AR 1-9 White House Liaison and Communications

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r1_9.pdf

Army Regulation 1–9
Administration
White House
Liaison and
Communications
Headquarters
Department of the Army
Washington, DC
28 May 2014
UNCLASSIFIED
SUMMARY of CHANGE
AR 1–9
White House Liaison and Communications
This major revision, dated 28 May 2014--
o Updates procedures for processing and responding to White House
communications (para 5).
o Incorporates Army Directive 2012-27, Invitations to the President of the
United States, the Vice President of the United States or their Spouses (para
6).
Headquarters
Department of the Army
Washington, DC
28 May 2014
Administration
White House Liaison and Communications
*Army Regulation 1–9
Effective 28 June 2014
H i s t o r y . T h i s p u b l i c a t i o n i s a m a j o r
revision.
Summary. This regulation includes up-
dated policy for processing and respond-
ing to White House communications.
Applicability. This regulation applies to
the Active Ar m y , t h e A r m y N a t i o n a l
Guard/Army National Guard of the United
States, and the U.S. Army Reserve, unless
otherwise stated
Proponent and exception authority.
The proponent of this regulation is the
Director of the Army Staff. The proponent
has the authority to approve exceptions or
waivers to this regulation that are consis-
tent with controlling law and regulations.
The proponent may delegate this approval
authority, in writing, to a division chief
within the proponent agency or its direct
reporting unit or field operating agency in
the grade of colonel or the civilian equiv-
alent. Activities may request a waiver to
this regulation by providing justification
that includes a full analysis of the ex-
pected benefits and must include formal
review by the activity’s senior legal offi-
cer. All waiver requests will be endorsed
by the commander or senior leader of the
requesting activity and forwarded through
their higher headquarters to the policy
proponent. Refer to AR 25–30 for specific
guidance.
Army internal control process. This
regulation contains internal control provi-
sions in accordance with AR 11–2 and
identifies key internal controls that must
be evaluated (see appendix B).
Supplementation. Supplementation of
this regulation and establishment of com-
mand and local forms are prohibited with-
out prior approval from the Director of
the Army Staff (Director, Executive Com-
munications and Control, (White House
Liaison Office)), 200 Army Pentagon,
Washington, DC 20310–0200.
Suggested improvements. Users are
invited to send comments and suggested
improvements on DA Form 2028 (Recom-
m e n d e d C h a n g e s t o P u b l i c a t i o n s a n d
Blank Forms) directly to the Director of
the Army Staff (Director, Executive Com-
munications and Control, (White House
Liaison Office)), 200 Army Pentagon,
Washington, DC 20310–0200.
Committee management. Distribu-
tion. This publication is available in elec-
tronic media only and is intended for
command levels D for the Active Army,
the Army National Guard/Army National
Guard of the United States, and the U.S.
Army Reserve.
Contents (Listed by paragraph and page number)
Purpose • 1, page 1
References • 2, page 1
Explanation of abbreviations and terms • 3, page 1
Responsibilities • 4, page 1
Communications concept • 5, page 1
Invitations to the President, Vice President, or their Spouses • 6, page 2
Final response • 7, page 3
Administrative control • 8, page 3
Appendixes
A. References, page 4
B. Internal Control Evaluation, page 4
Glossary
*This regulation supersedes AD 2012–27, dated 21 December 2012 and AR 1–9, dated 19 January 1999.
AR 1–9 • 28 May 2014 i
UNCLASSIFIED
1. Purpose
This regulation prescribes responsibilities for and provides guidance on liaison with the White House, and processing
and reporting actions on White House communications.
2. References
Required and related publications and referenced forms are listed in appendix A.
3. Explanation of abbreviations and terms
Abbreviations and special terms used in this regulation are explained in the glossary.
4. Responsibilities
a. The Secretary of the Army (SA) is the final approving authority for all invitation requests to the President of the
United States (POTUS), Vice President of the United States (VPOTUS) and/or their spouses to participate in
Department of Defense (DOD)-related or significant Army events.
b. The Director of the Army Staff (DAS) will ensure the Director, Executive Communication and Control (ECC),
White House Liaison Office (WHLO) is responsible for liaison and communications duties with the White House
Military Office (WHMO).
c. The Director, ECC WHLO manages liaison and communications between Headquarters, Department of the Army
(HQDA) and the White House through the Executive Secretary to the Department of Defense on all matters except the
following:
(1) Matters pertaining to processing legislation, which are the responsibility of the Chief of Legislative Liaison and
the Assistant Secretary of the Army (Financial Management and Comptroller).
(2) Matters processed through the Office of the Secretary of the Army (OSA), the Joint Staff, and the Office of the
Secretary of Defense (OSD).
d. HQDA Principal Officials will —
(1) Coordinate all communications to the White House with the Director, ECC WHLO.
