AGREEMENT CONCERNING LIMITED USE
BY
THE UNITED STATES NAVAL FORCES , JAPAN
OF
THE MARITIME SELF DEFENSE FORCE
OMURA AIR BASE

  This Agreement made and entered in this 30th day of September 1992 by and between the duly authorized representative of the Japan Maritime Self Defense Force (hereinafter referred to as JMSDF) and the duly authorized representative of the United States Naval Forces, Japan (hereinafter referred to as USNFJ) as the respective signatures hereto appear:

WITNESSETH :

  WHEREAS, the United States Government (USG ), by Memorandum FSUS-754-3231-RM(N) to the Facilities Subcommittee, dated 28 July 1992, subject: Joint Use of Omura Air Base, has requested limited use of the subject facilities and areas , and

WHEREAS , the Government of Japan (GOJ) has agreed by MEMO No. 3094 approved by the Joint Committee on 10 September 1992, subject: Joint Use of Omura Air Base, to the USG request, and granted to the USG the joint use of certain portions of the facilities and areas , known and designated as Facility Number FAC 5122, Name of Facility Omura Air Base under the provisions Article II 4 (b) of the Agreement Under Article VI of Treaty of Mutual Cooperation and Security Between the United States of America and Japan, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan .

  NOW THEREFORE, based on the agreement of the parties, joint use of the above JMSDF facilities and areas is hereby granted to the USG under the following terms and conditions .

1. purpose

  This Agreement shall determine the necessary matters on the limited use of the facilities and areas, including the structures, of FAC 5122, Omura Air Base for the maintenance support of one (1) helicopter attached to LHA-3 forward deployed to U.S. Fleet Activities , Sasebo, FAC 3029 .

2. Term of Agreement

  This Agreement will continue in effect until terminated by any of the following:
  (a) By mutual consent of the signatories hereto.
  (b) By either party upon 60 days written notice.
  (c) By JMSDF, for non-compliance by USNFJ with the terms of
    this Agreement.

3. Application of Rules and Regulations

  The U.S. Forces Unit user (hereinafter referred to as US unit) will be subject to the provisions in this. Agreement and will comply with the rules and regulations established by the Commander of the 22nd Fleet Air Wing, JMSDF or his designated representative ( hereinafter referred to the JMSDF Commander of the Wing) to maintain discipline and for the facilities and areas. However, in exceptional cases where any of the said rules and regulations may not apply, the Commander of the US unit will consult with the JMSDF Commander of the Wing to resolve the cases .

4. Facilities and Areas for Limited Use

  The facilities and areas , including the structures f to be furnished for limited use will be as delineated on Addendum No. 1 to this Agreement.

5. Notice of Use and Coordination

  In case, of requesting the use of the facilities and areas , the Commander of the us unit shall submit the request to the commander of the wing with such relative information as the period of use, flight plans , test flights, maintenance schedule , the names of the users, and necessity of billeting at least 48 hours in advance to the beginning of the use, and obtain an approval from him. In case of an urgent need to use the facilities and areas or to change the schedule of the use, the Commander of the US unit shall consult with the JMSDF Commander of the Wing to solve the problem.

6. Use and Management of Facilities and Areas

  (a) The maintenance and management of the facilities and areas will be the responsibility of the JMSDF Commander of the Wing.
  (b) The US unit shall properly maintain the facilities and areas under the joint, use by this Agreement in the conditions at the time of starting, the use by the US unit.
  (c) The US unit may use the parking apron for one helicopter and shall fallow the directions from the JMSDF Commander of the Wing to use the taxiway, etc .
  (d) The US unit may use a portion of the hanger for maintenance work, but shall follow the directions from the JMSDF Commander of the Wing as to the specific location to be used for the maintenance and the use of the hoist.
  (e) The US unit may use the quarters for their billeting.
(f) The US unit will provide for itself the supplies and expendable items, to be required for the maintenance work.
  (g) The USNFJ will assume responsibility if damages or accidents are caused by the US unit.
  (h) The JMSDF Commander of the Wing will provide the US unit with the utilities at the reasonable price within the possible limits, as prescribed in Addendum No. 2.

7. Test Flights

  The test flights of the helicopter, for which maintenance has been done at Omura Air Base, FAC 5122, shall comply with the air base regulations established. by the JMSDF Commander of the Wing, and shall be carried out under the directions from the Chief of Omura Base Operations Division.

8. Entry and Exit

  The Commander of the US unit shall coordinate with. the JMSDF Commander of the Wing and establish the procedures of entry and exit at Omura Air Base for the members of the US unit and others concerned.

9. Photographing

  (a) The US unit shall not take any photographs of the objects prohibited by the JMSDF Commander of the Wing .
  (b) In case of taking photographs for public relations, the US unit shall previously obtain a permission from the JMSDF Commander of the Wing.

10. Weather Information

  The JMSDF Commander of the Wing will provide the US unit with briefing of weather as required .

11. Provision of Meals

  (a). The US unit shall provide itself with meals throughout the period of using the facilities and areas.
  (b). The US unit may jointly use the utensils and equipment which are placed within, the joint-use facilities and required for supply of meals.

12. Report of Crimes and Traffic Accidents

  In case any crimes or traffic accidents have occurred in and around Omura Air Base and involved the members of the US unit, the Commander of the US unit shall report it to the Officer in Charge, Omura Shore Police Detachment.

13. Revision of Agreement

  (a) This Agreement may be revised or amended, within the scope of pertinent Joint Committee memoranda, as mutually agreed by the signatories.
  (b) In case any doubts concerning the interpretation of this Agreement are raised, the signatories of this Agreement will consult with each other and try to solve the problems.

14. Text of Agreement

  Done in duplicate, in the Japanese and English languages, both texts are equally authentic.


