cer for analysis. The NORAD Region SCATANA Officer will brief region staffs on the results of the exercise and FAA representation will be invited.

(ii) The charts will record the position of all live aircraft on IFR clearances in the ARTCC's area at the time ESCAT was simulated, the position of all aircraft when SCATANA was simulated, and will show the airports to which simulated diversions were made. § 245.11 Authentication.

Authentication is not required between NORAD Region Control Centers and ARTCCs for the implementation of SCATANA.

§ 246.1 Reissuance and purpose.

This part is being reissued to publish current policy on the acquisition of facilities for the Guard and Reserve components of the Armed Forces, including minor construction and repair of facilities. Substantive changes include:

(a) Adjustments in the levels of project approval authority; (b) the deletion of certain reporting requirements; (c) the addition of new requirements concerning the submission of justification data in support of projects; (d) a modification of the definition of minor construction projects; (e) a requirement for a site survey for all projects that involve land acquisition; and (f) delegation of approval authority for repair projects to the Secretaries of the Military Departments.

§ 246.2 Applicability.

The provisions of this directive apply to the Military Departments. The term "Military Services" refers to the Army, Navy, the Air Force and the Marine Corps.

§ 246.3 Policies and procedures.

(a) General. (1) Facilities will be provided that will make the greatest contribution to readiness and that are essential for the proper development, training, operation, support (including troop housing and messing) and maintenance of the Guard and Reserve components, who must meet approved operational readiness and mobilization requirements for (i) units in the Guard and Reserve forces and (ii) individual reservists with specific mobilization assignments.

(2) Each proposed construction project in excess of $175,000 that involves the use of authority contained in 10 U.S.C. 133 shall be submitted to the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) or a designee for approval and notification of the Congress, as required by 10 U.S.C. 2233a(1). No obligation of construction funds shall be made until after the expiration of 30 calendar days from the date that the Congress has been notified for project approval. If no Congressional objections have been received after 30 calendar days, the Military Departments automatically have the authority to obligate construction funds subject to the reprograming procedures noted in § 246.3(b)(1).

(i) Projects will not be forwarded for the 30-day Congressional notification period unless they are in the final stages of design and the final cost estimate, prior to contract award, has been determined. The Military Departments will note any deviation from this policy in their covering memorandum, with full justificaton for an early processing of the notification.

(ii) A project may be programed when the total actual strength of the assigned units at the installation is 50 percent of the total authorized strengths of the proposed facility. Congressional notification for all proj

ects will not normally be initiated until the total actual on-board strength is a minimum of 75 percent of the total authorized strength of the proposed facility. Further, for all projects where the total actual strength is 85 percent or less than the total authorized, a statement will be included in the notification request relating the requirement to current and projected personnel strengths. If the requested project is required to support understrengthed units and is not directly dependent upon on-board personnel strengths such as a maintenance shop, a statement will be included with the justification documents indicating that the requirement is based upon factors other than personnel strength plus any other pertinent information which will justify conclusively the requirement.

(iii) For omnibus projects; e.g., energy conservation investment program, pollution abatement program, etc., a list of individual projects will accompany and support the construction request at the time of Congressional notification prior to contract award. It is expected that the projects as indicated will be constructed as part of the omnibus project. No deviation is authorized unless prior approval is received from the ASD(MRA&L) or a designee.

(iv) Each project costing $175,000 or less will be accomplished under the minor construction appropriation in lieu of lump sum military construction authorization. Construction projects costing $50,000 or less may be financed from appropriations available for maintenance and operations of installations or the minor construction appropriation.

(v) No project shall be incremented in order to circumvent any limitations. (vi) Any subsequent increase in the estimated cost that exceeds 125 percent of the project cost as initially approved shall be submitted, with justification, to the original approval authority for appropriate adjustment and, for projects which ultimately exceed $175,000, notification of the Armed Services Committees by the ASD(MRA&L) or a designee. At the conclusion of 14 calendar days from the date of initiation of notification

the Military Departments shall assume that the project has been approved at the increased cost unless notified to the contrary by the ASD(MRA&L) or a designee. For projects that exceed $400,000 established reprograming procedures and prior approval must be obtained before funds can be obligated. All such increases must be accommodated within the military construction program authorization. Projects shall be reflected in reports required by § 246.5.

(vii) For those projects whose ultimate costs do not exceed $175,000, the Secretary of the Military Department concerned or a designee shall approve all cost increases. This authority may be redelegated by the Secretary.

(viii) The approval of any increase in estimated cost shall not constitute authority to increase the scope of the project as originally approved.

(ix) The criteria for the determination of "total project cost" are prescribed in DoD Directive 7040.2,1 "Program for Improvement in Financial Management in the Area of Appropriations for Acquisition and Construction of Military Real Property," January 18, 1961.