(2) Inform the Director, ECC WHLO promptly of written requests received directly from the White House prior to
taking any action.
(3) Handle with discretion all direct communications between White House and HQDA staff. The following will
apply:
(a) Recommend that direct requests from the White House be brought to the attention of the Director, ECC WHMO
for forwarding to OSD.
(b) Note the details of the request and inform the caller that a response will be forthcoming.
(c) Notify the Director, ECC WHLO promptly of the request prior to taking any action. ECC WHLO will check the
validity of the request and obtain guidance from OSD before responding to the call.
5. Communications concept
a. Communications addressed to the POTUS, VPOTUS, their spouses, and White House staff officials from citizens
are sufficiently important to warrant an acknowledgement of receipt of the inquiry and an estimated timeframe to
expect a final reply from an agency of the Federal Government. In keeping with White House guidance/instructions,
OSD has stringent response requirements, and each requirement has an OSD imposed suspense.
b. White House communications are received by ECC WHLO directly from OSD. ECC WHLO will assign a
suspense date ranging from one to 10 working days, depending on the urgency of the request. White House
communications are then forwarded to the appropriate Army staff element by ECC WHLO for specific action.
c. White House communications are received at HQDA as either "Referrals," or "White House Bulk Referrals," and
are described below:
(1) "Referrals" consist of correspondence from the POTUS, VPOTUS, Assistant to the President for National
Security Affairs, and other senior White House staff that are addressed to the Secretary of Defense. Other types of
referrals may include correspondence from members of Congress, corporate officials, organization leaders, and other
prominent individuals addressed to the POTUS or VPOTUS. These types of referrals are forwarded from WHMO to
Washington Headquarters Services, Executive Services Division, Correspondence Management Directorate, via a
tasking sheet that indicates what type of action is desired along with instructions. This correspondence will be
processed expeditiously and will receive a suspense of 5 working days. Additional guidance will be provided upon
request.
(2) "White House Bulk Referrals" are all other routine correspondence from private citizens addressed to the
POTUS, VPOTUS, or White House and forwarded to the Washington Headquarters Services, Executive Services
Division, for a direct response and will receive a suspense of 10 working days. Some bulk referrals may receive a
Health and Welfare or “Red Dot” classification, which will receive a suspense of 5 working days. If this type of
referral concerns threats or thoughts of suicide and threats to harm others, the Soldier’s chain of command will
1AR 1–9 • 28 May 2014
immediately initiate a health and welfare check of the person(s) in question within 24 hours. Additional instructions for
responding will accompany each referral.
(3) White House “Health and Welfare” or “Red Dot” action processing procedures (Threat-to-Life/Suicide). Re-
sponses to inquiries pertaining to a threat-to-life, potential suicide, or health and welfare related concerns will be
addressed as follows:
(a) ECC WHLO will immediately notify the Soldier’s chain of command so action can be taken to ensure the safety
of Soldiers, Families, and others. ECC WHLO will notify the Soldier’s unit command by telephone, followed by e-
mail, upon receipt of notification.
(b) “Health and Welfare” requests sent by the White House will have a 24-hour initial response time. A full and
complete response on the Soldier’s status may not be immediately available. Responsible chain of command personnel
will provide ECC WHLO with a comprehensive response that the chain of command has been notified and explain the
steps that have been taken to ensure the safety of all concerned (that is, Soldier, Family members, and others). If
applicable, provide notification that all concerned have been moved to a safe location or to the nearest medical
treatment facility. The responsible chain of command personnel will provide a final reply within 5 working days after
the initial status report, which addresses the Soldier’s general health status and any additional actions taken.
(4) The agencies tasked will acknowledge all White House communications that are referred to the Department of
the Army for a direct reply to the inquiry writer to ECC WHLO within 24 hours from the date of assignment. To
comply with the suspense, action agencies have the following options:
(a) Provide a final reply not later than 12:00 p.m. (Eastern Time Zone) of the suspense date.
(b) Provide an interim reply to the inquiry writer within 2 working days prior to the suspense date if the suspense
date cannot be met. The interim reply should contain information currently available and will establish an estimated
date of completion within 30 days. Maximum effort should be made to provide a final reply to the inquiry writer
within the new suspense date. Subsequent interim replies are required every 30 days until a final reply is provided.
(c) If a determination is made that a reply on behalf of the POTUS would be inappropriate, inform ECC WHLO in
writing as to why a reply is not considered appropriate, and return the case to ECC WHLO. An example of such a case
would involve a repetitive inquiry writer who has been given a final response or whose initial letter has been
previously answered.
d. Only the signature authorities listed below are authorized to authenticate replies to White House communications
that are referred to the Department of the Army for action. Carefully screen White House communications to ensure
that the signature level selected is appropriate.
