CHAPTER V-MILITARY RESERVATIONS AND NATIONAL

CEMETERIES

PART 51-LIST OF EXECUTIVE ORDERS AND PROCLAMATIONS AFFECTING MILITARY RESERVATIONS

§ 51.1a Executive orders and proclamations.1 (a) The following military reservations are set apart for the use of, or transferred to, the War Department, either wholly or in part, by the indicated documents. Documents reducing the area of the reservations are also included.

(b) The following military reservations are subject, either wholly or in part, to the provisions of the indicated documents.

1 Executive orders and proclamations issued during the period June 2, 1938 to December 31, 1939, inclusive.

§ 52.5 Acquisition by lease—(a) Leases not requiring prior approval—(1) Limitation of term and rental. Leases for the purposes and subject to the limitations of term and rental set forth in (i) and (ii) below are authorized without prior approval when funds are available and the rental consideration conforms to the prevailing rate in the locality concerned:

(i) For hire of camp sites for troops, office and storage space for small detachments, garage space, and space for recruiting stations, provided the premises are to be occupied not longer than three months and the rental for the entire period of occupancy is less than $100.

(ii) For hire of buildings and grounds required in connection with maneuvers and special field exercises, including the GHQ Air Force, when the premises are to be occupied not longer than three months and the rental for the entire term is less than $500.

(Government Lease of Real Estate) is mandatory. Informal written agreement may be worded substantially as follows:

(b) Preparation and execution of leases (1) Lessors to be informed as to (2) Informal agreements. Leases in terms. Contracting officers will be care(1) (i) and (ii) above may be by in-ful to inform fully the lessors as to the formal written agreements, but when the terms of the lease. rental in (1) (i) above exceeds $100, execution on Standard Form No. 2 (Re

(2) Lessor must have valid interest. Contracting officers will satisfy them

selves before executing leases that the person, partnership, or corporation from whom it is proposed to lease the premises has such interest therein as will insure the validity of the lease.

obtainable at a lower cost, and the rental agreed upon will be expressed in the lease as including the services to be furnished.

(c) Survey of premises in case of temporary occupancy—(1) Upon taking possession. Whenever possession of any premises is taken for the temporary use of the Army, whether requisitioned, condemned, acquired by lease, or informally occupied, the officer or other agent of the War Department taking such possession will cause a careful survey and detailed examination of the premises to

(3) Authority of lessor's agent. (i) In executing leases contracting officers will exercise great care to insure that the authority for the execution thereof on behalf of the owner by agents, trustees, etc. is adequate. See instructions on Standard Form No. 2. It will be noted that these instructions require only two authenticated copies of power of attorney or other evidence to act on behalf of the lessor. An authenticated copy of power of attorney, or other evidence, should be attached to each executed num-cupied under lease or other agreement, ber and true copy of the lease.

(ii) Corporations. When a lease is executed with a corporation, the certificate appearing at the foot of page 3 of Standard Form No. 2 will be executed by its secretary or its assistant secretary: (iii) Individuals. When the owner of the property to be leased has delegated to an agent authority to execute leases, the lease should be drawn and executed in the name of the owner "By Agent." Either the written authority of the agent to execute a lease, or the certificate of the contracting officer that he has satisfied himself as to such authority, must be attached to, or incorporated in, the lease. The form of certificate will be as follows:

I hereby certify that I have satisfied myself of the authority of the person signing the lessor's name to this lease to bind the lessor, and I have waived the filing of evidence of such authority, as permitted so to do by the Army Regulations.

(Contracting officer)

(Grade)

Such a certificate will be affixed to each signed and true copy of the lease.

(4) Effective date. Original leases must take effect on the date the premises are first occupied.

(5) Option of renewal. The limit for option of renewal should be the longest time, compatible with the interest of the Government, to which the lessor will

be made.

(2) When to be made jointly with owner. When the premises are to be oc

the survey required by (1) above will be made jointly with the owner or his authorized representative.

(3) To be signed and made part of agreement. The survey will be signed by tached to, and made a part of, the lease both persons making it and will be ator agreement. (R.S. 161; 5 U.S.C. 22) [Pars. 5, 8, 10, AR 30–1415, July 10, 1939;

4 F.R. 3521]

§ 52.7 leases.