  IN WITNESS WHEREOF, the parties have hereunto set their hands on the day, month and year above written.

Nobuyuki Shima
JMSDF Representative
Commander of the 22nd Air Wing,
Japan Maritime Self Defense Force

John R. Eberwein
USFJ Representative
Assistant Chief of Staff
for Shore Facilities
Commander U.S. Naval Forces,
Japan

Tomosaburo Matsumura
DFAB Representative
Director of Facilities Division.
Fukuoka Defense Facilities
Administration Bureau


ADDENDUM NO. 1
To
Agreement Concerning Limited Use
By
The United States Naval Forces , Japan
Of
The Maritime Self Defense Force Omura Air Base

  This Addendum No. 1 is attached to and forms a part of Agreement Concerning Limited Use by the United states Naval Forces, Japan of the Maritime Self Defense Force Omura Air Base.

Facilities and Areas including Structures provided for
the Limited Use by the United States Naval Forces. Japan (USNFJ)

1. Facilities and Areasm2
Bldg No. Facility Name Floor Area Joint Use Area Remarks
2 Quarters 352 53 Enclosures 1 and 2
6 Office 327 32 Enclosures 1 and 3
7 Base Operation 233 69 Enclosures 1 and 4
10 Quarters 1,482 81 Enclosures 1 and 5
19 Mess Hall 2,631 988 Enclosures 1 and 6
40 Bath Room 288 107 Enclosures 1 and 7
55 Hangar 3,710 928 Enclosures 1 and 8
57 Oil Storage 12 12 Enclosures 1 and 3
104 Head 11 11 Enclosures 1 and 3
Total: 2,281

2. Structures
Name of Structures Contents Remarks
Parking Apron circle of 26 meters in diameter See Enclosure 1.
Other structures One system of structures for
various types of support
facilities
lncluding a hoist
for maintenance
See Enclosure 1

ADDENDUM NO. 2
To
Agreement Concerning Limited Use
By
The United States Naval Forces , Japan
Of
The maritime Self Defense Force Omura Air Base

  This Addendum No. 2 is attached to and forms a part of Agreement Concerning Limited Use by the United States Naval Forces , Japan, of the Maritime Self Defense Force Omura Air Base.

INVOICE FOR AND PAYMENT FOR EXPENSES OF UTILITIES

1. Invoice for Expenses of Utilities

  The JMSDF will provide the user US unit, with a detailed accounting statement of water supply, sewage disposal , operations of substation, steam supply, and electric power supply, for reimbursement of such utilities based on the following, cost computation standards.

2. Cost Computation Standards

  The quantity of use for mater supply, sewage disposal , operation cost of substation, air supply and steam supply will be computed based on, the ratio of men, and each unit cost will be based on the cost computed, for the previous year .

(1) Water Supply

  A. Unit Cost for water Supply (yen per cubic meter )

  Unit Cost for Water Supply = Annual Labor Cost + Annual Maintenance Cost
Annual Quantity of Water Supply

  *Maintenance Cost: Repair Cost, Chemicals Cost, Consumption Articles Cost,
Electric Power Cost and Inspection Cost.

  B. Quantity of Daily Use per Head (cubic meter per head)

  Quantity of Daily Use per Head = Quantity of Annual Water Supply
The Total Number of Men per Year

(2) Sewage Disposal

  A. Unit Cost for Sewage Disposal (yen per cubic meter)

  Unit Cost for Sewage Disposal = Charge for Annual Drained Water for Sewage
+ Annual maintenance Cost
Annual Quantity of Drained Water for Sewage

  *Maintenance Cost: Repair Cost, Medical Cost. Consumption Articles Cost,
and Inspection Cost

  B. Daily Used Quantity per Head (yen per cubic meter)

  Quantity of Daily Use per Head = Quantity of Annual Drained Water for sewage
The Total Number of Men per Year

(3) Cost for Operation of Substation

  A. Unit Cost for Operations of Substation (yen per Kwh)

  Unit Cost for Operations
of Substation =

Annual Labor Cost + Annual Maintenance Cost
Annual Quantity of Received Electric Power

  *Maintenance Cost: Repair Cost and Consumption Articles Cost

  B. Quantity of Daily Use per Head (Kwh per head)

  Quantity of Daily Use per Head = Annual Quantity of Received Electric Power
The Total Number of Men per Year

(4 ) Steam Supply

  A. Unit Cost for Steam Supply (yen per ton)

  Unit Cost for Steam Supply = Annual Labor Cost + Annual Maintenance Cost
+ Annual Fuel Cost
Annual Quantity of Steam Supply

  *Maintenance Cost: Repair Cost, Electric Power Cost, Water Supply Cost,
Consumption Articles Cost , and Inspection Cost

  B. Quantity of Daily Use per Head (ton per head)

  Quantity of Daily Use per Head = Quantity of Annual Steam Supply
The Total Number of Men per Year

(5) Electric Power Supply

  A. Unit Cost for Electric Power Supply (yen per Kwh)

  Unit Cost for Electric Power Supply = Annual Cost for Electric Power
+ Annual Maintenance Cost
Annual Consumption Quantity
of Electric Power

  *Maintenance Cost: Repair Cost and Consumption Articles Cost

  B. Quantity of Daily Use per Head (Kwh per head)

  Quantity of Daily Use per Head = Annual Consumption Quantity of Electric
Power
The Total Number of Men per Year

3. Method for Payment

  (1) In compliance with the charges from the JMSDF, the US unit will make payment for the expenses of water supply, sewage, disposal, operations of substation, steam supply, and electric power supply to the Director of the Finance Department . Omura Air Base , the 22nd Air Wing of JMSDF.

  (2) The. statement of charges will be on a yen basis and payment will be made in yen within 25 days from the date of the bill .