PWS 2.0_e_afi10-1002.pdf

BY ORDER OF THE SECRETARY OF

THE AIR FORCE

AIR FORCE INSTRUCTION 10-1002

8 AUGUST 2018

Operations

JOINT USE AGREEMENTS FOR

MILITARY AND CIVILIAN FLYING

FACILITIES

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

ACCESSIBILITY: Publications and forms are available on the e-Publishing website at www.e-Publishing.af.mil for downloading or ordering

RELEASABILITY: There are no releasability restrictions on this publication

OPR: AF/A3OJ

Supersedes: AFI 10-1002, 1 September 1995

Certified by: AF/A3O

(Brig Gen B. Chance Saltzman)

Pages: 46

This publication implements Air Force Policy Directive (AFPD) 10-10, Joint Use of Military and

Civilian Flying Facilities. It provides guidance for negotiating fair and reasonable charges to the

Government for joint use of the flying facilities of a public airport. It applies to Air Force personnel at all levels who are involved with Air Force operations on public airports, including the Air Force Reserve and Air National Guard. In addition, it applies to individuals involved with civil aircraft operations on Air Force airfields. This publication may not be supplemented or further implemented/extended. Refer recommended changes and questions about this publication to the Office of Primary Responsibility (OPR) using the AF Form 847, Recommendation for Change of Publication; route AF Forms 847 from the field through the appropriate functional chain of command. The authorities to waive wing/unit level requirements in this publication are identified with a Tier (“T-0, T-1, T-2, T-3”) number following the compliance statement. See AFI 33-360, Publications and Forms Management, for a description of the authorities associated with the Tier numbers. Submit requests for waivers through the chain of command to the appropriate Tier waiver approval authority, or alternately, to the requestors commander for non-tiered compliance items. Ensure that all records created as a result of processes prescribed in this publication are maintained In Accordance With (IAW) Air

Force Manual (AFMAN) 33-363, Management of Records, and disposed of IAW Air Force

Records Information Management System (AFRIMS) Records Disposition Schedule (RDS).

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SUMMARY OF CHANGES

This publication has been substantially revised and must be completely reviewed. It incorporates information from and supersedes Air National Guard Pamphlet 32-1001, Airport Joint Use

Agreements for Military Use of Civilian Airfields. The title of the publication has been changed to more accurately describe the content. It also lists “Allowable and Non-Allowable Expenses” in Attachment 3 and how to account for the Air Force fair share portion of those costs for Air

Force operations on civil airfields in Attachment 4.

1. Overview

2. General Joint Use Information

3. Roles and Responsibilities

4. Standard Procedures and Formats for Civil Use of Military Airfields

5. Standard Procedures and Formats for Military Use of Civil Airfields

6. Dispute Resolution

7. Allowable Costs and Cost Sharing for Air Force Use of Civilian Airfields

8. Terms and Conditions

9. Related Issues - Major Repairs, New Construction and Leases

10. Inspection of Air Force Aircraft Rescue and Firefighting Facilities

Attachment 1— GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION 16

Attachment 2— EXAMPLE JOINT USE AGREEMENT (CIVIL AIRFIELD 19

Attachment 3— ALLOWABLE/NON-ALLOWABLE EXPENSES 33

Attachment 4— EXAMPLE JOINT USE AGREEMENT ANNUAL SHARE

CALCULATION WORKSHEET 36

Attachment 5— EXAMPLE JOINT USE AGREEMENT (CIVIL USE OF A MILITARY

AIRFIELD) 37

Attachment 6— SAMPLE TEMPORARY AGREEMENT LETTER OF AGREEMENT 44

AFI10-1002 8 AUGUST 2018 3

1. Overview.

1.1. Joint Use Agreements. Per AFPD 10-10, the Air Force participates in two types of Joint

Use Agreements, including civil use of military airfields and military use of civil airfields.

1.1.1. Civil Use of Military Airfields. Per AFPD 10-10, Joint Use Agreements allowing civil use of Air Force airfields will be considered only if the sponsoring Government agency has sufficient financial resources to address associated civil costs or when the proposed civil use does not compromise Air Force operations, security, readiness, safety, environment or quality of life.

1.1.2. Military Use of Civil Airfields. Per AFPD 10-10, Joint Use Agreements allowing

Air Force use of a civil airfield will be pursued if the Air Force has a need for substantial use of a civilian airport. In these cases, a Joint Use Agreement will be negotiated with the civilian authority which outlines responsibilities, rights and applicable fees. Title 49, United States Code, Chapter 471, "Airport Improvement," (49 U.S.C. Sections 47101-

47144), provides that each of the Civil Airport's facilities developed with financial assistance from the United States Government will be available without charge for use by

Government aircraft, except if that use is substantial, the Government may be charged a reasonable share, proportionate to the use, of the cost of operating and maintaining the facility used.

2. General Joint Use Information.

2.1. Airport Improvement Program Assurances for Airport Sponsors, March 2014 and Title

49, U.S.C., subtitle VII , Federal Aviation Administration Grant Assurance 27 define substantial use to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with the use of the landing areas by other authorized aircraft, or during any calendar month that:

2.1.1. Five (5) or more Government aircraft regularly based at the airport or on land adjacent thereto.

2.1.2. The total number of movements (counting each landing as a movement) of

Government aircraft is 300 or more in a month.

