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DLA, acting for the Secretary of Defense, exercises the authority to determine the regulations, restrictions, and procedures for the transfer of excess property to law enforcement agencies and to determine the type, quantity, and location of excess personal property that will be transferred. Accordingly, DLA requires each State to agree to a Memorandum of Agreement, which sets forth the rules for participation. The key provisions are summarized below:

--Each State must submit to DLA for review a plan of operation conforming with State law and the provisions of the MOA. This plan will contain a description of the Ohio LESO's authority, staff, and facilities as well as the procedures the State has established for determining eligibility and allocation and for overseeing compliance, reutilization, accountability, and disposal.

--Preference shall be given to requests for property for counter drug and counter terrorism requirements, and "All requests . . . must be based on bona fide law enforcement requirements." For purposes of this program, "DLA defines agencies in law enforcement activities as government agencies whose primary function is the enforcement of applicable Federal, State, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension." [Emphasis added.] 

--". . . [P]roperty may not be obtained for the purpose of sale, lease, rent, exchange, barter, to secure a loan, or to otherwise supplement normal State/law enforcement agency (LEA) budgets." Property must be placed in use within 1 year of receipt, and serviceable equipment may not be requisitioned for parts. Property must be used for at least 1 year (if still serviceable). No items will be disposed of or transferred without the approval of Ohio LESO regardless of DEMIL code. Documentation of the disposal must be provided to Ohio LESO to support the inventory adjustment. The stockpiling of equipment for possible future use is prohibited.

--The receiving agency is responsible for all costs associated with the property after it is transferred, as well as for all shipping or Federal repossession costs.

--Equipment requiring demilitarization (includes weapons, ammunition and night vision devices) must be returned to the nearest Defense Reutilization Marketing Office (DRMO) that is equipped to receive it when it is no longer needed for law enforcement activities. All turn-ins are coordinated with Ohio LESO.

--Special rules apply to helicopters and airplanes: All aircraft and aircraft parts received through the 1033 Program after October 1,1996 can not be sold outside the Program.  Aircraft no longer being used will be transferred to another LEA or turned in to DRMO. Furthermore, law enforcement agencies may exchange aircraft and parts with other authorized agencies provided that appropriate Federal Aviation Administration (FAA) maintenance and repair guidelines are followed. They also may stock reasonable quantities of aircraft components.

--Special rules also apply to Munitions List/Commerce Control List Items and Flight Safety Critical Aircraft Parts.

--DLA LESO has announced a program of compliance visits to the States. The goal is to visit each State once every 2 years. Ohio LESO is advised in advance of each visit and informed concerning the scope of the compliance review.

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