231.5 Logistical support and services.

AUTHORITY: The provisions of this Part 231 issued under 10 U.S.C. 136.

SOURCE: The provisions of this Part 231 appear at 34 F.R. 7963, May 21, 1969, unless otherwise noted.

§ 231.1 Reissuance and purpose.

(a) This part reissues Part 231 to incorporate substantive changes (see § 231.5) and administrative changes necessary to update Department of Defense policies governing the establishment, operation and termination of "banking facilities," "banks," and "branch banks" serving on military installations worldwide.

(b) It also assigns responsibility for developing and monitoring adequate banking services for official and quasiofficial DoD organizations and personnel. § 231.2 Applicability and scope.

The provisions of this part apply to all DoD Components worldwide. § 231.3 Responsibilities.

(a) The Assistant Secretary of Defense (Comptroller), in concert with the Fiscal Assistant Secretary of the Treasury Department, shall develop and monitor policies and procedures governing the establishment, operation and termination of banking institutions on military installations.

(b) The Assistant Secretary of Defense (Installations and Logistics) shall develop and monitor policies and procedures governing logistical support, including the use of DoD property and real estate furnished banking institutions on military installations.

§ 231.4 Policy.

Recognizing that the prudent administration of public moneys and the efficient management of private funds of

DoD personnel require the services of a properly constituted and convenient banking institution, DoD Components will:

(a) Encourage regularly established banks or branch banks to provide complete banking and finance services on military installations worldwide where there is a demonstrated need for such services;

(b) Establish military banking facilities with the approval and assistance of the Treasury Department at military installations where a demonstrated and justified need cannot be met by off-base banks or branches;

(c) Provide the Treasury Department with full particulars concerning the requirements for banking services to facilitate the selection of a banking institution under prescribed competitive principles;

(d) Participate with the Treasury Department in evaluating banking and finance services being provided by banking facilities serving the DoD and DoD personnel in relation to (1) existing requirements at each location, and (2) operating changes needed to improve existing services or satisfy additional requirements; and

(e) Encourage the use of banking facilities on military installations as a means of:

(1) Assisting DoD personnel;

(2) Providing safe custody of official and quasi-official funds;

(3) Facilitating the paying and collection of official and quasi-official funds; and

(4) Eliminating the possibility of loss of funds by theft or otherwise.

§ 231.5 Logistical support and services.

In the interest of providing banking and finance services at a minimum cost to the DoD and DoD personnel, banking facilities, banks, and branch banks authorized to locate on military installations will be furnished such utilities and other logistical support as may be authorized under the provisions of DoD 4270.1-M "DoD Construction Criteria Manual" and DoD Directive 4000.6.

1

(a) Non-self-sustaining banking facilities-permits: Banking facilities certified as non-self-sustaining organizations 1 Not filed with original (bulky).

Filed as part of original. Copies available from U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120.

by the Treasury Department will be furnished logistical support, including the use of DoD property and services, without charge; Provided, The properties and services are available from existing resources.

(1) Generally, DoD facilities will be furnished in support of banking facilities on a nonreimbursable permit for a period of 5 years subject to renewal for an additional 5 years by mutual agreement.

(2) Type and size of facilities shall be in accordance with criteria set forth in DoD 4270.1-M and DoD Directive 4000.6.

(3) The Secretary of the Military Department concerned shall have the right to terminate the permit at any time.

(4) In the event of a notice by the Treasury Department that a banking facility has become a self-sustaining organization, the nonreimbursable permit under which it occupies DoD facilities shall be terminated and a lease will be negotiated in accordance with paragraph (b) (2) of this section.

(b) Self-sustaining banking ties-leases:

activi

(1) Construction. A lease of land for construction of a building by a selfsustaining banking activity shall be at fair rental value. The term of the lease will normally be 15 years. Any variation from a 15-year term will be effected only when there are unusual circumstances peculiar to a particular situation. Approval of Assistant Secretary of Defense (Installations and Logistics) will be obtained in advance whenever a term in excess of 15 years is to be considered. In no event, however, shall a term exceed 25 years.

