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Excess aircraft are available to qualified law enforcement agencies through the 1033 Program. Because of their high value, limited numbers, and the high costs associated with modifying, maintaining, and operating military aircraft in law enforcement roles while complying with FAA rules and regulations, the Department of Defense has kept a tight rein on the transfer of excess aircraft.

DLA requires that the following procedures be followed when a law enforcement agency requests an excess military aircraft:

--The agency requesting an excess aircraft begins the process by writing a letter to DLA LESO, through the Ohio LESO. The Ohio LESO determines intrastate priorities for aircraft and forwards approved requests to DLA LESO. The letter should include the following information and assertions:

o The name, address, and phone and fax numbers of the agency and the name of the agency's chief executive. The names and phone numbers of points-of-contact in the aviation unit should be included.

o The type and number of aircraft requested, with an explanation of the intended missions for the aircraft and the expected impact on the crime situation in the local and surrounding jurisdictions.

o The area covered by the jurisdiction and its population.

o Assurance that the agency chief executive understands the aircraft transfer conditions contained in the MOA; this should be a reiteration of the conditions DLA imposes on the transfer of aircraft as stated in the MOA.

o A description of the agency's plan to maintain, finance, and operate the aircraft being requested. (A copy of the agency's aviation plan would be helpful in this regard.)

o A statement to the effect that the agency chief executive is familiar with FAA regulations governing the operation of the aircraft. This statement should include citations to the applicable Federal Aviation Regulations (FAR) and FAA Advisory Circular 00.1-1 Public Aircraft Operations.

o A statement concerning aircraft received (if any) from the Federal Government by the requesting agency prior to this request: when, how many, what type.

--DLA LESO constructs a list of approved aircraft requests, in order of the date each request was received. This list is reviewed by the Office of National Drug Control Policy and the U.S. Department of Justice. Requests are filled from the approved list as aircraft become available.

--Nearly all excess aircraft come from the Army. The U.S. Army Aviation and Missile Command prepares transfer documents and coordinates directly with the Ohio LESO and the receiving LEA for pickup of the aircraft.

--If the agency agrees to accept the helicopter, it must arrange to fly the helicopter (or transport it otherwise, if it is not flyable) from wherever it is located. Some avionics may be removed by the Army before the helicopter is transferred; if the helicopter is flown away, the agency signs a receipt for the avionics and returns them after the flight.

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