[Code of Federal Regulations] [Title 32, Volume 6] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR855.22] [Page 143-145] TITLE 32-NATIONAL DEFENSE CHAPTER VII--DEPARTMENT OF THE AIR FORCE PART 855_CIVIL AIRCRAFT USE OF UNITED STATES AIR FORCE AIRFIELDS --Table of Contents Subpart C_Agreements for Civil Aircraft Use of Air Force Airfields Sec. 855.22 Air Force procedures. (a) Upon receipt of a joint-use proposal, the installation commander, without precommitment or comment, will send the documents to the Air Force Representative (AFREP) at the Federal Aviation Administration (FAA) Regional Office within the geographical area where the installation is located. AFI 13-201, Air Force Airspace Management,\8\ lists the AFREPs and [[Page 144]] their addresses. The installation commander must provide an information copy of the proposal to HQ USAF/XOOBC, 1480 Air Force Pentagon, Washington DC 20330-1480. --------------------------------------------------------------------------- \8\ See footnote 1 to Sec. 855.6. --------------------------------------------------------------------------- (b) The AFREP provides comments to the installation commander on airspace, air traffic control, and other related areas, and informs local FAA personnel of the proposal for joint use. (c) The installation, the numbered Air Force, and the major command (MAJCOM) will then evaluate the proposal. The MAJCOM will send the comments and recommendations from all reviewing officials to HQ USAF/ XOOBC. (d) Factors considered in evaluating joint use include, but are not limited to: (1) Impact on current and programmed military activities at the installation. (2) Compatibility of proposed civil aviation operations with present and planned military operations. (3) Compatibility of communications systems. (4) Instrument capability of crew and aircraft. (5) Runway and taxiway configuration. (Installations with single runways normally will not be considered for joint use.) (6) Security. The possibility for sabotage, terrorism, and vandalism increases with joint use; therefore, joint use will not be considered: (i) If military and civil aircraft would be collocated in hangars or on ramps. (ii) If access to the civil aviation facilities would require routine transit through the base. (7) Fire, crash, and rescue requirements. (8) Availability of public airports to accommodate the current and future air transportation needs of the community through construction or expansion. (9) Availability of land for civil airport complex. Note: The majority of land required for a terminal and other support facilities must be located outside the installation perimeter or at a site that will allow maximum separation of military and civil activities. If the community does not already own the needed land, it must be acquired at no expense to the Air Force. The Air Force may make real property that is not presently needed, but not excess, available by lease under 10 U.S.C 2667. An application for lease of Air Force real property must be processed through the chain of command to the Air Force Real Estate Agency, 172 Luke Avenue, Suite 104, Building 5683, Bolling AFB DC 20332-5113, as prescribed in AFI 32-9003, Granting Temporary Use of Air Force Real Property \9\. All real property outleases require payment of fair market consideration and normally are processed through the Corps of Engineers. The General Services Administration must be contacted regarding availability of excess or surplus Federal real property and an application submitted through FAA for an airport use public benefit transfer under 49 U.S.C. Sec. 47151-47153. --------------------------------------------------------------------------- \9\ See footnote 1 to Sec. 855.6. --------------------------------------------------------------------------- (10) Sponsor's resources to pay a proportionate share of costs for runway operation and maintenance and other jointly used facilities or otherwise provide compensation that is of direct benefit to the Government. (e) When the Air Force determines that joint use may be compatible with its defense mission, the environmental impact analysis process must be completed before a final decision can be made. The Air Force will act as lead agency for the preparation of the environmental analysis (32 CFR part 989, Environmental Impact Analysis Process). The local Government agency representatives, working in coordination with Air Force personnel at the installation and other concerned local or Federal officials, must identify the proposed action, develop conceptual alternatives, and provide planning, socioeconomic, and environmental information as specified by the appropriate MAJCOM and HQ USAF/CEVP. The information must be complete and accurate in order to serve as a basis for the preparation of the Air Force environmental documents. All costs associated with the environmental studies required to complete the environmental impact analysis process must be paid by the joint use sponsor. Information on environmental analysis requirements is available from HQ USAF/CEVP, 1260 Air Force Pentagon, Washington DC 20330-1260. (f) HQ USAF/XOOBC can begin negotiating a joint-use agreement after the environmental impact analysis process is completed. The agreement must be [[Page 145]] concluded on behalf of the Air Force by SAF/MII as the approval authority for use of Air Force real property for periods exceeding 5 years. The joint-use agreement will state the extent to which the provisions of subpart B of this part, Civil Aircraft Landing Permits, apply to civil aircraft operations. (1) Joint-use agreements are tailored to accommodate the needs of the community and minimize the impact on the defense mission. Although each agreement is unique, attachment 4 to this part provides basic terms that are frequently included in such agreements. (2) Agreements for joint use at Air Force airfields on foreign soil are subject to the requirements of AFI 51-701, Negotiating, Concluding, Reporting, and Maintaining International Agreements \10\. --------------------------------------------------------------------------- \10\ See footnote 1 to Sec. 855.6. --------------------------------------------------------------------------- (g) HQ USAF/XOOBC and SAF/MII approval is required to amend existing joint use agreements. The evaluation and decision processes followed in concluding an initial joint-use proposal must be used to amend existing joint-use agreements.