2.1.3. The gross cumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds in a month.

2.2. “Substantial use” within the meaning of FAA Compliance Manual Order 5190.6B and

Grant Assurance 27 and 49 U.S.C. 47107(a)(11) refers to the collective use by Federal

Government aircraft and not individual branches or bureaus of the U.S. military. For example, if two Federal agencies conducted operations at an airport; and the total landings by those agencies’ aircraft exceeded 300 during a calendar month, the airport sponsor may charge each agency for its proportional use of airport facilities. It is the responsibility of the airport authority to determine when the total Government use is substantial and advise all

Government agencies using the airfield that use has exceeded “substantial use” criteria and any future use will result in charges.

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2.3. Assumptions for establishing Substantial Use at Civil Airports. Where the Air National

Guard and/or Air Force Reserve or active duty units have five aircraft permanently assigned on a civilian airport substantial use, as defined in FAA Airport Compliance Manual – Order

5190.6B and FAA Grant Assurance 27, they will be acknowledged by the Air Force and a payment agreement made to reimburse the airport for a reasonable share of the cost of operating and maintaining the facilities used. This will be assessed proportionate to the total military use (Air Force only), for both assigned and transient operations. In accordance with

Paragraph 7.3.2., the lead Air Force unit will not be responsible for other agencies portions of total operating costs should they choose not to participate in the agreement. The Deputy

Assistant Secretary of the Air Force (Installations) will direct other Air Force units to enter into a Memorandum of Agreement with Air Force Reserve or Air National Guard or discontinue use of the airport. The Deputy Assistant Secretary of the Air Force

(Installations) will work with other military services and federal agencies to solicit their participation in the agreement in accordance with Federal guidelines. The civil airport authority is responsible for identifying other units (Air Force and other agencies) that are users of the airport and for identifying their proportionate share of that use.

2.4. The Joint Use Agreement at Air Force airfields will specify that all costs over and above normal Air Force operating costs for the airfield will be paid by the civil user. The Joint Use

Agreement, or a Letter of Agreement directed under the Joint Use Agreement, will specify these costs to be passed to the civil user but will not include costs associated with normal or routine operations of the airfield which would be paid by the Air Force if the civil user were not operating on the airfield. For major repairs, new construction, and leases, see paragraph

9.

2.5. Assumptions for Airport Operations Agreements. Per AFPD 10-10, the Air Force may need to conduct limited operations from an airport or flying facility that is not supported by the Federal Government. If so, an airport operations agreement may be negotiated with the facility’s managing director.

2.6. Provision for mid-term renewals of Joint Use Agreements should be incorporated as terms in any Joint Use Agreement. In accordance with these terms, mid-term renewals may be requested by either the Air Force or the civil airport authority if services provided or costs incurred have changed significantly. Both parties must agree to a mid-term renegotiation.

3. Roles and Responsibilities.

3.1. Deputy Assistant Secretary of the Air Force (Installations), will develop policy and oversight for the Air Force's installation programs and is the approval authority for Joint Use

Agreements. All negotiated agreements must be submitted in writing to the Deputy Assistant

Secretary of the Air Force (Installations) for approval prior to signature by the concerned parties. This approval authority may not be delegated for military installations. For Joint Use

Agreements and airport operations agreements at civil airports, negotiation authority and execution may be delegated on a case-by-case basis to the Major Command level, but no further.

3.2. Air Force General Counsel (SAF/GC) through the Deputy General Counsel, Installations, Energy and Environment (SAF/GCN) will coordinate on negotiated agreements to ensure they are legally sufficient prior to approval by the Deputy Assistant Secretary of the

Air Force (Installations).

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3.3. Headquarters United States Air Force, through the Director of Current Operations

(AF/A3O) and the Military/Civil Aviation Integration Division (AF/A3OJ), will be the

Office of Primary Responsibility for all Joint Use Agreements for civil use of military airfields and active duty use of civil airfields. In addition, the Military/Civil Aviation

Integration Division will be a coordinating office on all ANG and (Air Force Reserve

Command (AFRC) negotiated agreements at civil airfields to ensure all impacts have been considered and addressed before forwarding a joint use proposal or agreement to the Deputy

Assistant Secretary of the Air Force (Installations).

3.4. The Deputy Chief of Staff, Logistics, Engineering, & Force Protection (AF/A4) shall review all proposed active duty agreements and renewals. Coordinate on all proposed airfield Joint Use Agreements for compliance with the environmental impact analysis process and other civil engineering related environmental considerations for civilian operations on military airfields.

3.5. The National Guard Bureau Civil Engineer (NGB/A4) is responsible for negotiation of agreements where a based Air National Guard unit is the host. Authority to negotiate agreements and renewals will not be delegated to the field unit.

