[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR644.6]

[Page 113-116]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 644--REAL ESTATE HANDBOOK--Table of Contents
 
                       Subpart A--Project Planning
 
Sec. 644.6  Feasibility Reports and Design Memoranda.

    (a) Feasibility Investigations and Reports. Survey investigations 
and reports are the studies and reports, specifically authorized by 
Congress and made by Division and District Engineers as assigned by the 
Chief of Engineers, to determine the scope, justification, and degree of 
Federal interest in protection and development of harbors, waterways, 
shores and beaches, and river basins. For water resource projects the 
reports include determination of needs of alternative plans of 
protection and development to be considered for recommendation to 
Congress for authorization as Federal projects. Survey reports should 
clearly specify real estate requirements, both immediate and 
prospective, and the responsibilities of Federal and non-Federal 
agencies relative thereto. The real estate estimates in the reports 
should be recent enough to be meaningful for the purpose intended. 
Documentation regarding the estimates, such as when and by whom made, 
nature and extent of field investigation, search for comparable sales 
and similar factual material, shall be maintained.
    (b) Phase I and Phase II General Design Memoranda. (1) The General 
Design Memorandum (GDM) is a report on an authorized project. Its form 
and content are set forth in ER 1110-2-1150. It includes a real estate 
section, which consists of a general discussion of real estate 
requirements for the project, recommendations as to estates to be 
acquired, a gross appraisal of the necessary land and interests therein, 
and other features considered desirable to present all major real estate 
problems and to recommend solutions. Subject to the availability of 
data, minerals in the project area should be covered in the manner set 
forth in Sec. 644.5. Detailed sales data are not necessary, but may be 
included if it is anticipated that recommendations will be made for 
early acquisition of interior tracts.
    (2) Real Estate personnel will prepare the real estate section of 
the GDM. The requirements for current real estate estimates and 
necessary documentation thereof contained in Sec. 644.6(a) are also 
applicable to this paragraph.
    (c) Real Estate Design Memoranda. (1) Following approval of the 
Phase I GDM, a Real Estate Design Memorandum (REDM) will be prepared by 
the Division or District Engineer. Approval of the REDM shall be in 
accordance with ER 1110-2-1150, para 21b(2)(j). No land shall be 
acquired for the project without approval of the initial REDM except (i) 
in the case of an advance land acquisition situation, (ii) acquisition 
for local cooperation project, or (iii) when a letter-type REDM has been 
submitted. The REDM will include the following in the order set forth 
below:
    (A) A statement that this REDM is tentative in nature for planning 
purposes only and that both the final real property acquisition lines 
and the estimate of value are subject to change even after approval of 
this REDM.

