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$762.126 Parties.

Wherever the term party Or parties appears herein, or any reference is made to individuals desiring to present a claim, then such term or terms of reference shall mean and include a party defendant having a counterclaim, offset, or crossclaim to present in the action.

$762.128 Forms and public information.

The Midway Islands Court shall cause to be published an information booklet or sheet describing, in language readily understandable by a layman, the procedures of the Small Claims Court, the remedies available upon judgment in the Small Claims Court, and such other information as will facilitate the utilization of the Small claims procedure; and shall also cause to be made and printed Such standardized forms as may be utilized throughout the Small claims procedure prior to, upon, and after judgment.

Subport H–Savings Clouse

$762.130 Severability of subparts, sections, paragraphs, or provisions.

In the event that any Subpart, Section, paragraph, or provision of this part shall be declared unconstitutional or Superseded by applicable federal legislation, the remainder shall nevertheless remain valid and shall be applied so as to be consistent with Such Constitutional provisions or overriding legislation.

PART 763–RULES GOVERNING PUBLIC ACCESS

Subport A–Entry Regulations for Koho'olowe Isldnd, Howdii

Purpose. Definition. Background. Entry restrictions. 763.5 Entry procedures. 763.6 Violations.

AUTHORITY: 50 U.S.C. 797; DOD Dir. 5200.8 of August 20, 1954; 5 U.S.C. 301; 10 U.S.C. 6011, 32 CFR 700.702; 32 CFR 700.714; E.O. No. 10436, 3 CFR 1949–1953 Comp. p. 930, (1958).

SOURCE: 47 FR 27553, June 25, 1982, unless otherwise noted.

Subport A-Entry Regulations for Koho’olowe Isldnd, Howdii

$763.1 Purpose.

The purpose of this subpart is to promulgate regulations for entry to Kaho’olawe Island, Hawaii, and its adjacent waters.

$763.2 Definition.

For the purpose of this subpart, Kaho’olawe Island includes that portion reserved for naval purposes by Executive Order No. 10436 of February 20, 1953.

§ 763.3 Background.

(a) Kaho’olawe Island is used by the armed forces of the United States as a training area, including bombing and gunnery training ranges under authority granted by Executive Order No. 10436. Training operations frequently involve the use of live Ordnance, creating an obvious danger to persons on Or near the island. Moreover, a large amount of unexploded ordnance is present on Kaho’olawe Island and in adjacent waters.

(b) Individuals who enter the island Of Kaho’Olawe without authority expose themselves to extremely hazardous conditions. In addition, the presence of unauthorized persons on Kaho’olawe Island or in adjacent waters is likely to interfere with the use of the island for military training. ACcordingly, it is necessary to prohibit entry to Kaho’olawe Island except under the controlled circumstances Set forth in this subpart.

$763.4 Entry restrictions.

(a) Entry by any person upon Kaho’olawe Island for any purpose is prohibited without advance authorization from Commander Naval Base. This prohibition applies to all areas of Kaho’olawe Island reserved for naval purposes by Executive Order 10436.

(b) Entry by any person into the restricted waters adjacent to Kaho'olawe Island for any purpose is prohibited without advance authorization from Commander Naval Base. This prohibition applies to all waters described in 33 CFR 204.223(4).

[47 FR 27553, June 25, 1982, as amended at 52 FR 20074, May 29, 1987]

$763.5 Entry procedures.

(a) It is the policy of the Commander Naval Base to authorize, in accordance with the Spirit Of the American Indian Religious Freedom Act (1978), reasonable access to Kaho’olawe Island during periods when it is not used for military training. However, because there are bombs and other explosives on and under the surface and in the waters of the island, and because there are significant archaeological resources thereon (in 1981, the island was placed on the National Register of Historical Places as an Archaeological District), Navy representatives accompany each island visitation to safeguard both the vistitor(s) and the island’s archaeological resources. In this regard, in order to ensure the Safety of visitors to the island and its archaeological resources, persons and Organizations wishing a Ccess to Kaho’olawe Island must comply with the following appropriate procedures: Civilians (except authorized U.S. and State representatives) must: (1) Request, in writing, access authorization from Commander Naval Base (Code 01K), Pearl Harbor, Hawaii 96860, at least 15 days prior to the acCeSS requested, providing therein Confirmed access plans (including the exact number of visitors, time, and loCation of access, designation of person in charge, and any other pertinent information); and (2) Submit to Commander Naval Base (at the aforementioned address) properly endorsed Standard Liability Release Form (obtainable from Commander Naval Base), for each access participant, at least five (5) days prior to the requested access. (b) In evaluating each request, the factors just enumerated will be weighed against training commitments, Safety requirements, specical projects, and the amount and cost of military Supervision necessitated by a granting of the request. Requests for entry will be considered on an individual basis. If a request is granted, the permission to enter Kaho’olawe Island