(1) Replies to federal, state, or local officials should be prepared for the signature of a general officer or a member
of the senior executive service.
(2) Replies to prominent individuals or private citizens on routine matters may be signed by a general officer/senior
executive service member, a colonel or civilian equivalent, or delegated to a lieutenant colonel/civilian equivalent
serving in a leadership position.
e. All replies to White House communications, signed by other than the addressee, will include an appropriate
opening statement as shown below.
(1) Thank you for your letter to ... (POTUS)... regarding...
(2) This is in response to your letter to ... (POTUS) ... regarding...
f. When individuals specifically request that their communication be answered by the POTUS, the following
paragraph will be used after the opening statement: "As much as he (or she) would like to, the President cannot reply
personally to every communication he (or she) receives. Therefore, he (or she) has asked the departments and agencies
of the federal government to reply on his (or her) behalf in those instances where they have special knowledge or
special authority under the law. For this reason, your communication has been forwarded to officials of the Department
of the Army." Agencies may use their discretion in revising this paragraph.
g. In general, the public is not familiar with the complexities of military organizations; therefore, it is important that
replies are straightforward and clearly responsive to the inquiry. Avoid use of acronyms and other language that only
personnel affiliated with the Army would understand.
h. Unless otherwise directed, copies of all written communications initiated by an Army agency for the White House
will be forwarded by memorandum addressed through DAS (ECC WHLO) to the Executive Secretary to the Depart-
ment of Defense. This memorandum will be signed by an authorized official as prescribed in paragraph 5d.
i. A primary mission of ECC WHLO is to assist action agencies in providing appropriate, timely replies to White
House communications. Accordingly, action officers are authorized and encouraged to have direct contact with ECC
WHLO.
6. Invitations to the President, Vice President, or their Spouses
a. Invitations to the POTUS, VPOTUS, or their spouses to participate in DOD-related or significant Army events
will be forwarded by memorandum through the requesting organization’s higher headquarters to the ECC WHLO, 200
Army Pentagon, Washington, DC 20310–0200 to be routed to the SA. Upon approval by the SA, the request will be
forwarded through DOD for further processing and endorsement.
2 AR 1–9 • 28 May 2014
(1) If the invitation to the White House involves a DOD-wide event, more than one Service (to include football
games between Service academies), or is combined with another federal agency (for example, Department of Veterans
Affairs), the request to sign the memorandum or letter extending the invitation to the POTUS or VPOTUS will be
forwarded to the Secretary of Defense for signature.
(2) Invitations must be submitted early enough to accommodate appropriate staffing through the Army senior
leadership and DOD (at least 20–30 days). ECC WHMO requires at least 60–90 days in advance of the event date to
allow time for calendar consideration and appropriate response.
b. The following statement will be used in responding to individuals or organizations extending an invitation for the
POTUS to make a personal appearance: "The President sincerely appreciates your gracious invitation to...however, his
(or her) schedule will not permit it at this particular time." It may be appropriate for the reply to include greetings or
good wishes on behalf of the POTUS in the instance of a special observance (for example, anniversary celebrations for
specific Army units/organizations or recognition for an individual upon retirement).
7. Final response
If an HQDA agency has responded to numerous White House inquiries by an individual, that agency may initiate a
draft terminal response. A cover memorandum, giving the history of previous correspondence and attaching the draft
response, will be addressed through WHMO to the Executive Secretary to the Department of Defense. After the
Executive Secretary to the Department of Defense approves the draft response, the responsible HQDA Principal
Official will prepare and dispatch the final response.
8. Administrative control
ECC WHLO will assign action on all White House correspondence. A tasking control sheet (HQDA Tracking System)
will be used to task the HQDA Principal Official. The sheet will include the pre-imposed OSD suspense, type of action
to be taken, and instructions for processing. If the action agency determines that a White House communication should
be transferred to another HQDA Principal Official, DOD agency, or any other agency outside of the Army’s
jurisdiction, the action office must coordinate with the appropriate HQDA Principal Official and ECC WHLO. The
case will then be returned to the OSD Correspondence Management Directorate for appropriate tasking and/or transfer
(via SD Form 391, Secretary of Defense Correspondence Action Report).
a. Suspense date. Pre-imposed OSD suspense dates on “Red Dot” actions cannot be extended. All interim replies to
the inquiry writer will establish an estimated completion date. The estimated completion date will be not later than 30
days from the date of the interim reply, unless otherwise stated in the closing paragraph.
b. Type of action. Army agencies will take action as indicated on the tasking control sheet ("Action" in appropriate
block under “Role” or as indicated in the “Remarks” section).
c. Processing. The tasking control sheet must be returned to WHLO with appropriate copies and all original
correspondence.