Disposal-(a) Termination of

(2) Cancelation. Where a lease contains a cancelation privilege or where the lessor will consent to cancelation if desired by the Government before the expiration date of the lease, the field agent of The Quartermaster General having custody of the lease will serve notice of cancelation upon the lessor in accordance with the terms of the lease or, when not provided in the lease, will obtain from the lessor acceptance of cancelation, Provided, That leases containing a renewal privilege at a rental substantially lower than the prevailing rate will not be canceled without the prior approval of The Quartermaster General.

In instances where leased premises are

no longer needed and the lessor will not consent to termination prior to the expiration date of the lease, efforts will be made to sublease the premises to a desirable tenant in accordance with paragraph 4 of the lease. If no tenant can be secured, or if the lease does not (6) If heat, light, water, and other permit subleasing, report will be subservices are necessary, they will be fur-mitted to The Quartermaster General nished by the lessor when not otherwise to determine whether any other Govern

agree.

The

ment agency desires the use of the prem- | craft. (1) Owners of private aircraft ises for the unexpired term of the lease. will not be permitted to use any active A notice of cancelation will be prepared Government airdrome as a base. in triplicate. The lessor will, whenever use of such airdrome by operators of pripossible, be required to execute on all vate aircraft may, however, be permitted, three numbers of the cancelation notice in the discretion of the commanding an acknowledgement of receipt thereof. officer of the post, upon condition that Should the lessor refuse or fail to do so, the aircraft is not operated for profit, the officer serving the notice will certify that it is housed in privately owned thereon as to the fact, date, and method hangars not located on Government land, of service. and that assistance will not be required from the personnel of the post as to maintenance, repair, or operation.

Two signed numbers thereof will be immediately forwarded to The Quartermaster General, who will retain one original for file in his office and forward the other to the General Accounting Office, Audit Division. A signed copy will be delivered to the lessor. [As amended by

C 2, Dec. 19, 1938; 4 F.R. 613]

COMMANDING OFFICER

(2) In the case of Government-owned airdromes announced from time to time as being on an inactive status, operators of private and commercial aircraft may be permitted, when airdrome facilities are available, to use such facilities, subject, however, in each case to the approval of the War Department and under such regulations as are now or may hereafter be prescribed.

(3) With regard to airdromes leased § 52.18 Duties, general—(a) Emer- by the Government, owners of private gency issue of subsistence to destitute and commercial aircraft may obtain perpersons. Subsistence to destitute per-mits from the lessor to use the facilities sons to relieve starvation or extreme at such airdromes under the rules and suffering will be issued by the command-regulations that apply to the use of the ing officer as prescribed in paragraph 9, airdromes by Army organizations. In all cases, however, this permit must have the approval of the War Department.

AR 30-2210.1

(b) Quarters for civilians. The commanding officer may grant permission to servants and civilian employees to occupy such quarters as are available.

(c) Aid to mail contractors. Commanding officers will assist mail contractors by furnishing them with Government transportation, provided it can be spared without detriment to the service, when, through accident or unavoidable causes, a mail contractor is deprived of the necessary means to fulfill his contract. Such assistance will cease as soon as the contractor can, by exercise of proper diligence, resupply himself with transportation. Receipts for the transportation loaned will be taken, which, in the event of its loss or damage, will be forwarded with a report of facts to The Adjutant General in order that the expense involved may be collected through the Post Office Department.

(4) Operators of aircraft making use of the facilities at any Air Corps airdrome will be required to conform to the local rules and regulations in force at that post.

(5) While owners of private aircraft are not permitted to use any Government airdrome or landing field as a base, the commanding officer may in an emergency permit them to use such landing field, Provided, That aircraft require no Government supplies or property.

(e) Construction of buildings other than public. No buildings other than public will be erected or constructed on military reservations unless authority is granted by the Secretary of War under a revocable license in which the conditions for occupancy will be clearly set forth. Exceptions may be made with respect to unimportant and temporary

(d) Use of Government airdromes or structures such as are necessary and landing fields for privately owned air-incident to the work of contractors on Government work, Provided, That such

1 Administrative regulations of the War emporary buildings will be removed at Department relative to rations. the expiration of the permit. It is the