3.5.1. Air National Guard Units. The unit commander designated as lead for the agreement (or his designated representative) will facilitate data collection and meetings, if required, but will have no authority to conduct negotiations or agree to terms and conditions for the Joint Use Agreement. (T-2) Operations personnel will assist in collecting flight data and validating percentage of flying by Air National Guard and non-

Air National Guard units when possible, and where the data is readily available. (T-2)

Various base offices will assist in calculating the value of Air National Guard provided services. (T-2)

3.5.2. The National Guard Bureau office of primary responsibility (NGB/A4A) will track existing Joint Use Agreements to facilitate their timely renewal. All renewal actions will begin not less than two years prior to the expiration of the existing agreement.

3.6. The Air Force Reserve Command Civil Engineer (AFRC/A4C) is responsible for negotiation of agreements where a based Air Force Reserve Command unit is the host.

Authority to negotiate agreements and renewals will not be delegated to the field unit.

3.6.1. Air Force Reserve Command Units. The unit commander designated as lead for the agreement (or his designated representative) will facilitate data collection and meetings, if required, but will have no authority to conduct negotiations or agree to terms and conditions for the Joint Use Agreement. (T-2) Operations personnel will assist in collecting flight data and validating percentage of flying by Air Force Reserve Command and non-Air Force Reserve Command units when possible, and where the data is readily available. (T-2) Various base offices will assist in calculating the value of Air Force

Reserve Command provided services. (T-2)

3.6.2. AFRC/A4C will track existing Joint Use Agreements to facilitate their timely renewal. All renewal actions will begin not less than two years prior to the expiration of the existing agreement.

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3.7. For Air Force operations on civilian airports, negotiations will be coordinated with all other military units assigned or operating from the location. United States Property and Fiscal

Officer will act in an advisory role during negotiations for Air National Guard, Air Force

Reserve Command, and Army National Guard units, but will have no authority to conduct negotiations or agree to terms and conditions for the Joint Use Agreement. (T-2)

3.8. There shall only be one Air Force agreement supporting military operations for each civil airport used. When more than one Air Force unit regularly uses a civil aviation facility, the Deputy Assistant Secretary of the Air Force (Installations) will designate a lead unit who will attempt to account for the use by all Air Force activities and be the lead in discussions with civil airport officials. Any Air Force user that refuses, fails to participate, or does not reply to requests from the lead unit will be directed to terminate operations at the airfield. A

Letter of Agreement or Memorandum of Agreement among AF units located at or using the flying facilities at each civil airport is required to address funding, billing, payments and other issues. (T-1)

4. Standard Procedures and Formats for Civil Use of Military Airfields

4.1. An agreement between the Air Force and a local government agency is required before a community can establish a public airport on an Air Force airfield. Generally, the Air Force is willing to consider joint use at an airfield if the airfield does not have pilot training, nuclear storage, or a primary mission that requires a high level of security. Civil operations must begin within 5 years of the effective date of an agreement. Operational considerations will be based on the premise that military aircraft will receive priority handling (except in emergencies), if traffic must be adjusted or re-sequenced. The Air Force normally will not consider personnel increases solely to support civil operations but, if accommodated, all costs must be fully reimbursed by the joint use sponsor. The Air Force will not provide personnel to install, operate, maintain, alter, or relocate navigation equipment or aircraft arresting systems for the sole use of civil aviation. Changes in equipment or systems to support the civil operations must be funded by the joint use sponsor. The Air Force must approve siting, design, and construction of the civil facilities.

4.2. Procedures for Sponsor. To initiate consideration for joint use of an Air Force airfield, a formal proposal must be submitted to the installation commander by a state or local government agency eligible to sponsor a public airport. The proposal must include:

4.2.1. Type of operation.

4.2.1.1. Type and number of aircraft to be located on or operating at the airfield.

4.2.1.2. An estimate of the number of annual operations for the first 5 years.

4.3. Air Force Procedures for Civil Use of an Air Force Airfield:

4.3.1. Upon receipt of a joint-use proposal, the installation commander, without pre-commitment or comment, will send the documents to the Air Force Representative at the

Federal Aviation Administration Regional Office within the geographical area where the installation is located. AFI 13-201, Airspace Management, lists these Air Force

Representatives and their addresses. The installation commander must provide an information copy of the proposal to HQ USAF/A3OJ, 1480 Air Force Pentagon, Washington DC 20330-1480.

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4.3.2. The Air Force Representative provides comments to the installation commander on airspace, air traffic control, and other related areas, and informs local Federal Aviation

Administration personnel of the proposal for joint use.

4.3.3. The installation, the numbered Air Force, and the Major Command will then evaluate the proposal. (T-1) The Major Command will send the comments and recommendations from all reviewing officials to Headquarters United States Air Force, Military/Civil Aviation Integration Division (AF/A3OJ) at the address listed above in paragraph 4.3.1.

4.3.4. Factors considered in evaluating joint use include, but are not limited to:

4.3.4.1. Impact on current and programmed military activities at the installation.

4.3.4.2. Compatibility of proposed civil aviation operations with present and planned military operations.

4.3.4.3. Compatibility of communications systems.

4.3.4.4. Instrument capability of crew and aircraft.

4.3.4.5. Runway and taxiway configuration. (Installations with single runways normally will not be considered for joint use.)

4.3.4.6. Security. The possibility for sabotage, terrorism, and vandalism increases with joint use; therefore, joint use will not be considered:

4.3.4.6.1. If military and civil aircraft would be collocated in hangars or on ramps.

4.3.4.6.2. If access to the civil aviation facilities would require routine transit through the base.

4.3.4.7. Fire, crash, and rescue requirements.

4.3.4.8. Availability of public airports to accommodate the current and future air transportation needs of the community through construction or expansion.