(b) Programing of Guard and Reserve Forces facilities—(1) Programs. Annual and updated long-range programs for each Guard and Reserve component shall be submitted each year to the ASD(MRA&L) by each Military Department. Programs shall be submitted no later than October 1 (or earlier, as called for) in order to be in accord with annual legislative and budgetary schedules. In turn, prior to the Congressional hearings on the Guard and Reserve Forces Military Construction Authorization and Appropriation Bill, the Office of the ASD(MRA&L) will prepare a listing of projects alphabetically by State based on the annual Service submissions and furnish them to the Armed Services Committees and to each of the Military Departments. When it becomes

'Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. Attention Code 301.

necessary to delete, postpone or add projects to the respective lists, established reprograming procedures and prior approval must be obtained before funds for the projects can be obligated.

(2) Requirements. As a basis for the annual reexamination of the total requirements for training facilities, the total of the authorized strengths (§ 246.7(c)) for all units and/or locations of each Guard/Reserve Component may not exceed 110 percent of the total of Selected Reserves who use the facility. The added 10 percent is intended to provide a reasonable degree of flexibility in the overall planning of the utilization of these facilities. It is not intended to be used for the express purpose of either increasing the allowable size of a specific facility or creating a requirement for the purchase or construction of a facility at an otherwise ineligible location.

(3) Method of acquisition of Guard and Reserve Forces facilities. In fulfilling facilities requirements, the following methods shall be considered in the sequence listed and shall be used by the State Guard/Reserve Forces Facilities Boards in accordance with DoD Directive 5126.24,1 "Duties and Responsibilities of State Guard/Reserve Forces Facilities Boards," August 1, 1973. The acquisition of new facilities and the expansion, repair, or replacement of existing facilities shall be determined by the most cost-effective method. When appropriate, economic analyses and program evaluations of Guard/Reserve Forces facilities requirements shall be made in accordance with DoD Instruction 7041.3,1 "Economic Analysis and Program Evaluation for Resource Management," October 18, 1972, and shall be included as part of the resource justification:

(i) Full utilization of existing, partially used facilities, including those of the other Guard/Reserve components and the active Armed Forces in accordance with DoD Directive 4165.6,1 "Real Property Acquisition, Manage

'Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. Attention Code 301.

ment and Disposal," December 22, 1976.

(ii) Utilization of real property that is excess to the needs of any of the Military Departments or other Federal agencies; by transfer, use agreement, or permit.

(iii) Lease or donation of privately or publicly owned property that can fulfill the need, or be modified at reasonable cost to meet the requirement.

(iv) Construction of additions to existing facilities for the Guard/Reserve components or Active Forces, or on property already controlled by them, with provision for maximum joint or common use of existing space and facilities.

(v) Purchase of existing real property suitable for the purpose without uneconomical remodeling or renova

tion.

(vi) Construction of a new facility by two or more Guard/Reserve components as a joint venture. If such construction at a single location cannot be accomplished concurrently, because of an unreconcilable disparity in priorities or for other cogent reasons, provision will be made in the design and siting of the initial structure for future expansion.

(vii) Unilateral construction of a new facility by a single Guard/Reserve component only when all of the other methods have been carefully reviewed and found impractical or uneconomical by a State Guard/Reserve Forces Facilities Board.

(4) Joint facilities. (i) The Military Departments shall accomplish joint acquisition and/or joint use of facilities to the fullest extent and, for each proposed facility that is not proposed for joint acquisition and/or joint use, furnish factual justification to support their conslusion that joint facilities are not practicable.

(ii) Military Department programs will be coordinated at the departmental level to determine the joint acquisition/use aspects prior to submission to the ASD(MRA&L).

(iii) As a general principle, the host Service (the Military Service having the majority interest in the facility) shall program all costs for acquisition to meet its own minumim requirements.

(iv) The tenant Service (the Military Service having a minority interest in the facility) shall program all costs for acquisition, as well as any additional utilities and mechanical service, that are excess to the host Service requirements.

(v) Within the provisions of DoD Directive 5100.10,1 "Delegation of Authority With Respect to Reserve Forces Facilities," March 16, 1972, the ASD(MRA&L) or a designee may require those adjustments in project priorities and scope, host/tenant relationships, and the sharing of project costs that is considered to be essential for the fullest use of the facilities.

(vi) At a multi-use activity (i.e., an installation where more than one Guard or Reserve component is located, or where the Guard and Reserves are collocated with an Active Component), unilateral construction will not be authorized for any project in the category codes of 400 (Supply Facilities), 500 (Hospital and Medical), and 700 (Housing and Community Facilities) unless supporting documentation clearly indicates that joint utilization or modification of any existing structure is impractical or uneconomical. For any project within these category codes (DoD Instruction 4165.3,1 "Department of Defense Facility Classes and Construction Categories," September 1, 1972), supporting documentation will indicate whether or not there is a similar facility at the installations.

(c) Planning procedures. (1) Armory and nonarmory projects will be consolidated at a single location whenever possible.

(2) Facilities required for equal or principal use of the Active Forces will be programed by the Active Forces. The ASD(MRA&L) or a designee may grant exceptions to this general policy on a specific case basis for those installations where a Guard/Reserve component has been designated as the host Service.