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    (B) Project authorization, designation, location and date of 
approval of GDM Phase I, including the Recreation Resources Appendix 
(App A, ER 1110-2-1150).
    (C) General description of the area and estimated total acreage. The 
total acreage will be broken down as to fee and easement areas. The fee 
will be further broken down to indicate, separately, the estimated 
acreage required for the various authorized project purposes.
    (D) If any Government-owned land is within the area, indicate the 
Government's estate, degree of interest required for project purposes, 
and views of the local representative of the controlling agency as to 
use for project purposes (see Act of July 26, 1956 (70 Stat. 656) with 
respect to national forest land).
    (E) Appraisal information containing a general statement as to 
character, present use and highest and best use of the land, local 
economic conditions which may affect the trend of real estate values in 
the community and the gross estimate of value for the area to be 
acquired under the REDM. The gross appraisal on which this estimate is 
based should be forwarded concurrently to HQDA (DAEN-REE) WASH DC 20314.
    (F) Information necessary to ascertain responsibility under Pub. L. 
91-646 including but not limited to the following:
    (1) The number of persons, farms and businesses to be displaced.
    (2) An estimate of all costs, including contingencies to be incurred 
as a result of compliance with Pub. L. 91-646. Part 641 of this 
subchapter sets out the items to be considered in estimating these 
costs.
    (3) Information regarding the availability of replacement housing.
    (G) Estimated cost to the United States of lands, easements, and 
rights-of-way necessary for acquisition by the United States for:
    (1) Access roads to project area. A statement will be included as to 
whether existing public roads will be utilized within the purview of 33 
U.S.C. 701r-1 or new rights-of-way for access roads will be acquired, 
with the estimated cost of such new rights-of-way. The proposed plan of 
access during construction will be fully described.
    (2) Relocation of highways, roads, railroads, pipelines, and 
utilities (ER 1180-1-1, Section 73). Statement will be included as to 
whether the Government or the owner(s) will acquire new rights-of-way, 
if any, necessary for the various relocations.
    (H) Number of structures and facilities which will come within the 
purview of section 111 of the Act of Congress approved July 3, 1958 
(Pub. L. 85-500), and a preliminary estimate of Government costs (ER 
1180-1-1, Section 73).
    (I) A study, in accordance with Sec. 644.5, of present or 
anticipated mineral activity in the vicinity of the project which may 
affect the operation thereof. A recommendation including cost estimate, 
if applicable, regarding the acquisition of the minerals should also be 
included in this section of the REDM.
    (J) A discussion of standing timber and other vegetative cover in 
proposed recreation areas and other areas above the conservation pool 
which have recreation or scenic value. Recommendations should be made as 
to the significance of such timber and cover and as to whether 
reservation of standing timber should be permitted in the various parts 
of the fee area.
    (K) A map(s) showing the area which is the subject of the REDM, 
indicating the acquisition guide line, contour line, the tentative 
blocked out fee line, multipurpose pool, and lands in which the 
acquisition of easements is recommended. The map(s) will show, where 
appropriate, the dam site, construction area, borrow areas, spoil areas, 
public access areas, fish and wildlife areas, and recreation areas. In 
addition, the appropriate map(s) will have outlined thereon the items of 
construction or major project features. Access roads and railroad 
rights-of-way required for these areas will also be shown. Chapter 3 of 
ER 405-1-12 relates to the preparation of maps. With respect to a 
project where it is planned to submit several REDMs covering portions of 
the project, the initial REDM will contain a map showing the entire 
project, with the information shown thereon as indicated above, insofar 
as this information covering the entire

[[Page 115]]

project is then available. All subsequent REDMs will contain the same 
type of map, on which will be shown the area(s) on which REDMs have been 
previously submitted with each such area keyed to the number of its 
REDM. Maps shall be of sufficient scale to be legible and to permit 
ready interpretation of pertinent features.
    (L) An aerial mosaic, if available, to provide a pictorial support 
to the rest of the report concerning involved problems.
    (M) Discussion relating to the acquisition or relocation of towns 
and cemeteries within the project area (ER 1180-1-1, Section 73).
    (N) A realistic estimate of administrative costs, giving due 
recognition to existing and foreseeable conditions. To assure direct 
relationship between costs and estimates, the breakdown of these 
estimates will conform to the prescribed acquisition activity cost items 
as set forth under Real Estate Schedule/Cost and Performance, ENG Form 
4564, or any further breakdown which the District Engineer may consider 
desirable. Included as a minimum requirement will be: Estimated 
administrative costs for mapping, surveying, and boundary monumentation, 
appraising, title evidence, negotiating and closing direct purchases, 
condemnation, and relocation assistance.
    (O) Summary of project real estate costs, total all project real 
estate costs by category, i.e., land cost, improvements, severance, Pub. 
L. 91-646 costs, relocations, minerals, contingencies, administrative 
costs, etc.
    (P) Schedule of acquisition.
    (Q) Discussion and recommendations concerning the nonstandard 
estates proposed for acquisition and the real property boundary lines.
    (R) The extent of the existing navigational servitude (ER 1165-2-
302).
    (S) The REDMs will be assigned a single basic number for each 
project; succeeding REDMs will be given alphabetical suffixes to the 
basic assigned number--for example, REDM Nos. 5, 5A, 5B, etc. Copies of 
the letter of transmittal and indorsements thereon will be inserted in 
the front of each copy of the REDM. A cover sheet will list 
chronologically all REDMs (including supplements thereto and brief 
letter-type memoranda) previously submitted, and will show dates 
submitted by the District Engineer and, if approved, dates of approval 
thereof.
    (2) Upon approval of each REDM, the Division or District Engineer 
may, subject to the availability of funds, proceed with the acquisition 
of land and/or interests therein. The REDM, as approved, will constitute 
the overall real estate plan for acquisition of the area covered by the 
REDM. Whenever changes in the approved REDM are required, a 
supplementary REDM describing the proposed changes and setting forth the 
reasons therefor will be submitted. Approval of a supplemental REDM is 
required before acquisition can proceed in the area in which the changes 
are proposed.
    (3) Prior to the approval of the REDM, Division and District 
Engineers should, subject to the availability of funds, proceed with 
preliminary real estate work, in the same manner as set out in 
Sec. 644.30. No action will be taken to solicit an offer from a 
landowner for the purchase of his land until the acquisition has been 
approved and subject to availability of funds and compliance with the 
applicable provisions of Pub. L. 91-646.
    (4) An REDM is not required for projects authorized by the Congress 
subject to the condition that local interests furnish without cost to 
the United States the necessary lands, easements, and rights-of-way. 
However, the GDM should include a statement enumerating the requirements 
of local cooperation, the name of the local interests proposing to 
fulfill said requirements, an estimate of land costs, and any other 
information pertinent thereto.
    (5) Number and content of Real Estate Design Memorandum.
    (i) With respect to reservoir projects involving an extensive real 
estate program, it is considered preferable that more than one REDM be 
prepared so that each will cover a segment or group of segments, making 
up the total project, consistent with the planned schedule of 
acquisition.
    (ii) For those projects, requiring two or more REDMs to cover the 
project area, each REDM will include all contiguous lands for each 
public access