4.3.4.9. Availability of land for civil airport complex. Note: The majority of land required for a terminal and other support facilities must be located outside the installation perimeter or at a site that will allow maximum separation of military and civil activities. If the community does not already own the needed land, it must be acquired at no expense to the Air Force. The Air Force may make real property that is not presently needed, but not excess, available by lease under Title 10, United

States Code, Section 2667. An application for lease of Air Force real property must be processed through the chain of command to the Air Force Civil Engineering

Center, Installations Center of Excellence, Real Estate Transaction Division, 2261

Hughes Avenue, Suite 121, Lackland AFB, TX 78236-9821, as prescribed in Air

Force Handbook 32-9003, Managing Air Force Real Property. (T-1) All real property leases require payment of fair market consideration and normally are processed through the Corps of Engineers. The General Services Administration must be contacted regarding availability of excess or surplus Federal real property and an application submitted through Federal Aviation Administration for an airport use public benefit transfer under Title 49, United States Code, 47151-47153.

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4.3.5. When the Air Force determines that joint use may be compatible with its defense mission, the Environmental Impact Analysis Process (EIAP) must be completed before a final decision can be made. EIAP is defined in 32 Code of Federal Regulations Part 989.

The EIAP shall inform the approval authority prior to any commitment of Air Force resources and may apply to either civil use of military airfields or military use of civil airfields. For requests by non-Air Force entities, see 32 CFR §989.7. Environmental

Impact Analysis Process documentation developed in support of a proposal shall be made available for review at the draft and final stages and shall accompany the proposal through the Air Force review, coordination, and decision process.

4.3.6. The Military/Civil Aviation Integration Division (AF/A3OJ) can begin negotiating a joint-use agreement after the environmental impact analysis process is completed. The agreement must be concluded on behalf of the Air Force by the Deputy Assistant

Secretary of the Air Force (Installations) as the approval authority for use of Air Force real property for periods exceeding 5 years. The joint-use agreement will state the extent to which the provisions of AFI 10-1001, Civil Aircraft Landing Permits, apply to civil aircraft operations. The agreement will include a fee structure for civil use per paragraph

4.3.7.1.

4.3.6.1. Joint Use Agreements are tailored to accommodate the needs of the community and minimize the impact on the defense mission. Although each agreement is unique, Attachment 5 provides basic terms that are frequently included in such agreements.

4.3.6.2. Agreements for joint use at Air Force airfields on foreign soil are subject to the requirements of AFI 51-701, Negotiating, Concluding, Reporting, and

Maintaining International Agreements.

4.3.7. The Military/Civil Aviation Integration Division, the Deputy General Counsel, Installations, Energy, and Environment and the Deputy Assistant Secretary of the Air

Force (Installations) approval is required to amend existing joint use agreements. The evaluation and decision processes followed in concluding an initial joint-use proposal must be used to amend existing joint-use agreements.

4.3.7.1. Fees associated with civil use of Air Force airfields. Operating costs associated with the airfield that are normal for the Air Force’s mission cannot be passed on to or allocated to the civil joint use partner. This would include firefighting costs (unless additional requirements are directly generated by civil use), lighting or electrical costs (unless additional requirements are directly generated by civil use), and other normal operating costs (mowing, snow removal, tower costs), unless those cost are directly attributable or increased by civil use of the airfield. However, periodic maintenance of and repairs to the runways and taxiways used by the civil partner’s aircraft can be passed to the civil partner on a fair share costs basis.

5. Standard Procedures and Formats for Military Use of Civil Airfields.

5.1. To ensure consistency among agreements, all Joint Use Agreements for use of civil airfields will follow a standard process for calculation of fees (Attachment 4) and a standard format agreement (Attachment 2).

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5.2. National Guard Bureau Civil Engineer Programs Branch for the ANG and Air Force

Reserve Command Civil Engineer Operations Flight for AFRC will initiate renewal negotiations with airport owner or operators not less than 1 year (AFRC) or 2 years (ANG) prior to the expiration of the Joint Use Agreement then in effect. The new Joint Use

Agreement should be signed by all parties prior to the expiration of the existing agreement.

5.2.1. When a renewal cannot be completed prior to expiration of the existing agreement, all affected organizations must take steps to ensure all payments are terminated. The Air

Force Reserve Command, Installation Support and Asset Management Office, will further advise affected installation commanders to take steps to ensure all payments are terminated. Air National Guard and Active Duty units must take necessary steps to ensure all payments are terminated. (T-1)

5.2.2. If fiscal years are crossed while negotiations are ongoing, funds in the budget anticipated for each year should be obligated by year via AF Form 406, Miscellaneous

Obligation/Reimbursement Document (MORD), in accordance with Defense Finance and

Accounting Service DFAS-DE 7010.2-R, Commercial Transactions at Base Level, until a final fee is agreed to. Missed payments are then made with these properly obligated funds.

