This part establishes policy and procedures for (a) providing information on eligibility requirements and on benefits available under the Homeowners Assistance Program authorized by Pub. L. 89-754, Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255, 1290) and (b) initial processing of applications for assistance under the Program.

§ 239.2 Applicability and scope.

The provisions of this part apply to all Department of Defense components. The programs encompasses DoD military and civilian personnel as well as affected personnel of other Federal agencies.

§ 239.3 Objective and policy.

(a) It is the objective of the DoD to assure that all applications for assistance under the program are given full consideration and that benefits under

the program are extended to all homeowners who are determined to be entitled to assistance in accordance with applicable policies and procedures.

(b) Information on the program will be disseminated on the broadest possible basis by making full use of military and public news media and by distributing a fact sheet,1 with an application form (DD Form 1607)1 through military installations and offices and through other Government agencies where practicable.

(c) All possible assistance will be given to prospective applicants by explaining the program as described in the fact sheet, verifying employment or military service records, and advising in the preparation of the application form.

§ 239.4 Procedures.

(a) Pursuant to the provisions of DoD Directive 5100.54, "Homeowners Assistance Program," December 29, 19671 the Department of the Army will establish a central office to administer, manage, and execute the program under policies and procedures prescribed by the Assistant Secretaries of Defense (Installations and Logistics) or (Comptroller). In implementing the program that office or field components thereof will take all appropriate actions, including but not limited to:

(1) Determination that a specific installation meets the requirements of Pub. L. 89-754, Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255, 1290);

(2) Determination as to the eligibility of each applicant;

1 Filed as part of original document.

(3) Determine and advise as to the most appropriate type of assistance for each applicant;

(4) Determine amounts to be paid and make such payments or, when appropriate, authorize and arrange for Federal acquisition of the applicant's property; and

(5) Maintain such records and prepare such reports as may be necessary and/ or required by ASD (I&L) and ASD (Comp). Field offices will be established at convenient locations throughout the United States to execute various functions of the central office as may be designated.

(b) Pursuant to the provisions of DoD Directive 5100.54, "Homeowners Assistance Program," December 29, 19671 the Department of the Army will establish an appeals procedure and will adjudicate appeals from applicants previously determined to be ineligible for assistance as well as from those who are dissatisfied with action on their claims.

(c) Each Military Department and Defense Agency will appoint at least one representative at headquarters level to work with the central office and the Offices of ASD (I&L) and ASD (Comp) in order to insure that the operation of the program is effective insofar as that Department or Agency is concerned. Each military installation will establish liaison with the nearest field office to obtain any further guidance or assistance desired.

re

(d) Each Department of Defense component will be furnished an initial supply of the application form and related fact sheet for distribution on a worldwide basis. An appropriate supply thereof will be distributed to each installation having a military or civilian personnel officer and also to such other activities and establishments as cruiting offices, reserve training centers, procurement offices, radar and missile sites, quality control offices, communications stations, etc., so that each may serve as a source of information on the program. Subsequent supplies of the application form and fact sheet will be procured by each DoD component as required.

(e) Each installation or establishment not having a military or civilian personnel officer will be prepared to

discuss the information contained in the fact sheet with each prospective applicant and to direct him to the nearest installation having a personnel or industrial relations officer for a more detailed explanation of the eligibility requirements and for initial processing of his application.

(f) Each installation or establishment having a military or civilian personnel officer will insure that such officers, or other appropriate officers or officials, are designated to:

(1) Provide information on the program in response to all inquiries, whether from prospective applicants or other interested parties. This will include explaining the purpose of the program, discussing eligibility requirements and benefits, providing copies of the fact sheet and application forms, and referring applicants to legal assistance officers for answers to questions of a legal nature.

(2) Advise applicants in filling out Parts I and II of DD Form 16071 (emphasizing the need for accuracy and answering all pertinent questions) and in determining what documents and other material would be acceptable as proof of homeownership and occupancy.

(i) Evidence of homeownership may include contract of sale or deed to the applicant, receipts for mortgage and tax payments, etc. as well as contract of sale or deed of conveyance from the applicant, record of foreclosure, etc. if the home has been disposed of.

(ii) Evidence of occupancy of the home by the applicant may include receipted utility bills, appointment affidavit (Standard Form 61), official correspondence or other Government forms showing the officially recognized residence address.

(iii) Documents submitted in evidence of homeownership and occupancy should be notarized or certified true copies which are complete, accurate, and legible. Certification by the applicant will be acceptable. Note that generally original copies should not be submitted because DoD cannot be responsible for the safekeeping or return of original documents.

(3) Upon receipt of a DD Form 16071 with Parts I and II completed, execute

1 Filed as part of original document.

Part III of the form indicating the results of review of the applicant's service or employment. Official personnel records will be the only source of proof of service or employment; when such records are not available locally, they will be reviewed by reference to the National Personnel Records Center in St. Louis, to the personnel office at the applicant's current place of military service or Federal employment, or to any other office where the records are held.