authorizes one visit only, and shall not be construed as authorization for more than One entry unless the authorization itself Specifically states otherwise. Moreover, entry pursuant to advance Consent, which is not in accordance with the terms and conditions permitted by Commander Naval Base, shall be deemed a violation of this subpart. (c) For Safety reasons, it is not Commander Naval Base policy to permit children below the age of 15 access to Kaho’olawe Island. (d) The following safety regulations are applicable to VisitorS to Kaho’olawe Island: (1) All visitors to the island are required to execute and submit a waiver of government liability form to a designated Navy representative prior to arrival at the island. (2) Visitors to the island will be escorted by Navy designated Explosive Ordnance Disposal (EOD) technicians to ensure that they Stay On Cleared paths, avoid impact areas, and do not touch high explosives. For visitor Safety, the directions of the military esCOrtS must be followed. (3) No person will interfere with any EOD escort in the performance of his duties. (4) Any actual or Suspected ordnance found by a visitor shall be reported to the Special Assistant for Kaho'olawe as SOOn as possible. If he is not in the vicinity, a description and location of the Ordnance should be provided to the nearest EOD technician. Everyone, Other than EOD personnel, shall remain clear of any Ordnance found. (5) Only the qualified EOD techniCians shall touch, examine, remove, attempt to remove, handle either directly or indirectly, or detonate any Ordnance, whether found on the Surface, beneath the Surface or in the waters surrounding Kaho’olawe. (6) Any proposed hike and procession route Shall be provided to the Special ASSistant for Kaho’olawe (or his designated representative) for approval and escort coordination at least twenty-four hours in advance Of the planned event. Deviation from approved routes will not be allowed. Proposed campsites for overnight hikes shall be similarly provided to, and approved by, the Special Assistant for Kaho’olawe or his designated representative. (7) No person shall move about the island after sunset unless a bonafide emergency situation arises. The Senior Naval officer present shall be immediately notified in case of Such emergency. (8) No person shall commit any of— fense proscribed by either Federal law or the State of Hawaii Penal Code, as incorporated under the Federal Assimilative Crimes Act, while on the island of Kaho’olawe. Any individual who violates any provisions of these penal codes may be prosecuted by the Federal Government and/or barred from any future access to Kaho’olawe. (9) No person shall deface, alter, remove, spoil, or destroy any archeological object, feature, or site on the island. (10) Children shall remain with their parents at all times while on the island. (11) Visitors are responsible for removing their own trash from the island.

(12) Individuals failing to abide by these safety guidelines will be precluded from future visitations.

[47 FR 27553, June 25, 1982, as amended at 52 FR 20074, May 29, 1987; 52 FR 45455, Nov. 30, 1987]

$763.6 Violations.

(a) Any person who violates this Subpart is subject to prosecution under 18 U.S.C. 1382, which provides in relevant part:

Whoever * * * goes upon any ” ” * naval * * * reservation * * * for any purpose prohibited by law or lawful regulation * * * Shall be fined not more than $500 or imprisoned not more than Six months, or both.

(b) Additionally, persons who violate this Subpart are Subject to prosecution under the Internal Security Act of 1950 (50 U.S.C. 797), violations of which may result in a maximum penalty of imprisonment, for one year, Or a fine of $5,000 Or both.

SUBCHAPTER G–MISCELLANEOUS RULES

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thorities. The receipt of Absentee Wanted by the Armed Forces (DD Form 553) or oral or written notification from military officials or Federal law enforcement officials that the person is absent and that his return to military Control is desired is authority for apprehension and will be considered as an offer of a reward. When such a reward has been offered, persons or agency representatives (except Salaried Officers or employees of the Federal Government, or Service members) apprehending or delivering absentees or deserters to military control will be entitled to a payment of (i) $50 for the apprehension and detention until military authorities asSume Control, or (ii) $75 for the apprehension and delivery to military control.