5.2.3. When a renewal cannot be completed prior to expiration of the existing agreement, Title 42 USC, Chapter 15A, Subchapter 1, Sec. 1856b allows a unit that is the primary source of fire protection on the airport to continue to respond to civil aircraft emergencies, if there is a Mutual Aid Agreement between the public airport’s fire department and the Air Force for providing aircraft rescue and firefighting services.

5.2.4. The Air Force may request a renegotiation of its fair share cost for operation and maintenance of the jointly used flying facilities if a new construction or a major repair project is projected to take 60 days or more to complete. The renegotiation may include a reduction of operation and maintenance costs if no alternative jointly used flying facilities at the airport are made available for Air Force use.

5.3. The renewal process will be completed in four phases.

5.3.1. Phase 1 - Data Collection. A copy of this Air Force Instruction and associated cost worksheet will be provided to each airport prior to negotiations. The cost worksheet and control tower operations information must be collected by the airport and unit or installation and forwarded to the Government (National Guard Bureau, Air Force Reserve

Command or the Military/Civil Aviation Integration Division) prior to beginning negotiations.

5.3.1.1. If the airport has an alternative budget document that clearly delineates joint use area operations and maintenance costs, it can be submitted in lieu of the cost worksheet.

5.3.1.2. Control tower operations information should include, as a minimum, the total number of military operations for an entire fiscal or calendar year and the total number of all operations for the same period.

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5.3.2. Phase 2 - Negotiation. A team from the Government (National Guard Bureau, Air

Force Reserve Command or the Military/Civil Aviation Integration Division) or the lead unit will negotiate with unit representatives and airport officials to reach an agreement in principal. These negotiations may be by phone, video conference, or in person, with the method of negotiations determined by the Government. This phase may conclude in a single session, but can require several meetings if additional data is required or there is disagreement over the cost calculation.

5.3.3. Phase 3 - Draft Agreement. When an agreement in principal is reached, National

Guard Bureau, Air Force Reserve Command, the Military/Civil Aviation Integration

Division or the lead unit will produce a draft document using the standard format at

Attachment 2. This draft will be sent electronically to the unit and airport officials for review. When the draft is approved by all parties it will be sent to the Military/Civil

Aviation Integration Division for review and Deputy General Counsel, Installations, Energy and Environment for legal sufficiency and coordination prior to sending the draft

Joint Use Agreement to the Deputy Assistant Secretary of the Air Force (Installations) for approval to execute.

5.3.4. Phase 4 - Final Agreement.

5.3.4.1. For Air National Guard agreements, after Deputy Assistant Secretary of the

Air Force (Installations) approval, four originals of a final document will be provided by the Deputy Assistant Secretary of the Air Force (Installations)’s office to the Air

National Guard unit, for signatures and then these four originals (with signatures) are returned to National Guard Bureau. The National Guard Bureau will provide a copy of executed agreement to The Adjutant General of the applicable State Government.

Signatures on the document are the Adjutant General, the United States Property and

Fiscal Officer (coordination only) and Air National Guard Civil Engineer (final signature on behalf of the Chief, Air National Guard) for Air National Guard units.

5.3.4.2. For non-Air National Guard agreements, Deputy Assistant Secretary of the

Air Force (Installations) will sign unless the signature authority has been delegated to the Major Commands. Following final signature, the four originals will be provided to: the airport authority; the SAF/IEI, AF/A3OJ, and SAF/GCN.

5.3.4.3. Airport signatures can vary depending on local requirements. Requested signature blocks should be identified by the airport during the draft review.

5.4. If negotiations reach an impasse, the issue will be referred to Deputy Assistant Secretary of the Air Force (Installations) for final determination. Deputy Assistant Secretary of the Air

Force (Installations) will review all airport and military costs and operations and issue a determination on the appropriate fee. This determination will be binding on the AF and will limit any further negotiations.

6. Dispute Resolution.

6.1. Should a dispute arise between the airport and the Air Force under or related to the Joint

Use Agreement, the airport and the Air Force shall attempt to resolve the dispute through informal negotiations in good faith at the lowest level practicable.

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6.2. As a general rule, disputes shall be resolved through the functional chain of command to include Deputy Assistant Secretary of the Air Force (Installations) as the final decision authority.

7. Allowable Costs and Cost Sharing for Air Force Use of Civilian Airfields.

7.1. The Joint Use Agreement for Air Force use of a civilian airfield is not a contract or

Federal award. It is a payment document. As such it does not require a contracting warrant for execution and is not subject to the cost accounting principles of Office of Management and Budget (OMB) Circular A-87, Cost Principles for State, Local and Indian Tribal

Governments codified at 2 CFR Part 225 found at www.gpo.gov.

7.2. The Government will share in appropriate direct costs of operating and maintaining the jointly used areas. Attachment 4 is a guide to calculating allowable costs for Air Force use of a civilian airfield. This is just a guide and is not necessarily all inclusive. Additional categories may be included, but must be accompanied by supporting documentation.

Alternative budget documents produced by the airport for other purposes may be submitted in lieu of this worksheet if they clearly delineate direct joint use area costs from all other airport costs. Allowable and non-allowable expenses are delineated in Attachment 3.

