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Case 1:98-cv-00314-EJD

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EXHIBIT T

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Department of Defense

DIRECTIVE
NUMBER 4165.6
October 13, 2004

USD(AT&L)
SUBJECT: Real Propert

References: (a) DoD Directive 4165.6, "Real Property Acquisition, Management, and Disposal,"
September 1, 1987 (hereby canceled)

(b) Executive Order 13327, "Federal Real Property Asset Management," February 6, 2004 (c) DoD Directive 4700.3, "Mineral Exploration and Extraction on DoD Lands,"
September 28, 1983 (hereby canceled)

(d) DoD Directive 5160.63, "Delegation of Authority Vested in the Secretary of Defense to Take Certain Real Property Actions," June 3, 1986 (hereby canceled) ( e) through (g), see enclosure 1

1. REISSUANCE AN PUROSE
This Directive:

1.1. Renames and reissues reference (a) to provide DoD policy on the acquisition, management, and disposal of real property consistent with reference (b).
1.2. Cancels references (c) and (d).

1.3. Delegates or redelegates statutory and regulatory authorities and responsibilities relating to the acquisition, management, and disposal of real property consistent with reference (b).

2. APPLICABILITY
This Directive applies to:

Defense, the Military Deparments (including their the Joint Chiefs of Staff, the Combatant Commands, the the Deparent of Defense, the Defense Agencies, the DoD the Inspector General of Office of Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the 'DoD Components").
2.1. The Offce of the Secretary of Reserve components), the Chairman of

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DoDD 4165.6, October 13, 2004

2.2. All DoD real property holdings except:
2.2.1. Civil works projects (unless relating to mineral exploration and extraction).

2.2.2. The acquisition and management of defense industrial plants that are governed by DoD Directive 4275.5 (reference (e)).
3. DEFINITIONS

Terms used in this Directive are defined in JCS Pub 01-2 (reference (f)).
4. POLICY
It is DoD policy that:

Defense is a function ofthe Militar Deparments acting on behalf ofthe Department of

4.1. The acquisition, management, and disposal of real property within the Deparment of Defense, the Secretary of subject to such specific exceptions as are established by law or by direction of Defense.
4.2. The acquisition, management, and disposal of advance the overall mission of the Departent of

real property shall be performed to Defense and shall not be governed solely by

the individual interests of the DoD Components.

4.3. A Militar Deparment shall meet the real property requirements ofthe DoD Defense and Components utilizing real property under its jursdiction by applying Department of
its own policies.

4.4. DoD real property shall be managed in the most economical maner to reduce costs to the Department without obstructing or prejudicing current or projected defense requirements.
4.5. DoD real property that is no longer required for curent or projected defense requirements shall be disposed.
4.6. Utilizing the multiple-use principle, DoD real property shall be made available for mineral exploration and extraction to the maximum extent possible consistent with military operations, national defense activities, environmental conservation and protection, and Ary civil works activities.
4.7. In accordance with reference (b), DoD real property shall be managed to promote the most effcient and economic use ofDoD real property assets and to ensure management accountability for implementing Federal real property reforms.

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DoDD 4165.6, October 13,2004

5. RESPONSIBILITIES
5.1. The Under Secretary of

Defense for Acquisition, Technology, and Logistics

5.1.1. Shall have overall responsibility and oversight of DoD real property.

5.1.2. Shall establish overarching guidance and procedures for the acquisition, management, and disposal of DoD real property. 5.1.3. Is hereby delegated or re-delegated, as the case may be, the authorities and responsibilities:
5.1.3.1. Vested in the Secretary of Defense by Chapter 159 of

title 10, United States

Code (reference (g)).

5.1.3.2. Delegated ftom the Administrator of General Services relating to real property matters.
the United States Code, a national defense authorization act, a DoD appropriations act, or a militar construction appropriations act relating to the acquisition, management (including mineral real property; or exploration and extraction), or disposal of
5.1.3.3. Vested in the Secretary of Defense by any other provision of

Defense by Executive order or regulation and 5.1.3.4. Vested in the Secretary of relating to the acquisition, management (including mineral exploration and extraction), or
disposal of real property.

5.2. The Secretaries ofthe Militar Deparments shall:
real property 5.2.1. Implement policies and programs to acquire, manage, and dispose of in accordance with this Directive. Such policies and programs shall specifically ensure that their

Deparent:
5.2.1.1. Establishes and maintains for all DoD-owned, leased, licensed, and permitted properties and easements an accurate inventory to account for the real property under its management responsibility. 5.2.1.2. Holds or makes plans to obtain the real property it needs for its own missions and the missions of the DoD Components its real property supports.
5.2.1.3. Has comprehensive master plans that cover each installation under its

jurisdiction.
5.2.2. Budget and financially manage to meet the real property requirements applicable to their Department.

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E1. ENCLOSUR 1
REFERENCES, continued
(e) DoD Directive 4275.5 "Acquisition and Management of

Industral Resources," October 6,

1980
(f) Chairman of of the Joint Chiefs of Staff Publication 01-2, "Departent of

Defense Dictionary

Militar and Associated Terms," curent edition

(g) Chapter 159 of

title 10, United States Code