[Title 32 CFR C]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter D - MILITARY RESERVATIONS AND NATIONAL CEMETERIES]
[Part 552 - REGULATIONS AFFECTING MILITARY RESERVATIONS]
[Subpart C - Entry Regulations for Certain Army Training Areas in Hawaii]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE32002-07-012002-07-01falseCSubpart CNATIONAL DEFENSEDEPARTMENT OF THE ARMYMILITARY RESERVATIONS AND NATIONAL CEMETERIESREGULATIONS AFFECTING MILITARY RESERVATIONS
 Subpart C--Entry Regulations for Certain Army Training Areas in Hawaii



Sec. 552.25  Entry regulations for certain Army training areas in Hawaii.

    (a) Purpose. (1) This regulation establishes procedures governing 
the entry onto certain Army training areas in Hawaii as defined in 
paragraph (d) of this section.
    (2) These procedures have been established to prevent the 
interruption of the use of these Army training areas by any person or 
persons. The continued and uninterrupted use of these training areas by 
the military is vital in order to maintain and to improve the combat 
readiness of the U.S. Armed Forces. In addition, conditions exist within 
these training areas which could be dangerous to any unauthorized 
persons who enter these areas.
    (b) Applicability. The procedures outlined in this regulation apply 
to all individuals except for soldiers and Army civilians of the United 
States who in performance of their official duties enter the training 
areas defined in paragraph (d) of this section.
    (c) References. Related publications are listed below:
    (1) Executive Order No. 11166 of 15 August 1964. (3 CFR, 1964-1965 
Comp., pp 219-220).
    (2) Executive Order No. 11167 of 15 August 1964. (3 CFR, 1964-1965 
Comp., pp 220-222).
    (3) Title 18, United States Code, section 1382.
    (4) Internal Security Act of 1950, section 21 (50 U.S.C. 797).
    (d) Definition. For the purpose of this regulation, ``certain Army 
training areas in Hawaii'' are defined as follows:
    (1) Makua Valley, Waianae, Oahu, Hawaii: That area reserved for 
military use by Executive Order No. 11166 (paragraph (c)(1) of this 
section).
    (2) Pohakuloa Training Area, Hawaii: That area reserved for military 
use by Executive Order No. 11167 (paragraph (c)(2) of this section).
    (e) Procedures. (1) Except for soldiers and Army civilians of the 
United States in the performance of their duties, entry onto Army 
training areas described in paragraph (d) of this section for any 
purpose whatsoever without the advance consent of the Commander, United 
States Army Support Command, Hawaii, or his authorized representative, 
is prohibited (paragraph (c)(3) and (c)(4) of this section).
    (2) Any person or group of persons desiring the advance consent of 
the Commander, United States Army Support Command, Hawaii, shall, in 
writing, submit a request to the following address: Commander, USASCH, 
ATTN: Chief of Staff, Fort Shafter, Hawaii 96858-5000.
    (3) Each request for entry will be considered on an individual basis 
weighing the operational and training commitments of the area involved, 
security, and safety with the purpose, size of party, duration of visit, 
destination, and the military resources which would be required by the 
granting of the request.

[[Page 294]]

    (f) Violations. (1) Any person entering or remaining upon any 
training area described in paragraph (d) without the advance consent of 
the Commander, USASCH, or his authorized representative, shall be 
subject to the penalties prescribed by paragraph (c)(3) of this section, 
which provides in pertinent part: ``Whoever, within the jurisdiction of 
the United States, goes upon any military, naval * * * reservation, 
post, fort, arsenal, yard, station, or installation, for any purpose 
prohibited by law or lawful regulation * * * shall be fined not more 
than $500.00 or imprisoned not more than 6 months or both.''
    (2) Moreover, any person who willfully violates this regulation is 
subject to a fine not to exceed $5,000.00 or imprisonment for not more 
than 1 year or both as provided in paragraph (c)(4) of this section.
    (3) In addition, violation of this regulation by persons subject to 
the Uniform Code of Military Justice (10 U.S.C. 801-940) is a violation 
of Article 92 of the Uniform Code of Military Justice.

[52 FR 44393, Nov. 19, 1987]