7.2.1. Direct costs do not include the overhead costs of operating the airport such as:

7.2.1.1. Indirect costs (consulting fees, professional fees, environmental fines, training, facility maintenance, board meeting expenses, employee incentives, awards, etc.).

7.2.1.2. Administrative overhead (administrative salaries, marketing, travel, postage, janitorial, telephone, office supplies, uniforms/safety gear etc.).

7.2.1.3. Authority accounting (profit, overhead, debt service, depreciation, deferred maintenance, contingencies, etc.).

7.2.1.4. Insurance (liability, fire or land).

7.2.1.5. Benefits included in salaries paid to the federal government (to include taxes) or to a contractor or union (overhead).

7.2.1.6. If a project is eligible for Federal Aviation Administration funding under the

Airport Improvement Program then the maximum federal participation will be provided by Federal Aviation Administration. The government will not offset the

Federal Aviation Administration share of the project and cannot, by law, offset the minimum contribution required by the airport.

7.2.2. The jointly used areas are generally only the runways and taxiways of the airfield.

7.2.2.1. Jointly used area costs do not include commercial areas such as terminals, parking ramps, maintenance hangars, parking garages, etc.

7.2.2.2. Certain features of the airfield will not be excluded from the cost calculation simply because they are not routinely used by the based military aircraft. Example:

the maintenance costs and traffic counts associated with a runway that is too short for the based aircraft will not be excluded since it could be used by military aircraft from other units.

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7.2.3. Where the airport, at the military’s written request, provides a service specifically and solely for the benefit of the military, 100% of the airport’s expense can be claimed under the Joint Use Agreement. Specific supporting documentation of actual costs must be provided by the airport to justify these 100% line items.

7.3. Proportionate use is defined as the percentage of local military operations. This will be calculated by dividing the total number of local military operations by the total number of all operations as shown in a tower count for an entire fiscal year or calendar year. (Attachment

4).

7.3.1. Weight based calculations are not allowed in calculating proportionate use. The operations and maintenance costs covered by the Joint Use Agreement are not affected by aircraft weight so it is not an appropriate metric for determining the military proportionate use.

7.3.2. The lead unit, as determined by Deputy Assistant Secretary of the Air Force

(Installations), is responsible for negotiating on behalf of all military users; however, each unit that contributes to the total percentage of military operations, will be individually responsible for their portion of the fee. The total fee will be prorated to all military users based on their proportion of the military tower count.

7.3.3. A Letter of Agreement or Memorandum of Understanding is required between all military units at each civilian airfield to document prorated shares and procedures for addressing funding and payment issues. The responsibilities, obligations and required payments if any, of Air Force units that elect to no longer use the airports jointly used facilities prior to the expiration or termination of the agreement should also be addressed.

7.3.4. Where helicopter operations are included in the military tower count, each helicopter operation will be counted on an equal basis with fixed wing aircraft. No discount will be given since the costs covered under the Joint Use Agreement are not dependent on the weight of the aircraft. The only exception to this rule would be a location where the helicopter unit has its own landing pads and does not use the joint areas of the airport in any way. In this case, the helicopter count should be eliminated from the tower counts.

7.4. When negotiating the cost of the Government’s proportionate share of operating and maintaining the joint use area and its flying facilities, the airport shall consider the cost avoidance in the area of fire protection services, control tower operations, weather services, grass mowing, snow removal, airfield sweeping, grounds maintenance, security, operations, etc., provided by the military to obtain a fair proportionate cost for the government’s substantial use. This must include consideration of any airport cost avoidance associated with Air Force operations mentioned above.

7.4.1. The Government’s reduced fair share of Operations and Maintenance cost for provided services is based on the value of the cost avoidance to the airport. Only the portion of a service the airport would be required to supply per Federal Aviation

Administration rules can be considered as a reduction to the Joint Use Agreement fee.

Example: if the military fire department is primary (provides Aircraft Rescue and

Firefighting for both civil and military aircraft) on the airfield and the station has 24 people, but Federal Aviation Administration would only require a station with 16, then

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the Government’s Joint Use Agreement fee would be reduced by the value of salaries, vehicles, equipment, etc., for 16 people.

7.4.1.1. When calculating the Government cost for the airport providing aircraft rescue and firefighting services for military aircraft, only the level of service the Air

Force would be required to obtain per DoD and Air Force policy and/or the National

Fire Protection Association standards can be considered as an allowable cost as part of the joint use fees. Example: If the airport fire department is the primary (provides

Aircraft Rescue and Firefighting for both civil and military aircraft) on the airfield and the station has 24 people but DoD and Air Force policy only require a station with 16 people for military aircraft, then the allowable cost for aircraft rescue and firefighting services would be reduced by the value of salaries, vehicles, equipment, etc., for 16 people.

7.4.2. Where aircraft rescue and firefighting is provided under a mutual aid agreement between the airport fire department and military fire department located at the airport, the costs for either party (airport or Government unit) will be considered as offsetting. Fire protection will not be a part of the cost calculation and the final agreement will only make reference to the Aircraft Rescue and Fire Fighting mutual aid agreement. Fire protection mutual aid agreement with structural fire departments located off the public airport will not be considered as offsetting.

7.4.3. Only direct costs of providing the services will be considered when determining the airport’s cost avoidance since only direct airport costs are allowed as part of the Joint

Use Agreement fee.