(3) Facilities required for sole or principal use of the Guard/Reserve components will be programed by the Guard/Reserve components.

(4) When the ASD(MRA&L) or a designee determines that the expansion, rehabilitation, or conversion of

existing armory facilities is necessary, due to the Federally-directed conversion, redesignation, or reorganization of U.S. Army or Air National Guard units, the Federal contributions to the States, Puerto Rico, Guam, Virgin Islands, and the District of Columbia may be at 100 percent of the cost involved (10 U.S.C. 2233(a)(3)).

(5) The size of each facility to be constructed shall be based upon current authorized strength in units and/ or individuals, together with the quantity and type of equipment and supplies required for proper training at the facility, and in consonance with space and facilities criteria approved or established by the ASD(MRA&L) or a designee (DoD Manual 4270.1-M, "Construction Criteria," June 1, 1978 (Advance Edition)). Facilities for Guard/Reserve component use that are acquired by other means than construction shall adhere to the same criteria as closely as possible, consistent with the physical characteristics of existing structures.

(6) When it becomes necessary for the active military forces to displace or relocate permanently housed units or activities of the Guard/Reserve components that are not mobilized, the regular military forces shall provide replacement facilities equal to those from which the units or activities are removed. In such instances, the Chief of the Guard/Reserve components or other tenant unit(s) concerned must be consulted, their relocation requirements considered, and suitable alternatives developed prior to displacement or relocation action. The replacement facilities must (i) be acceptable to the Chief of the Guard/ Reserve component of the unit being displaced, and (ii) meet approved space requirements, including storage, so as not to impede the execution of training programs. The term "acceptable" applies to the timely availability of the replacement facilities to ensure they meet the occupying units' routine readiness and training requirements. In the event new construction or major repair is required as a direct result of the dislocation/relocation, Guard/Reserve construction funds will not be authorized for project accomplishment. The foregoing provi

sions shall not apply when a tenant unit is displaced or relocated after using space on a temporary or interim basis pending the acquisition of exclusive or sole-use space.

(7) During the process of excessing land or facilities that were constructed under a Guard/Reserve military construction authorization program and that are no longer required by the Guard/Reserve component, other Guard/Reserve components will be screened to determine their needs for such resources before notifying the active Services of their availability. Army National Guard facilities constructed on State land will not be reported to the active services for availability.

(8) For each annual program, the Military Construction Program Books will address succinctly the relationship of the facilities requested to the achievement of operational readiness for each component of the Guard and Reserve forces.

(9) All annual authorization program books submitted for OSD budget review and subsequent Congressional submission will contain the information shown in § 246.8 as part of the preface of the book, with any exceptions noted on the individual project DD 1391 or DD 1391c justification document. This information will be forwarded over the signature of the official having final departmental authority for approving Guard/Reserve facilities construction projects.

(10) For all projects involving land acquisition, a site survey must be conducted prior to commencement of design. The survey will include necessary subsurface explorations and will be sufficiently thorough to make reasonably certain the site and soil conditions are such that the facility can be designed using normal engineering practices, and can be constructed within programed funds. The results of the survey will be documented in a site survey report, which will be utilized as a major consideration in the site selection process. It is not necessary to submit this report to ASD(MRA&L), but a survey and report will be made for all projects involving site acquisition and will be available upon request.

(11) Land acquisition under the Guard and Reserve title of the Annual Military Construction Authorization Act must be reported to the Congress pursuant to 10 U.S.C. 2662 if the value of the fee exceeds $50,000. Prior approval of such acquisition by the ASD(MRA&L) or a designee is required by DoD Instruction 4165.12,1 "Prior Approval of Real Property Actions," July 23, 1973.

(d) Armory Projects. (1) Armories shall be fully utilized consistent with preservation of unit integrity. Training at multiple-unit locations should be spread over a period of 4 nights per week, or 4 weekends per month, where local conditions and efficient administration of the training program make this practicable and economical.

(2) In planning its Guard and Reserve program, each Military Department shall establish an authorized strength for each existing and/or programed facility. These facilities requirements at any location will be based upon the authorized strength as specifed in DoD Manual 4270.1-M.

(3) Armories will not be acquired by purchase nor will Congressional notification be initiated for armory construction at Federal expense at any location where Guard/Reserve Component has an actual strength of less than 55, or where there is a combined (joint) actual strength of less than 100. Requirements for units of lesser strength will be justified on an individual basis under the provisions § 246.6.

(e) Nonarmory Projects. Administrative and logistics support facilities will be consolidated with training support facilities whenever possible.

(f) Design and Types of Construction. (1) Proposed definitive drawings, specifications, space criteria, and construction standards shall be devised and submitted for the approval of the ASD(MRA&L) or a designee prior to their acceptance as criteria and standards. After approval, they shall be used to the maximum extent. Similarly, exceptions to approved criteria and

'Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. Attention Code 301.