3AR 1–9 • 28 May 2014
Appendix A
References
Section I
Required Publications
This section contains no entries.
Section II
Related Publications
A related publication is merely a source of additional information. The user does not have to read it to understand this
publication. Unless otherwise stated, all publications are available at http://www.adp.army.mil/.
AR 11–2
Managers’ Internal Control Program
AR 25–30
The Army Publishing Program
AR 25–50
Preparing and Managing Correspondence
DA Memo 25–52
Staff Action Process and Correspondence Policies
DOD 5110.04–M–V1
DOD Manual for Written Material: Correspondence Management (available at http://www.dtic.mil/whs/directives/
corres/pdf/511004m_v1.pdf.)
DOD 5110.04–M–V2
DOD Manual for Written Material: Examples and Reference Material (available at http://www.dtic.mil/whs/directives/
corres/pdf/511004m_v2.pdf.)
Section III
Prescribed Forms
This section contains no entries.
Section IV
Referenced Forms
Unless otherwise indicated, DA forms are available on the Army Publishing Directorate (APD) Web site (http://www.
apd.army.mil); DD forms are available on the Office of the Secretary of Defense (OSD) Web site (http://www.dtic.mil/
whs/directives/infomgt/forms/index.htm).
DA Form 11–2
Internal Control Evaluation Certification
DA Form 2028
Recommended Changes to Publications and Blank Forms
SD Form 391
Secretary of Defense Correspondence Action Report
Appendix B
Internal Control Evaluation
B–1. Function
The function covered by this evaluation is Army correspondence received from the White House.
4 AR 1–9 • 28 May 2014
B–2. Purpose
The purpose of this evaluation is to assist users of AR 1–9 in evaluating the key internal controls listed. It is not
intended to cover all controls.
B–3. Instructions
Answers must be based on the actual testing of key internal controls (for example, document analysis direct observa-
tion, sampling, and simulation). Answers that indicate deficiencies must be explained and the corrective action
identified in supporting documentation. These internal controls must be evaluated at least once every 5 years.
Certification that the evaluation has been conducted must be accomplished on DA Form 11–2 (Internal Control
Evaluation Certification).
B–4. Test questions
a. Are correspondence actions properly routed to the appropriate addressees expected to exercise control or take
action?
b. Is Army writing effective and free of errors in substance, organization, style, and correctness?
c. Have all Army invitations to the POTUS, VPOTUS, or their spouses been routed through the SA?
B–5. Supersession
Not applicable.
B–6. Comments
Help make this a better tool for evaluating internal controls. Submit comments to the Department of the Army, DAS,
ECC, (White House Liaison Office), 200 Army Pentagon, Washington, DC 20310–0200.
5AR 1–9 • 28 May 2014
Glossary
Section I
Abbreviations
DAS
Director of the Army Staff
DOD
Department of Defense
ECC
Executive Communication and Control
HQDA
Headquarters, Department of the Army
OSD
Office of the Secretary of Defense
POTUS
President of the United States
SA
Secretary of the Army
VPOTUS
Vice President of the United States
WHLO
White House Liaison Office
WHMO
White House Military Office
Section II
Terms
This section contains no entries.
Section III
Special Abbreviations and Terms
This section contains no entries.
6 AR 1–9 • 28 May 2014
UNCLASSIFIED PIN 077120–000

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ARMY DIR 2014-11 ENLISTED TO MEDICAL DEGREE PREPARATORY PROGRAM

https://armypubs.army.mil/epubs/DR_pubs/DR_a/NOCASE-ARMY_DIR_2014-11-000-WEB-0.pdf

SECRETARY OF THE ARMY
WASHINGTON
MEMORANDUM FOR SEE DISTRIBUTION
t 4 MAY 2014
SUBJECT: Army Directive 2014-11 (Enlisted to Medical Degree Preparatory Program)
1. Purpose. This directive authorizes the Army Enlisted to Medical Degree Preparatory
Program (EMDP2) in conjunction with the Uniformed Services University of the Health
Sciences (USUHS). Related references are at the enclosure.
2. Background. Under the EMDP2, USUHS and the Army will partner to provide an
opportunity for highly qualified, Regular Army enlisted Soldiers to remain on active duty
while completing the coursework necessary to be eligible to apply for admission to
USUHS or civilian medical schools via the Health Professions Scholarship Program
(HPSP). In turn, this partnership will strengthen the Army Medical Corps by providing
the Army with a new source of physicians who have an enlisted background and
strongly rooted Army values.
a. The EMDP2 includes full-time coursework in a traditional classroom setting,
structured pre-health advising, formal preparation for the Medical College Admission
Test, dedicated faculty and peer mentoring at USUHS, and integrated clinical exposure.