7.5. An inflation clause can be added to the calculated fee if all calculations are done using past year actual cost figures. If the calculation uses projected budget figures then inflation is already included and will not be added again.

7.5.1. The maximum inflation allowable is the Air Force recognized consumer price index value. This will be added to each year’s fee over the term of the agreement and then converted back to a level annual payment to simplify accounting.

8. Terms and Conditions.

8.1. Joint Use Agreement payments can be made in a variety of ways depending on local requirements or desires (monthly, quarterly, annually). The standard document assumes payments will be made in arrears. Payment in advance can be allowed if additional language is added to the agreement stipulating a pro-rata return of the payment in the event of early termination.

8.2. Joint Use Agreements at civil airports will normally be for a period of five (5) years;

however, longer terms are possible when there are no projected changes. Joint Use

Agreements may be negotiated for a shorter period if there is sufficient justification provided by the airport. Longer Joint Use Agreements may be negotiated at the mutual agreement of both parties. Joint Use Agreements for civil use of military airports will normally be for a minimum of 25 years.

14 AFI10-1002 8 AUGUST 2018

8.3. If requested by both parties, a separate operations agreement can be drafted and signed at the local level. This operations agreement can cover such issues as airfield access and security, emergency procedures, snow plans, master planning arrangements, etc. but will not include any financial provisions. This agreement can be referenced in the Joint Use

Agreements if the signed document is submitted with the Joint Use Agreement for staffing.

8.4. Where fire protection is provided by the government or the airport exclusively, the local unit may draft and sign a separate fire operations agreement. This agreement can cover operational issues but will not include any financial provisions. This agreement can be referenced in the Joint Use Agreement if the signed document is submitted with the Joint Use

Agreement for staffing.

8.5. Where air traffic control services are provided by the Government at a civil airport, either through an air traffic control squadron or by contract services, the local unit may draft and sign a separate air traffic control operations agreement. This agreement can cover operational issues but will not include any financial provisions. This agreement can be referenced in the Joint Use Agreement if the signed document is submitted with the Joint Use

Agreement for staffing.

9. Related Issues - Major Repairs, New Construction and Leases.

9.1. The Joint Use Agreement covers shared operations and maintenance costs only. Major repair and/or new construction projects required in the jointly used areas of the airport are not included in the Joint Use Agreement. Government contribution to any such project will be negotiated and covered in a separate written agreement with the owner or operator of the airport at the time the work is required. No cost avoidance to the Joint Use Agreement fee will be sought for joint participation in these projects. No increase in the Joint Use

Agreement fee will be granted for projects completed by the airport or the depreciation associated with them.

9.1.1. Joint participation projects will be completed using a military construction cooperative agreement. These agreements are separate and distinct from the Joint Use

Agreement and must be able to stand the audit test on their own merit. Military construction cooperative agreement can be initiated by the local Base Civil Engineer and are submitted to National Guard Bureau, Air Force Reserve Command, or Deputy

Assistant Secretary of the Air Force (Installations) for approval and programming.

9.1.2. Joint participation projects will be evaluated for approval based on three criteria.

There must be a military need for the project, the project must not be eligible for Airport

Improvement Project funding through Federal Aviation Administrations, and there must be federal funds available for the project.

9.1.2.1. Per 49 U.S.C. Section 47109 if a project is eligible for Federal Aviation

Administration funding under the Airport Improvement Project program then the maximum federal participation will be provided by Federal Aviation Administration.

The government will not offset the Federal Aviation Administration share of the project and cannot, by law, offset the minimum contribution required by the airport.

AFI10-1002 8 AUGUST 2018 15

9.1.2.2. Construction of Joint Use Projects at civil airports shall be conducted and phased in such a manner, and shall minimize any adverse impact on Government aircraft movements or other activities, to allow all military units at or using the

Airport to continue to carry out their assigned operational and training missions.

9.1.2.3. The civil airport will ensure Government access to alternative runways during Joint Use Project construction or maintenance, major repair, or new construction activity.

9.1.2.4. If the civil airport is unable to provide access to an alternate runway(s) during New Construction or Major Repair of the jointly used flying facilities, the

Government shall notify the airport in writing within 30 business days after receipt of a Construction/Major Repair Notice that the proposed Joint Use Project, major repair, maintenance, or new construction activity will have an adverse impact on its operations, and that it will either request renegotiations or suspension of payments required under the Joint Use Agreement for the period when the Jointly Used Flying

Facilities are unavailable to the Government, or at its sole discretion terminate the

Joint Use Agreement.

9.2. Long term leases for property occupied by Air Force units are separate and distinct from the Joint Use Agreement. While some Joint Use Agreements do run concurrently with the lease, they are separate programs and are not dependent upon each other. No cost avoidance to the Joint Use Agreement fee will be sought for lease payments made and no increase in

Joint Use Agreement fee will be granted to the airport to supplement lease payments.

9.2.1. In most cases, lease payments for property occupied by the Air Force units are at a nominal rate ($1 per year). This is consistent with Federal Aviation Administration policy which states that aviation related military units are not required to pay fair market value for leased property. This practice does not violate Federal Aviation Administration

Grant Assurances.