(1) The right shall be reserved to terminate a lease in the event of national emergency, base closure, installation or a major portion thereof becomes excess, default by the lessee, or in the interest of national defense.

(ii) A lessee shall be required to provide written notice 90 days in advance of an intention to voluntarily terminate the lease.

(iii) Maintenance and the cost of utilities and services furnished shall be the responsibility of the lessee.

(iv) Whenever such a lease is terminated or when the term expires, the option shall be in the Government either to cause title in all improvements to be vested in the United States or to require

the lessee to remove the improvements and restore the land.

(v) If title to improvements passes to the United States, arrangements may be made for continued occupancy for the extension of banking services by mutual assent under acceptable lease provisions to include fair rental value for the land, improvements, payment of utilities, and support services.

(2) Government-furnished building. A lease of existing structures to house a self-sustaining military banking facility, a bank, or a branch bank shall be at fair rental value for a period of 5 years, subject to renewal by mutual agreement for an additional 5-year term, and subject also to the right of the Secretary of the Military Department concerned to terminate the lease in accordance with the cancellation provisions set forth in subparagraph (1) of this paragraph. The lessee shall be responsible for interior maintenance, and reimbursement shall be made by the lessee for utilities, custodial, janitorial and other services to the extent such are furnished.

(3) Existing leases. Leases executed prior to the issuance of this part will not be disturbed unless a lessee (bank) specifically requests that a lease be renegotiated under the provisions of this § 231.5.

(c) The duration of leases as set forth in paragraph (b) of this section will (1) promote the interests of the national defense and the public, and (2) satisfy the determinations and findings required by section 2667(b)(1) of title 10 United States Code.

PART 232-NATURAL RESOURCES; FISH AND WILDLIFE MANAGEMENT Sec.

232.1 Purpose.

232.2

232.3

Applicability and scope.

Fish and wildlife management program procedures.

232.4 Section 2671, Chapter 159, Title 10, United States Code.

232.5 Public Law 797, 86th Congress.
232.6 Reporting requirements.
232.7

Format to be followed in the preparation of a cooperative plan (agreement) for the conservation and development of fish and wildlife resources on military reservations. AUTHORITY: The provisions of this Part 232 issued under 10 U.S.C., 2671; 74 Stat. 1052; 16 U.S.C. 670a-670e.

SOURCE: The provisions of this Part 232 appear at 30 F.R. 14903, Dec. 2, 1965, unless otherwise noted.

This part establishes a program for fish and wildlife management, implements the provisions of 10 U.S.C. 2671 and Public Law 797, 86th Congress, and states the reporting requirement in compliance with Part 263 of this chapter. § 232.2 Applicability and scope.

The provisions of this part apply to all DoD members and components and cover military installations and facilities located in the United States containing land and water areas suitable for conservation and management of fish and wildlife resources. Fish and wildlife management will be integrated with other natural resources activities into a balanced multiple-use program.

§ 232.3

Fish and wildlife management program procedures.

(a) Programming, budgeting, and flnancing. Policy covering programming, budgeting, and financing is contained in Part 263 of this chapter.

(b) Installation management plans. (1) Management plans will be executed for all military installations which contain land and water areas suitable for the conservation and management of fish and wildlife resources and will be made part of the installation master plan.

(2) All installations and facilities shall give consideration to the improvement and conservation of fish and wildlife resources, including aspects of natural beauty during the planning and development stages of authorized projects and programs..

(3) The Installation Conservation Committee will annually review the management plan for currency, amendments or revisions, as applicable.

(c) Fish management. (1) Habitat control and improvement should serve as the basic means of perpetuating and improving the fisheries resources. Introduction of fish to new waters (e.g. new ponds) or the reintroduction of desirable species to waters which have been cleared of old stock as a management technique or by severe pollution kills will be done upon the advice and guidance of the appropriate State or Federal natural resource officials.

(2) Where waters are suitable for game fish, they should be managed within ecological limits to produce the most

desirable of the game species, in best size and number. Streams whose values for such fish have been destroyed by the activities of man should be rehabilitated to the extent possible.