The EMDP2 is a post-baccalaureate program for Regular Army enlisted Soldiers who
have an undergraduate degree, but need to complete additional specific coursework to
apply for admission to USUHS or most civilian medical schools.
b. The training Soldiers will receive as part of the EMDP2 is necessary to give them
the opportunity to complete the required preparatory coursework for admission to
USUHS, most medical schools and the HPSP.
3. Policy. To establish the EMDP2, and subject to the supervision of the Assistant
Secretary of the Army (Manpower and Reserve Affairs), I am delegating to The Surgeon
General the following authorities and directing the following actions. The Surgeon
General wil l:
a. enter into a memorandum of agreement with USUHS, pursuant to reference b, to
establish the specific roles and responsibilities of the Army and USUHS for the EMDP2.
The Surgeon General may agree that the Army will fund training billets on a
nonreimbursable basis.
b. establish eligibility requirements, guidelines and procedures, consistent with this
directive, for Regular Army enlisted Soldiers to apply for the EMDP2. The Surgeon
General will coordinate these areas with the Office of the Deputy Chief of Staff, G-1 ;
U.S. Army Human Resources Command (HRC); and U.S. Army Recruiting Command.
SUBJECT: Army Directive 2014-11 (Enlisted to Medical Degree Preparatory Program)
c. ensure that all participants meet the academic eligibility requirements USUHS
sets forth.
d. appoint a board to screen candidates and recommend those who are best
qualified for detail into the EMDP2. The Surgeon General will make final selections.
e. exercise, in coordination with HRC, my authority under reference a to annually
detail Regular Army enlisted Soldiers to participate in the EMDP2. HRC will track the
number of enlisted Soldiers detailed to participate in the program as required by
reference a. Details are limited to a maximum of seven and are subject to the
Commander, HR C's authority to ensure that no more than 2 percent of the authorized
strength of Regular Army enlisted Soldiers be detailed as students.
4. Eligibility Requirements
a. Regular Army enlisted Soldiers who meet the academic requirements set forth by
USUHS and who have served a minimum of 3 years at the time of enrollment in the
EMDP2 are eligible to apply.
b. As a condition of admittance into the EMDP2, applicants must agree to and
qualify for reenlistment or extension for a period of 54 months, or for the time required to
participate in the program and meet the service remaining requirement of 36 months
after completion of the program, in accordance with reference i, chapter 4 and
reference j, paragraph 4-6.
c. Applicants must meet the eligibility criteria for appointment as a commissioned
officer as prescribed by references e-g , or obtain a waiver.
(1) Applicants may not be considered for EMDP2 if they are currently scheduled
for or attending military occupational specialty training resulting from an approved
reclassification or reenlistment contract. However, before training begins, applicants
may request cancellation of a voluntary reclassification or waive the reenlistment
contract option in accordance with reference i.
(2) Applicants must meet age and time-in-service requirements for appointment
to the Medical Service Corps in accordance with reference f, as required for
participation in USUHS or the HPSP, and will account for the projected date of
appointment after the 2-year EMDP2.
(3) Applicants must satisfy the medical standards for appointment as a
commissioned officer in accordance with reference d.
(4) Requests for waivers with supporting documentation must be submitted and
approved by the appropriate authority by a date The Surgeon General will determine.
2
SUBJECT: Army Directive 2014- 11 (Enlisted to Medical Degree Preparatory Program)
d. Applicants must obtain a conditional letter of release from their branch manager
at HRC.
e. Applicants must meet eligibility requirements set forth pursuant to paragraph 4b.
5. Application to Medical Degree Programs
a. Soldiers will agree to apply to USU HS upon completion of the EMDP2.
Application requirements are in accordance with USUHS policies and procedures.
b. Soldiers may apply to civilian medical degree programs concurrently with
application to the HPSP. Application to the HPSP will be in accordance with
reference h, paragraph 2- 7.
c. Soldiers accepted into the USU HS medical degree program or the HPSP will
request discharge in accordance with reference k, paragraph 16-2.
6. Service Obligation
a. Soldiers who complete the EMDP2 and are appointed as a commissioned officer,
in conjunction with attendance at USUHS or participation in the HPSP, will incur a
3-year active duty service obligation, which wi ll be served consecutively with the active
duty service obligation arising from the respective medical degree program.
b. Soldiers who participate in the EMDP2 but do not complete the program, who
decline participation, or who are otherwise not later appointed as commissioned officers
upon entry into USUHS or the HPSP will serve their remaining service obligation, in
accordance with paragraph Sb , as HRC directs, in their enlisted status.