10. Inspection of Air Force Aircraft Rescue and Firefighting Facilities.

10.1. At joint use airports where the DoD provides primary Aircraft Rescue and Firefighting services for both civil and military aircraft, DoD policy and Federal statute do not permit the

Federal Aviation Administration to inspect DoD controlled airfields or portions of a civil airfield under exclusive DoD or military control. Similarly, DoD policy and Federal statute do not permit Federal Aviation Administration inspection of Aircraft Rescue and Firefighting facilities, equipment and records where DoD provides Aircraft Recue and Firefighting services. The Federal Aviation Administration and DOD have agreed to standard operating procedures at civil airports where the operators are taking credit for the DOD/AF provided

Aircraft Recue and Firefighting services pursuant to 14 CFR Part 139. At those locations, Air Force Aircraft Recue and Firefighting inspection procedures will be used in accordance with National Part 139 CertAlert (No. 12-05; Dated Jul 13, 2012), available at www.faa.gov.

MARK C. NOWLAND, Lt General, USAF

Deputy Chief of Staff, Operations

16 AFI10-1002 8 AUGUST 2018

Attachment 1

GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION

References

AFPD 10-10, Joint Use of Military and Civilian Flying Facilities, 25 October 2007

AFI 10-1001, Civil Aircraft Landing Permits, 01 September 1995

AFI 13-201, Airspace Management, 21 August 2012

AFI 33-360, Publications and Forms Management, 1 December 2015

AFI 51-701, Negotiating, Concluding, Reporting, and Maintaining International Agreements, 05

December 2017

AFMAN 33-363, Management of Records, 01 March 2008

AF Handbook 32-9003, Granting Temporary Use of Air Force Property, 19 Aug 1997

Airport Improvement Program Assurances for Airport Sponsors, March 2014

FAA Airport Compliance Manual Order 5190B, Chapter 7, September 2009

OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments, 1 January

14 CFR, Code of Federal Regulations, Part 139

32 CFR, Code of Federal Regulations, Part 989

National Part 139 CertAlert (No. 12-05; Dated Jul 13, 2012)

10 USC, Section 2667

42 USC, Chapter 15A, Subchapter 1, Sec. 1856b

Title 49, USC 47101-47125

Title 49, USC 47109

Title 49, USC 47151-47153

Prescribed Forms

None

Adopted Forms

AF Form 679, Air Force Publications Compliance Item Waiver Request/Approval

AF Form 847, Recommendation for Change of Publication

AF Form 406, Miscellaneous Obligation/Reimbursement Document (MORD)

DFAS-DE 7010.2-R, Commercial Transactions at Base Level

AF Form 813, Request for Environmental Impact Analysis

AFI10-1002 8 AUGUST 2018 17

Terms

Aircraft—Any contrivance now known or hereafter invented, used, or designed for navigation of or flight in navigable airspace as defined in the Federal Aviation Act. Unmanned Aerial

Systems and Remotely Piloted Aircraft are considered no different than manned aircraft in the

Air Force.

Airfield—An area prepared for the accommodation (including any buildings, installations, and equipment), landing, and take-off of aircraft.

Civil Aircraft—Any United States or foreign-registered aircraft owned by non-governmental entities, and foreign government-owned aircraft that are operated for commercial purposes.

Civil Aviation—All aircraft of any national registry, including:

Commercial Aviation—Civil aircraft that transport passengers or cargo for hire.

General Aviation—Civil aircraft that do not transport passengers or cargo for hire.

Environmental Planning Function (EPF)—Supports the Environmental Impact Analysis

Process (EIAP) by bringing key participants in at the beginning of a proposed action and involves them throughout the EIAP. At the request of the proponent, prepares environmental documents using an interdisciplinary approach, or obtains technical assistance through Air Force channels or contract support. Assists the proponent in obtaining review of environmental documents. Assists the proponent in preparing a DOPAA and actively supports the proponent during all phases of the EIAP. Evaluates proposed actions and completes Sections II and III of

AF Form 813.

Installation Commander—The individual with ultimate responsibility for operating the airfield and for base operations (normally a wing or group commander), as determined by the MAJCOM.

Jointly Used Flying Facilities—The areas of a joint use airport that are jointly used by civilian and federal Government aircraft. This area is generally limited to the runways and taxiways. A map delineating these areas will be included in the JUA.

Joint Use Agreement (JUA) (also called an Airport Joint Use Agreement (AJUA)—An agreement allowing civilian use of an Air Force airfield or Air Force use of a civilian airfield. At an Air Force airfield, it is an agreement between the Air Force and a local government agency to establish a public airport. At a civilian airfield it is an agreement allowing a military unit stationed at a civilian airport that delineates responsibilities and outlines payment arrangements pursuant to the requirements of Title 49 USC, Section 47101-47129.

Joint Participation Project—Major repair or new construction efforts done on the jointly used areas that are jointly funded by the airport and the military.

Joint Use Areas—The areas of a civilian airport that are jointly used by civilian and military aircraft. This area is generally limited to the runways and taxiways.

Mutual Aid Agreement—Agreement between the airport fire organization and a military fire organization located on the airport for mutual aid in furnishing Aircraft Rescue and Firefighting services.