(3) The utmost care and caution should be exercised in introducing foreign, or exotic, species and only after approval of the appropriate State or Federal natural resource officials.

(d) Wildlife management. (1) Habitat control and improvement should serve as the basic tool of wildlife management. Artificial stocking should not be regarded as a major management technique except in special cases, and then, only upon the advice and guidance of appropriate State or Federal natural resource officials.

(2) Utmost caution, in the form of thorough scientific investigations and State or Federal cooperation, should be exercised in the introduction of wildlife species into areas to which they are not native.

(3) All precautions and measures necessary shall be made to prevent the extermination of any species of wildlife.

(4) Measures for the control of predators must be authorized and approved by qualified State or Federal officials. Scientific research has shown that there is no valid justification for the widespread destruction of animals classed as predators. Control of animals which are proved to be undesirable in specific instances is recognized.

(5) Wetlands valuable for waterfowl and other wildlife purposes shall be preserved wherever possible.

§ 232.4

Section 2671, Chapter 159, Title 10, United States Code

(a) Hunting, fishing, and trapping at each military installation or facility under the jurisdiction of any military department in a State will be in accordance with the fish and game laws of the State in which it is located.

(b) At each installation or facility appropriate State licenses for hunting, fishing, or trapping on that installation or facility will be obtained, except that with respect to members of the Armed Forces such a license may be required only if the State authorizes the issuance of a license to a member on active duty for a period of more than thirty (30) days at an installation or facility within that State without regard to residence requirements, and upon terms otherwise

not less favorable than the terms upon which such a license is issued to residents of that State. (The clause "for a period of more than thirty (30) days" indicates eligibility for an individual when first physically present for duty on such orders.)

(c) Whoever is guilty of an act or omission which violates a requirement prescribed under paragraph (a) or (b) of this section, which act or omission would be punishable if committed or omitted within the jurisdiction of the State in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to like punishment.

§ 232.5 Public Law 797, 86th Congress.

(a) Cooperative plans. In compliance with Public Law 797, 86th Congress, the Departments of Defense and Interior have developed a model cooperative plan (Agreement) (§ 232.7), designed to carry out a program of planning, development, maintenance, and coordination of fish and wildlife conservation and rehabilitation in the military reservations. Under the terms of the cited statute, appropriate commanders:

(1) May, if agreeable to the signators to the cooperative plans, issue special state permits to individuals for hunting, fishing, or trapping on that installation or facility, and require the payment of a nominal fee therefor. Such fees are to be utilized on the installation from which collected for the protection, conservation, and management of fish and wildlife, including habitat improvement and related activities, as may be stipulated in the cooperative plan, but for no other purpose. Such fees as may be collected under the above cited Act will be accounted for and reported in accordance with instructions of the Office of the Assistant Secretary of Defense (Comptroller) under a special indefinite fund established by the Department of the Treasury for each military department, and entitled "Wildlife Conservation, etc., Military Reservations," symbol-X5095. (The liberal use of this provision is encouraged to provide vital program funds.)

(2) Will ascertain that the cooperative plan provides that the possession of a special permit for hunting migratory game birds shall not relieve the permittees of the requirements of the Migratory Bird Hunting Stamp Act,

as

amended, nor of the requirements pertaining to state law, as described in § 232.4.

(b) Execution of cooperative plans. Cooperative plans (§ 232.7) will be executed for all military installations which contain land and water areas suitable for the conservation and management of fish and wildlife and other natural resources. Suitability shall be determined after consultation with the Regional Director of the U.S. Fish and Wildlife Service, and the Director of the Fish and Game Department of the state in which the installation is located, or other official as designated by the Governor of the State concerned. Military departments will maintain current copies of all negotiated cooperative plans for installations under their control.

§ 232.6

Reporting requirements.

(a) Definitions-(1) Category I. Installations which are classified as having land and water areas suitable for the conservation and management of fish, wildlife and other natural resources, such suitability having been determined after consultation with the appropriate Regional Director of the U.S. Fish and Wildlife Service and the State official designated by the Governor of the State concerned, as prescribed in § 232.5(b).