7. The Army's partnership with USUHS to participate in the EMDP2 is meant to be
enduring and wi ll continue until it is rescinded by USUHS or the Army. The Surgeon
General is the proponent for EMDP2 and will staff policy for the program for publication
in a new Army regulation within 1 year of the date of this directive.
8. This directive is rescinded upon publication of the new Army regulation.
Encl
DISTRIBUTION:
(see next page)
~I... l,q • "'' ~,.__
John M. McHug~
3
SUBJECT: Army Directive 2014 - 11 (Enlisted to Medical Degree Preparatory Program)
DISTRIBUTION:
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Materiel Command
U.S. Army Pacific
U.S. Army Europe
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Africa/Southern European Task Force
U.S. Army Special Operati ons Command
Military Surface Deployment and Distribution Command
U.S . Army Space and Missile Defense Command/Army Strategic Command
U.S. Army Medical Command
U.S. Army Intelligence and Security Command
U. S. Army Criminal Investigation Command
U. S. Army Corps of Engineers
U. S. Army Military District of Washington
U.S. Army Test and Evaluation Command
U.S. Army Installation Management Command
Superintendent, U.S. Mili tary Academy
Director, U.S. Ar my Acquisition Support Center
Executive Director, Arlington National Cemetery
Commander , U. S. Army Accessions Support Br igade
Commandant, U.S. Army War Coll ege
Commander, Second Army
CF:
Director, Army National Guard
Director of Business Transformation
Commander, Eighth Army
Commander , U.S. Army Cyber Command
4
REFERENCES
a. 10 U.S.C. section 4301 (Members of Army: detail as students, observers, and
investigators at educational institutions, industrial plants, and hospitals).
b. Department of Defense Instruction 4000.19 (Support Agreements), April 25, 2013.
c. Department of Defense Instruction 6000.13 (Medical Manpower and Personnel),
June 30, 1997.
d. Army Regulation (AR) 40- 501 (Standards of Medical Fitness), 14 December 2007,
including Rapid Action Revision 3 Issued 4 August 2011.
e. AR 135-100 (Appointment of Commissioned and Warrant Officers of the Army),
1 September 1994.
f. AR 135-101 (Appointment of Reserve Commissioned Officers for Assignment to
Army Medical Department Branches), 15 February 1984.
g. AR 601 -100 (Appointment of Commissioned and Warrant Officers in the Regular
Army), 21 November 2006.
h. AR 601-141 (U . S. Army Health Professions Scholarship, Financial Assistance, and
Active Duty Health Professions Loan Repayment Programs), 19 September 2006.
i. AR 601-280 (Army Retention Program), 31 January 2006, including Rapid Action
Revision 1 Issued 15 September 2011.
j. AR 614-200 (Enlisted Assignments and Utilization Management), 26 February 2009,
including Rapid Action Revision 2 Issued 11 October 2011 .
k. AR 635-200 (Active Duty Enlisted Administrative Separations}, 6 June 2005,
including Rapid Action Revision 3 Issued 6 September 2011 .
Enclosure 

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ARMY DIR 2014-08 WATER RIGHTS POLICY FOR ARMY INSTALLATIONS IN THE UNITED STATES

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ad2014_08.pdf

MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Army Directive 2014-08 (Water Rights Policy for Army Installations in the
United States)
1. Reference Memorandum, Assistant Secretary of the Army (Installations, Logistics
and Environment), 24 Nov 95, subject: Policy Guidance on Water Rights at Army
Installations in the United States.
2. Purpose. The Army requires enough water to carry out its missions without
significant disruptions. This directive, which supersedes the reference, sets policy and
assigns responsibilities for identifying, asserting and preserving the Army’s water rights.
3. Background. Water is scarce throughout much of the Western United States and
becoming scarcer in some parts of the Eastern United States. Increasing demand for
water to support growing populations and economic development places stress on the
same supplies of ground and surface water that Army installations depend on to fulfill
their missions. Over the past decade, several Army installations have become involved
in litigation over water rights. As competition for water increases, more Army
installations are likely to become involved in disputes over water. Consequently, it is
critical that we protect the Army’s water rights and its ability to carry out its missions.
4. Applicability. This policy applies to all Army installations in the United States. It is
not applicable to U.S. Army Corps of Engineers’ Civil Works projects and facilities.
5. Policy. Effective immediately:
a. the Army will acquire and maintain water rights for both ground and surface water
consistent with mission requirements;
b. the Army will identify, assert, defend and preserve its water rights to the
maximum extent possible under State and Federal law to sustain mission capability;
and
c. Army installations will locate, record and retain documentation related to water
rights.