[[Page 116]]

point and recreational site proposed within the area covered by that 
REDM. Noncontiguous areas planned for these purposes that are located 
beyond the limits of the REDM involved will be omitted therefrom. This 
procedure does not apply to areas authorized for fish and wildlife 
purposes. Lands authorized specifically for fish and wildlife purposes 
may be included either in a conventional REDM, along with other project 
lands or be submitted as a separate REDM, depending on convenience in 
preparation and size of the area. However, in either event, whenever 
practicable, the entire area proposed for this purpose should be covered 
in one REDM, as a unit.
    (iii) For smaller projects, not involving an extensive real estate 
program, all real estate requirements, including those for public 
access, fish and wildlife, and recreation, may be covered in a single 
REDM.
    (d) Blocking Out. The following are guidelines to be observed to the 
extent possible in preparing the REDM. These guidelines will be adhered 
to by the Division Engineer in his approval of the final real estate 
acquisition lines.
    (1) Close blocking out will be accomplished in accordance with sound 
real estate practices.
    (2) For land acquired in fee, the blocked out final real estate 
acquisition line will be established in such manner as to minimize costs 
and cause the least disruption in the use of the remainder of the 
ownership.
    (3) Severance damages will be avoided to the extent possible 
consistent with real estate requirements for the project. In accordance 
with section 301 of Pub. L. 91-646, if the acquisition of part of a 
tract will render the remainder an uneconomic unit, an offer must be 
made to purchase the entire tract.
    (4) It is conceivable that, in certain instances, acquisition of an 
easement will result in an uneconomic remainder and this requires 
application of section 301 of Pub. L. 91-646, as in paragraph (d)(3) of 
this section.
    (5) A remnant without access need not be acquired if:
    (i) The owner desires to retain the property and releases the 
Government from damages for lack of access, and
    (ii) The obtaining of such release in lieu of acquisition is 
concurred in, in writing, by the local road authority, and the local 
road authority is released from damages due to loss of access.
    (6) For lands to be acquired in fee or easements, close tangent will 
be used, generally following the acquisition line.
    (7) When small portions of additional properties, not otherwise 
needed for the project, are within the acquisition line, they may be 
omitted if to do so will not materially affect the operation and 
maintenance of the project as determined by operational elements.