[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR256.4]

[Page 596-597]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 256_AIR INSTALLATIONS COMPATIBLE USE ZONES--Table of Contents
 
Sec. 256.4  Policy.

    (a) General. As a first priority step, all reasonable, economical, 
and practical measures will be taken to reduce and/or control the 
generation of noise from flying and flying related activities. Typical 
measures normally include siting of engine test and runup facilities in 
remote areas if practical, provision of sound suppression equipment 
where necessary, and may include additional measures such as adjustment 
of traffic patterns to avoid built-up areas where such can be 
accomplished with safety and without significant impairment of 
operational effectiveness. After all reasonable noise source control 
measures have been taken, there will usually remain significant land 
areas wherein the total noise exposure is such as to be incompatible 
with certain uses.
    (b) Compatible use land--(1) General. (i) DoD policy is to work 
toward achieving compatibility between air installations and neighboring 
civilian communities by means of a compatible land use planning and 
control process conducted by the local community.
    (ii) Land use compatibility guidelines will be specified for each 
Clear Zone, Accident Potential Zone, Noise Zone and combination of these 
as appropriate.
    (iii) The method of control and regulation of land usage within each 
zone will vary according to local conditions. In all instances the 
primary objective will be to identify planning areas and reasonable land 
use guidelines which will be recommended to appropriate agencies who are 
in control of the planning functions for the affected areas.
    (2) Property rights acquisition--(i) General. While noise generated 
by aircraft at military air installations should be an integral element 
of land use compatibility efforts, the acquisition of property rights on 
the basis of noise by the Department of Defense may not be in the long 
term best interests of the United States. Therefore, while the complete 
requirement for individual installations should be defined prior to any 
programming actions, acquisition of interests should be programmed in 
accordance with the following priorities.
    (ii) Priorities. (A) The first priority is the acquisition in fee 
and/or appropriate restrictive easements of lands within the clear zones 
whenever practicable.
    (B) Outside the clear zone, program for the acquisition of 
interests, first in Accident Potential Zones and secondly in high noise 
areas only when all possibilities of achieving compatible use zoning, or 
similar protection, have been exhausted and the operational integrity of 
the air installation is manifestly threatened. If programming actions 
are considered necessary, complete records of all discussions, 
negotiations, testimony, etc., with or before all local officials, 
boards, etc., must be maintained. This will ensure that documentation is 
available to indicate that all reasonable and prudent efforts were made 
to preclude incompatible land use through cooperation with local 
governmental officials and that all recourse to such action has been 
exhausted. Such records shall accompany programming actions and/or 
apportionment requests for items programmed prior to the date of this 
part. In addition, a complete economic analysis and assessment of the 
future of the installation must be included.

[[Page 597]]

    (1) Costs of establishing and maintaining compatible use zones must 
be weighed against other available options, such as changing the 
installation's mission and relocating the flying activities, closing the 
installation, or such other courses of action as may be available. In 
performing analyses of this type, exceptional care must be exercised to 
assure that a decision to change or relocate a mission is fully 
justified and that all aspects of the situation have been thoroughly 
considered.
    (2) When, as a result of such analysis, it is determined that 
relocation or abandonment of a mission will be required, then no new 
construction shall be undertaken in support of such activities except as 
is absolutely necessary to maintain safety and operational readiness 
pending accomplishment of the changes required.
    (iii) Guidelines. This part shall not be used as sole justification 
for either the acquisition or the retention of owned interests beyond 
the minimum required to protect the Government.
    (A) Necessary rights to land within the defined compatible use area 
may be obtained by purchase, exchange, or donation, in accordance with 
all applicable laws and regulations.
    (B) If fee title is currently held or subsequently acquired in an 
area where compatible uses could be developed and no requirement for a 
fee interest in the land exists except to prevent incompatible use, 
disposal actions shall normally be instituted. Only those rights and 
interests necessary to establish and maintain compatible uses shall be 
retained. Where proceeds from disposal would be inconsequential, 
consideration may be given to retaining title.
    (C) If the cost of acquiring a required interest approaches closely 
the cost of fee title, consideration shall be given to whether 
acquisition of fee title would be to the advantage of the Government.
    (c) Rights and interests which may be obtained. When it is 
determined to be necessary for the Federal Government to acquire 
interests in land, a careful assessment of the type of interest to be 
acquired is mandatory. Sec. 256.9 contains a listing of possible 
interests which should be examined for applicability.
    (d) Environmental impact statements. (1) Any actions taken with 
respect to safety of flight, accident hazard, or noise which involve 
acquisition of interests in land must be examined to determine the 
necessity of preparing an environmental impact statement in accordance 
with DoD Directive 6050.1, ``Environmental Considerations in DoD 
Actions,'' March 19, 1974 (32 CFR part 214).
    (2) All such environmental impact statements must be forwarded to 
appropriate Federal and local agencies for review in accordance with DoD 
Directive 6050.1 (32 CFR part 214).
    (3) Coordination with local agencies will be in accordance with OMB 
Circular A-95.