6. Reporting. By 31 December of each calendar year, the Office of the Assistant Chief
of Staff for Installation Management (OACSIM) will report to the Office of the Assistant
Secretary of the Army (Installations, Energy and Environment) on the current state of
the Army’s water rights. This report will include the following topics: an assessment of
the sufficiency of existing water rights to meet mission requirements; the state of
S E C R E T A R Y O F T H E A R M Y
W A S H I N G T O N
SUBJECT: Army Directive 2014-08 (Water Rights Policy for Army Installations in the
United States)
2
documentation to assert, maintain and defend the Army’s water rights; and a current
summary of all legal challenges to the Army’s water rights.
7. Command Policy and Guidance. OACSIM will issue implementing guidance to
execute this policy no more than 180 days from the date of this directive and will
coordinate the guidance with the Environmental Law Division, Office of the Judge
Advocate General, before it is issued. Enclosure 1 contains a legal framework for water
rights to aid OACSIM, commands and command counsel in identifying, asserting and
preserving water rights. Enclosure 2 offers a nonexclusive list of issues to address in
the guidance.
8. Proponent. The proponent for this policy is OACSIM, who will incorporate the
guidance in this directive into the next revisions of Army Regulation 405-80
(Management of Title and Granting Use of Real Property) and Army Regulation 420-1
(Army Facilities Management), as appropriate.
9. Rescission. This directive is rescinded upon publication of the revised regulations.
Encls John M. McHugh
DISTRIBUTION:
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Materiel Command
U.S. Army Pacific
U.S. Army Europe
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Africa/Southern European Task Force
U.S. Army Special Operations Command
Military Surface Deployment and Distribution Command
U.S. Army Space and Missile Defense Command/Army Strategic Command
U.S. Army Medical Command
U.S. Army Intelligence and Security Command
(CONT)
SUBJECT: Army Directive 2014-08 (Water Rights Policy for Army Installations in the
United States)
3
DISTRIBUTION: (CONT)
U.S. Army Criminal Investigation Command
U.S. Army Corps of Engineers
U.S. Army Military District of Washington
U.S. Army Test and Evaluation Command
U.S. Army Installation Management Command
Superintendent, U.S. Military Academy
Director, U.S. Army Acquisition Support Center
Executive Director, Arlington National Cemetery
Commander, U.S. Army Accessions Support Brigade
Commandant, U.S. Army War College
Commander, Second Army
CF:
Director, Army National Guard
Director of Business Transformation
Commander, Eighth Army
Commander, U.S. Army Cyber Command
Army Directive 2014-08 Enclosure 1
LEGAL FRAMEWORK FOR WATER RIGHTS
A water right is the legal right to use water from a source. Water rights are distinct from
contractual rights of purchase. Federal installations own and can obtain water rights in
support of their missions. The analysis of the status of Army water rights is specific to
each installation, highly specialized and dependent on careful legal review by the
installation’s Staff Judge Advocate.
Army water rights may arise from State or Federal law. State water rights are typically
obtained through acquisition. Although the Army is part of the Federal Government,
many of its installations’ water rights are held pursuant to State law. The character of
these State water rights depends on the legal doctrine each State follows. In general,
the Eastern States assign “riparian” water rights: all landowners whose property adjoins
a body of water have the right to make reasonable use of it. The Western States use a
system called “prior appropriation,” which assigns water rights prioritized by the date on
which a person first put a quantity of water to beneficial use. In these prior
appropriation States, ownership of land is divorced from ownership of water rights.
Some States have hybrids of these two systems. Each State’s specific laws are unique
and should be reviewed by the installation legal counsel.
Federal water rights differ significantly from State water rights and, most critically, take
priority over State rights. Army installations may have obtained Federal water rights in
one of the following ways:
 Federal Reserved Water Rights. When the Federal Government withdraws land
from the public domain to establish a reservation or installation, courts infer the
intent to reserve unappropriated water to fulfill the reservation’s established
purpose, both presently and in the future.
 Cession. On land ceded to the Federal Government, the cession authorization
may include water rights.
 Preemption. When Congress has clearly and specifically preempted State water
law, either expressly or by necessary implication, on lands that are not reserved,
the Federal installation will have senior water rights.
For Federal reserved rights, uses of water to fulfill the “primary purpose” of the
reservation or installation include all municipal and industrial uses of water necessary to
sustain a self-contained community, including water adequate for the morale and
welfare needs of the Army community. Federal reserved rights may also change over
time, depending on the installation’s future needs.
A final significant difference between Federal and State water rights is that Federal
reserved water rights clearly may not be lost by nonuse. Under the law of some prior
appropriation States, a long period of nonuse may raise a rebuttable presumption of
intent to abandon a State right. Reserved rights are not subject to abandonment. It is
Army Directive 2014-08 2 Enclosure 1
not clear, however, whether other water rights owned by the United States are subject
to State laws on abandonment.