(i) If the review verifies that the applicant was serving or employed after November 1, 1964, or meets prescribed exceptions to that date, the personnel officer or other appropriate official will forward to the appropriate field office the completed DD Form 16071 with all supporting documents, in triplicate, together with a return envelope addressed to the applicant, for use by the field office in acknowledging receipt of the application. The application will be forwarded to the field office having jurisdiction for the purpose of this program over the base or installation where the applicant was serving or employed at the time of the closure announcement. The list of States (§ 239.5),

or parts thereof, covered by each field office will be used for this purpose. The map1 may also be used as an aid in this determination.

(ii) If the review does not verify the applicant's statement of service or employment as prescribed in paragraph (f)(3)(i) of this section, the personnel officer will enter a statement to that effect in Part III of the DD Form 16071 giving details of any discrepancies. The form will then be returned to the applicant, who will be advised that he may forward his application, with a return envelope addressed to himself, to the appropriate field office for further review.

(iii) At the time of action under paragraph (f)(3) (i) or (ii) of this section the applicant will be informed that all future inquiries regarding his application must be directed to the field office.

(4) Each installation or establishment which is designated to perform the actions required under this paragraph (f) will maintain a chronological record of each inquiry regarding the program with appropriate notation as to disposition for submission of periodic reports as required to the nearest field office.

Virginia

Georgia, North Carolina, South Carolina

Map reference

1

2

3

Florida, west of and including Leon and Wakulla Counties, Alabama, Mississippi, Tennessee.

Kentucky, Ohio, Indiana, Clark, Floyd, and Jefferson Counties only. West Virginia, Pennsylvania, west of and including McKean, Elk, Clearfield, Blair, and Bedford Counties. Illinois, Indiana except Clark, Floyd, and Jefferson Counties, Michigan, Minnesota, Wisconsin.

4

5 6

South Dakota, Wyoming.

Kansas, Missouri

10

Installation ordered to be closed in whole or in part located in:

Arkansas, Louisiana, Oklahoma, Texas, east of and including Hardeman, Foard, Knox, Haskell, Jones, Taylor, Runnels, Concho, Menard, Kimble, Val Verde, Kinney, Maverick, Witt, Zapata, Starr, Hidalgo and Cameron Counties.

New Mexico, Texas, west of and including Lipscomb, Hemphill, Wheeler, Collingsworth, Childress, Cottle, King, Stonewall, Fisher, Nolan, Coke, Tom Greene, Schleicher, Sutton, and Terrell Counties.

California, south of and including San Luis Obispo, Kern, and Inyo Counties, Arizona, Nevada, Clark, and Lincoln Counties only. California, north of and including Monterey, Kings, Tulare, and Mono Counties, Nevada, except Clark and Lincoln Counties, Utah. Idaho, Montana, Oregon, Washington

Alaska

Hawaii

Filed as part of original document.

APPENDIX A TO PART 239-AGREEMENT, HOMEOWNERS ASSISTANCE PROGRAM AGREEMENT BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

ARTICLE I-INTRODUCTION

SECTION 1. Section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (Pub. L. 89-754, enacted Nov. 3, 1966) authorizes the Secretary of Defense to provide assistance to owners of one- or twofamily dwellings located at or near military installations, ordered to be closed in whole or in part subsequent to November 1, 1964, when certain determinations have been made with respect to eligibility. In certain instances this assistance may be rendered by acquiring title to the properties of such owners under terms and conditions prescribed by the statute.

SEC. 2. Section 1013(d) of the Act provides a fund for the purpose of this program, which has been established as the Homeowners Assistance Fund, Defense. Section 1013(g) authorizes the Secretary of Defense to enter into agreement with the Secretary of Housing and Urban Development with respect to administration of the program. This agreement is executed on behalf of the Secretary of Defense by the Assistant Secretary of Defense (Installations and Logistics) pursuant to delegation of authority contained in DoD Directive 5100.54, dated December 29, 1967 (33 FR 2570) and by the Secretary of Housing and Urban Development.

SEC. 3. For the purposes of this agreement, the following definitions shall apply:

(a) Act means section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966, Pub. L. 89-754, enacted November 3, 1966.

(b) Secretary of Defense means the Secretary of Defense or an officer or employee of the Department of Defense empowered to exercise any of the functions of the Secretary of Defense under the Act.

(c) DoD means the Department of Defense. (d) Secretary, HUD or HUD means the Secretary of Housing and Urban Development or an officer or employee of the Department of Housing and Urban Development empowered to exercise any of the functions of the Secretary of Housing and Urban Development under the Act.

(e) Corps means the Office of the Chief of Engineers, Department of the Army.

(f) Division/District Engineer means either the Division Engineer of the Corps or the District Engineer of the Corps, as applicable under the circumstances, having military jurisdiction in the area in which the property is located.

(g) FHA means the Federal Housing Administration.

(h) Assistant Commissioner-Comptroller means the Assistant Commissioner-Comptroller of the Federal Housing Administration.

(i) FHA Insuring Office means the local insuring office of FHA having jurisdiction over the area where the property is located.

(j) Fund means the Homeowners Assistance Fund, Defense, established pursuant to the authority contained in section 1013(d) of the Act.

(k) Acquired property means property acquired pursuant to the Act.