington National Ceme- tery. tery Unmarked Area. 553.45 Eligibility for interment in U.S. Dis- 553.15 Eligibility for group burial in Arling- ciplinary Barracks Cemetery at Fort ton National Cemetery. Leavenworth. 553.16 Eligibility for memorialization in an 553.46 Ineligibility for interment, Arlington National Cemetery memorial inurnment or memorialization in an area. Army Post Cemetery. 553.17 Arlington National Cemetery inter- 553.47 Prohibition of interment, inurnment ment/inurnment agreement. or memorialization in an Army Cemetery 553.18 Eligibility for burial in U.S. Soldiers’ of persons who have committed certain and Airmen’s Home National Cemetery. crimes. 553.19 Ineligibility for interment, 553.48 Findings concerning the commission inurnment, or memorialization in an of certain crimes where a person has not Army National Military Cemetery. been convicted due to death or flight to 553.20 Prohibition of interment, inurnment, avoid prosecution. or memorialization in an Army National 553.49 Exceptions to policies for interment Military Cemetery of persons who have or inurnment at Army Post Cemeteries. committed certain crimes. 553.21 Findings concerning the commission AUTHORITY: 10 U.S.C. 985, 1128, 1481, 1482, of certain crimes where a person has not 3013, 4721–4726; 24 U.S.C. 295a, 412; 38 U.S.C. been convicted due to death or flight to 2402 note, 2409–2411, 2413; 40 U.S.C. 9102; and avoid prosecution. Pub. L. 93–43, 87 Stat. 75. 553.22 Exceptions to policies for interment, SOURCE: 81 FR 65877, Sept. 26, 2016, unless inurnment, or memorialization at Ar- otherwise noted. lington National Cemetery. 553.23 Placement of cremated remains at Army National Military Cemeteries. Subpart A–Army National Military 553.24 Subsequently recovered remains. Cemeteries 553.25 Disinterments and disinurnments of remains. § 553.1 Definitions. 553.26 Design of Government-furnished headstones, niche covers, and memorial As used in this part, the following markers. terms have these meanings:

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