Although the Federal Government is generally immune to lawsuits from the States, the
McCarran Amendment, Title 43 United States Code section 666 (1988), provides a
limited waiver of sovereign immunity for “general stream adjudications.” In this
situation, individual States can require the United States to quantify, assert and define
its water rights. During an adjudication, a court will consider evidence to establish the
existence of water rights within a watershed or basin. The result of the adjudication is a
decree fixing the amounts, relative priorities and specific details of water rights.
However, even when such rights have been fixed, Federal reserved rights may still
trump State water rights, and the appropriation of water may have to be revisited,
depending on the Army’s needs.
Timely and thorough identification and characterization of an installation’s water rights
are important. State water rights must be preserved to prevent arguments that they
have been abandoned. Generally, State adjudications of water rights also require the
assertion of water rights claims to be brought within a certain timeframe. If the Army
fails to assert or preserve its water rights in a timely manner, it may be in jeopardy of
losing those rights.
The policy in this directive requires that the Army identify, assert, defend and preserve
its water rights to the maximum extent possible under State and Federal law. The
complexity and diversity of water rights means that installation commanders must
consult with their Staff Judge Advocates to determine what legal rights and limitations
apply at their specific installation to ensure continued access to a sufficient water supply
to carry out the Army’s missions. The Office of the Judge Advocate General,
Environmental Law Division is available to coordinate guidance at the command level
and specific implementation instructions at the installation level.
The assertion and defense of Army water rights must be coordinated, through the
installation and land holding command’s Office of the Staff Judge Advocate or legal
office, with the Chief, Environmental Law Division, U.S. Army Legal Services Agency.
The Environmental Law Division represents the Department of the Army in litigation
(and some administrative proceedings) involving water rights and other environmental
and natural resources matters. The U.S. Department of Justice has the primary
responsibility for representing Federal agencies in litigation. Consequently, the
Environmental Law Division will coordinate as necessary with the Justice Department
and Office of the Army General Counsel on all matters related to Army water rights.
Army Directive 2014-08 Enclosure 2
ISSUES TO ADDRESS IN GUIDANCE
Here is a nonexclusive list of issues the Office of the Assistant Chief of Staff for
Installation Management (OACSIM) will include in its water rights guidance to
commands. Commands may issue further guidance to aid in local implementation as
they deem necessary. Local implementation should also address any additional
Federal, State or regional issues that may be unique to the command’s particular
missions and circumstances.
1. Importance of the Army Water Rights Policy. Each command must emphasize the
critical importance that sufficient water rights and access to water may have on the
command’s ability to continue to carry out its missions in the future.
2. Assignment of Responsibilities. Each command must clearly establish who is
responsible for collecting and maintaining records; analyzing current and future water
needs and supply; analyzing water rights necessary for continued access to a sufficient
supply of water; and asserting, maintaining and defending water rights and access.
3. Federal and State Water Rights Laws. OACSIM’s guidance should include a
summary of Federal and State water laws, and also direct appropriate legal counsel to
supplement this summary with State and regional laws and issues that may be pertinent
to each installation or activity. The guidance should discuss potentially relevant Federal
laws, such as the Endangered Species Act of 1973.
4. Analysis of Existing Water Rights. All installations or activities must analyze the
adequacy of their current and future water supply needs, rights and access. Such rights
and access should be sufficient to continue essential activities under drought or other
shortage conditions and to support increased demand due to mobilization, contingency
operations or increases in population or missions. Attention should be paid to actions
necessary to maintain existing water rights, including planning and continued beneficial
use to avoid abandonment or loss. Likewise, any privatization of Army-owned water
systems must be accomplished in such a manner as to not jeopardize the Army’s water
rights. If additional water access or rights are necessary, the analysis should also
include what other sources of water are available and how to acquire the rights or
access to that water.
5. Identification of Supporting Data and Records. The guidance should address the
importance of collecting and maintaining sufficient evidentiary records to assert,
maintain and defend the Army’s water rights. Guidance should be provided on how to
locate, record and retain existing and future water rights documentation. As applicable,
this documentation should include information concerning the dates, locations, means,
rates of diversion and uses of water, as well as documents establishing the acquisition
and history of all water rights acquired (for example, executive orders, decrees or
permits).
Army Directive 2014-08 2 Enclosure 2
6. Maintenance of Records. OACSIM should require commands to initiate procedures
for permanently maintaining such records. These procedures should clearly identify
who is responsible for the maintenance, how the maintenance will be monitored to
ensure that it is carried out, and how such records will be passed on to successors.
The transfer of documents is especially important given the indefinite number of years
during which the Army will need to assert, maintain and/or defend its water rights.
Effective retention of information collected, now and in the future, will be key to
protecting the current and future property interests of the United States Army.

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