4
1
Reference Memo from Deputy Under Secretary of Defense (Installations & Environment) dated August 23,
2004, Subject: Working with State and Local Governments to Combat Encroachment
Engaging State and Local Governments: The Facts
Common Concerns True/False What the Law Says What This Means
“DoD personnel
cannot provide
information to state
and local governments
about legislation that
would protect our
military bases and
ranges.”
FALSE
• “No part of the money
appropriation...shall be used
directly or indirectly to...
inuence...a Member of
Congress, a jurisdiction, or
ofcial of any government,
to favor ...or oppose any law,
policy or appropriation.”
[18 U.S.C. 1913]
• Applicable to lobbying at
the state and local level
AND with regard to
regulations and policy,
not just legislation and
appropriations
• “No part of any
appropriations contained in
this Act shall be used for
publicity or propaganda
purposes...”
[DoD FY05 Appropriations
Act]
IT IS OK TO:
• Share information about
Administration positions
• Share information necessary to the
administration of laws for which a
government agency is responsible
• Provide pre-existing materials
• Give speeches on Administration
positions (as long as not exhorting
the public to contact government
ofcials in support of position)
• Send letters from an agency to
members of Congress
• Make statements to the news media
on Administration positions
IT IS NOT OK TO:
• Use appropriated funds to generate
grassroots support, i.e., attempt
to mobilize citizens or networks
to call, write, email, or otherwise
contact lawmakers in support of
DoD initiatives
“Providing
information on the
impacts from local
development action
near our installation is
considered lobbying.”
FALSE
“Giving speeches
on legislation is
considered lobbying.”
DEPENDS
“If state and local
governments take the
military’s advice, the
military may become
liable for takings.”
FALSE
• “Nor shall private property
be taken for public use,
without just compensation.”
[U.S. Constitution,
Amendment 5]
• “The United States may use
its position as a landowner
to inuence local zoning
authorities without incurring
liability for a taking.”
[Persyn v. United States, 32
Fed. Cl. 579, 585 (1995)]
IT IS OK TO:
• Testify or provide information to
government agencies about impacts
of actions on military operations
• Make recommendations or otherwise
be persuasive about actions
• Prepare draft ordinance/legislation
IT IS NOT OK TO:
• Be part of a panel that votes on land
use matters
• Threaten, deceive or recommend
others do what DoD cannot do
“Testifying to a local
land use planning
authority makes the
government liable for
takings.”
FALSE
“Working with state
and local governments
to combat
encroachment is DoD
policy.”
TRUE
“I recommend you direct
more active involvement at
the installation and Regional
Environmental Coordinator
level in all aspects of state
and local planning that could
impact readiness.”
1
IT IS OK TO:
• Participate, communicate, build
relationships, and share information
IT IS NOT OK TO:
• Avoid all interactions with local
planners and organizations about
land use issues