Payment of reward will be made to the perSOn Or agency representative actually making the arrest and the turnover or delivery to military control. If tWO Or more perSons Or agencies join in performing these services, payment may be made jointly or severally but the total payment or payments will not exceed $50 or $75 as applicable. Payment of a reward is authorized whether the absentee or deserter voluntarily Surrenders to civil authorities or is apprehended. Payment is not authorized for information merely leading to the apprehension of an absentee or deSerter. (2) Payment procedure. The disbursing officer, Special disbursing agent or agent officer of the military activity to which an absentee or deserter is first delivered will be responsible for payment of the reward. Payment of rewards will be made on NAVCOMPT Form 2277 supported by a copy of DD Form 553 or other form or notification that an individual is absent and that his return to military control is desired, and a statement signed by the claimant Specifying that he apprehended (or accepted voluntary surrender) and detained the absentee or deSerter until military authorities asSumed control, or that he apprehended (or accepted voluntary Surrender) and delivered the absentee Or deserter to military control. If oral notification was made in lieu of written notification, the claimant will SO certify and provide the date of notification and the name, rank or rate, title, and organization of the person who made the authorized notice of reward for apprehenSion of the absentee or deserter. (b) Reimbursement for actual expenses— (1) Authority. When a reward has not been offered or when conditions for payment of a reward otherwise cannot be met, reimbursement, not to exceed $75, may be made to any person or agency for actual expenses incurred in the apprehension and detention or delivery to military control of an absentee or deserter. If two Or more perSOnS or agencies join in performing these services, payment may be made jointly or severally, but the total payment Or payments may not exceed $25. Reimbursement may not be made for the same apprehension and detention or delivery for which a reward has been paid. Actual expenses for which reimbursement may be made include: (i) Transportation costs, including mileage at the rate of 20.05 cents per mile for travel by privately owned vehicle, for a round trip from either the place of apprehension or civil police headquarters to place of return to military control; (ii) Meals furnished the Service member for which the cost was assumed by the apprehending person or agency representative; (iii) Telephone or telegraph Communication COSt.S; (iv) Damages to property of the apprehending person or agency if caused directly by the service member during the apprehension, detention, or delivery; (v) Such other reasonable and necessary expenses incurred in the actual apprehension, detention, or delivery as may be considered justifiable and reimbursable by the commanding officer. Reimbursement will not be made for: (a) Lodging at nonmilitary confinement facilities; (b) Transportation performed by the use of official Federal, State, county, or municipal vehicles; (c) Personal Services of the apprehending, detaining, or delivering perSOn Or agency.

(2) Payment procedure. The disbursing officer or special disbursing agent of the military activity to which an absentee or deserter is first delivered will be responsible for making reimbursement for actual expenses. Reimbursement, Will be effected on NAVCOMPT Form 2277 supported by an itemized Statement in triplicate signed by the claimant and approved by the commanding officer.

(c) Reimbursement for subsistence furmished—(1) Authority. Civil authorities may be reimbursed for the cost of SubSistence furnished absentees or deserters placed in their custody for Safekeeping at the request of military authorities. Such reimbursement will be in addition to rewards and reinbursement for actual expenses authorized in paragraphs (a) and (b) of this Section.

(2) Payment procedure. The disbursing Officer or Special disbursing agent of the military activity requesting the Safekeeping confinement will be reSponsible for making reimbursement for Subsistence furnished by civil authorities. Reimbursement will be effected on NAVCOMPT Form 2277 Supported by an itemized Statement Signed by the claimant and approved by the Officer who requested the Confinement.

(d) Nothing said in this section shall be construed to restrict or exclude authority to apprehend an Offender in a CCordance with law.

(Sec. 807, 70A Stat. 39; 10 U.S.C. 807. Interpret or apply secs. 808, 7214, 70A Stat. 40, 445; 10 U.S.C. 808, 7214)

[25 FR 1075, Feb. 6, 1960, as amended at 51 FR 22283, June 19, 1986]

$765.13 Insignia to be worn on uniform by persons not in the service.

(a) Under title 10 U.S.C., Section 773, members of military Societies composed of persons discharged honorably or under honorable conditions from the United States Army, Navy, Air Force or Marine Corps, regular or reserve, may, when authorized by regulations prescribed by the President, wear the uniform duly prescribed by such societies to be worn by the members thereOf.

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