(2) Category II. Installations for which a final decision is pending as to program suitability within the meaning of subparagraph (1) of this paragraph.

(3) Category III. Installations which are finally classified, due to lack of adequate land or water areas, as unsuitable for a program of conservation and management of fish and wildlife and other natural resources, such classification being determined after the consultation prescribed in subparagraph (1) of this paragraph.

(4) Category IV. Installations which obviously do not have land or water areas (e.g., recruiting centers, armories, cemeteries, hospitals, city office building headquarters, etc.) which would provide the program potential for the conservation and management of fish and wildlife and other natural resources within the meaning of Part 263 of this chapter.

(b) Specific reports required. A report for each fiscal year will be submitted by each Military Department to the Assistant Secretary of Defense (Manpower) (ASD (M)) not later than

September 1 for each installation and facility in the United States.

(1) Category I & II Reports:

(i) Category I installations will complete Format B.1

(ii) Category II installations will complete applicable portions of Format B.1 (2) Military Departments will forward:

(i) Two (2) copies of Format B1 for each Category I & II installation.

(ii) Two (2) copies of the Summary Report in accordance with Format C.1 (3) Category III & IV Reports: Installations classified as Category III & IV in the initial listings are considered as completed submissions. Subsequent submissions should be listed alphabetically by states and only cover additions and/or deletions.

§ 232.7 Format to be followed in the

preparation of a cooperative plan (agreement) for the conservation and development of fish and wildlife resources on military reservations.

(a) Citing of authority: In accordance with the authority contained in Public Law 85-337, approved February 28, 1958, and in Public Law 86-797, approved September 15, 1960, the Department of Defense, the Department of the Interior, and the State of through

their duly designated representatives whose signatures appear below, approved the following cooperative plan for the protection, development, and management of fish and wildlife resources on

(Military Base)

(b) The cooperative plan will include the following features and provisions: (1) Provide for a general inventory review of fish and wildlife resources to be made at the earliest practical time with representatives of all three agencies participating and when completed to be attached and made a part of this agreement. (Objectives: Such an inventory should locate principal land and water areas suitable for fish and wildlife. The inventory should list the principal species of wildlife, condition oí their range, and include any data on population numbers. Water areas should be described briefly as to location, type, and acreage, with principal fish species known to be present, and with general observations on the quality of

1 Filed as part of original document.

the aquatic habitat. The inventory should provide information on restricted and public use areas existing at that time. It should set forth the potential for the development of fish and wildlife resources).

(2) The cooperative plan should set forth, where applicable, a program for research and further development and management of fish and wildlife resources to include the following:

(1) Development and improvement of habitats for optimum conditions and in keeping with base objectives.

(ii) Need for and means of accomplishing restoration or restocking of desired species.

(iii) Need for and means of accomplishing control of plant and animal species, as may be indicated.

(iv) Plans for the protection of fish and wildlife resources.

(3) The cooperative plan will describe the extent of public participation in the harvest of fish and game commensurate with military objectives and should outline general procedures for the operation of such programs.

(4) The cooperative plan should specify under what circumstances special State fishing and hunting permits are to be required, the fees to be charged, and procedures for their issue. The plan should specify the fish and game management items for which the money may be spent, the method of relating this income to expenditures.

(5) The cooperative plan will specify the agency or agencies to provide technical advice and assistance to the Defense Department in fishery management and in wildlife management, either separately or together, and to what extent.

(6) The cooperative plan will be in full force upon its adoption, and subject to later amendment or revision as agreed upon by all parties represented. Request for amendment or change of the plan may originate with any one of the parties concerned.

(7) Signators to the cooperative plan will be the installation commander, the Regional Director, Bureau of Sport Fisheries and Wildlife, and the Regional Director, Bureau of Commercial Fisheries, as appropriate; and the Director of the State Fish and Game Department, or other official designated by the Governor of the State concerned.