§ 556.23 - Use of space and facilities.

Most POs require space only for periods of time necessary to conduct regular organizational meetings or for other occasional or nonrecurring PO-sponsored events. Installation commanders may grant use of space to include utilities, in-place equipment, and janitorial supplies used without charge when it is incidental to other uses of the facility. PO use of space is governed by AR 405-80. Specific provisions are as follows:

(a) Use of space or facilities under license agreement. Use may be granted by means of a revocable-at-will license and will be defined as occasional, nonregular, regular part-time, or full-time use of space, and will not contain any of the terms in paragraph (b) of this section. Commanders will determine whether or not the license will be on a rent-free basis. POs have no property rights when use of space is granted under a license agreement. Specifically, such use—

(1) Entails use of space that may be recalled at any time by the installation commander without prior notice to the PO.

(2) Involves no lease agreement between the PO and the installation.

(3) Permits storage of equipment and supplies provided that such storage does not interfere with, nor restrict, the normal use of the facility by other users.

(b) Use of space and facilities under lease agreement. Use of space under a lease agreement will be defined as the guaranteed sole use of space or a facility on a full-time basis; guaranteed use of space for a specific period of time; or storage of in-place equipment or supplies that impairs or restricts normal use of the facility by other users. POs have certain property rights when use is granted under a lease agreement. Specifically, such use—

(1) Guarantees facility use for a specific period of time. Termination of the lease agreement requires a 30-day notice except in times of national emergency.

(2) Requires a lease agreement between the PO and the U.S. Government. This lease protects the PO's use of the facility based upon other conflicting installation priorities and requirements.

(3) Requires payment for use of space and facilities under a lease agreement.

(i) Rent for use of space in CONUS will be set by the district engineer.

(ii) Rent outside the continental United States (OCONUS) will be set by installation commanders per host country Status of Forces Agreements, treaties, or other agreements under which the Army controls such real estate.

(c) Exceptions. At the discretion of the installation commander:

(1) Nonprofit thrift shops and museum foundation POs may be granted use of space by means of a rent-free, revocable-at-will license.

(2) On-post youth group POs (Scouts, little league, and so forth) may be granted revocable-at-will licenses for one-time, intermittent, or continuing use of available meeting facilities. (See AR 405-80.)

(d) Use by veterans’ organization. AR 405-80 authorizes major Army commanders to lend certain real property (including unoccupied barracks) to veterans’ organizations for use at—

(1) State or national conventions; or

(2) National youth athletic or recreational tournaments sponsored by veterans organizations.