10 March 2006
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[Federal Register: March 10, 2006 (Volume 71, Number 47)]
[Rules and Regulations]
[Page 12280-12281]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr06-5]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Parts 59, 62b, 73, 158, 190, 216, 221, 224, 229, 238, 248,
252, 258, 261, 271, 336, 345, 347, 371, 378, and 388
[DOD-2006-OS-0042]
Removal of Parts
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: The Department of Defense is removing several CFR parts from
Chapter I, Office of the Secretary of Defense. This administrative
action removes obsolete information from the Code of Federal
Regulations and notifies readers of the availability of the current DoD
documents that contain the information being removed.
DATES: This rule is effective March 10, 2006.
FOR FURTHER INFORMATION CONTACT: L. Bynum 703-696-6970.
SUPPLEMENTARY INFORMATION: The chart below identifies the status of the
parts being removed. All documents with a current date status may be
found as a DoD Directive (D), DoD Instruction (I), or Administrative
Instruction (AI) on the Washington Headquarters Services Web site at
http://www.dtic.mil/whs/directives/. Where ``removed'' is indicated,
the applicable DoD document has been removed from the DoD Directives
System.
[Cryptome provides below links to parts removed without replacement shown.]
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Part No. Document No. Canceled by
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59.................................... Voluntary Military Pay DoDD 7330.1.
Allotments.
62b................................... Drunk and Drugged Driving by DoD DoDD 1010.7.
DoD Personnel...................
73.................................... Training Simulators and Devices. DoDD 1430.13.
158................................... Guidelines for Systematic Removed 1/14/04.
Declassification Review of
Classified Information in
Permanently Valuable DoD
Records.
190................................... Natural Resources Management Removed 7/20/04.
Program.
216................................... Military Recruiting and Reserve DoDD 1322.13.
Officer Training Corps Program
Access to Institutions of
Higher Education.
221................................... Participation in the National DoDD 6025.13.
Practitioner Data Bank (NPDB).
224................................... DoD Committee Management Program DoDD 5105.18.
229................................... Protection of Archaeological Removed 6/21/04.
Resources: Uniform Regulations.
238................................... Armed Forces Community Relations DoDI 5410.19.
248................................... Department of Defense Removed 12/15/95.
Periodicals.
252................................... Department of Defense Offshore Removed 1/13/05.
Military Activities Program.
258................................... Cooperation with Allies in DoDD 2010.6.
Research and Development of
Defense Equipment.
261................................... Armed Services Military Club and DoDD 1015.2.
Package Stores.
271................................... Obtaining Information from Duplicate of Part 275.
Financial Institutions.
336................................... Publications of Proposed and AI 102.
Adopted Regulations Affecting
the Public.
345................................... Department of Defense Section 6 DoDD 1342.20.
Schools.
347................................... Department of Defense Dependents DoDD 1342.20.
Schools.
371................................... Defense Prisoner of War/Missing DoDD 5110.10.
in Action Office (DPMO).
378................................... Assistant to the Secretary of DoDD 5148.11.
Defense for Intelligence
Oversight.
388................................... Ballistic Missile Defense DoDD 5134.09.
Organization.
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[[Page 12281]]
List of Subjects
32 CFR Part 59
Military personnel, Wages.
32 CFR Part 62b
Alcohol abuse, Drug abuse, Government employees, Highway safety,
Military personnel.
32 CFR Part 73
Armed forces, Education, Government procurement.
32 CFR Part 158
Classified information.
32 CFR Part 190
Armed forces, Federal buildings and facilities, Natural resources.
32 CFR Part 216
Armed forces, Armed forces reserves, Colleges and universities,
Education.
32 CFR Part 221
Health professions, Reporting and recordkeeping requirements.
32 CFR Part 224
Advisory committees.
32 CFR Part 229
Administrative practice and procedure, Historic preservation,
Indians--lands, Penalties, Public lands, Reporting and recordkeeping
requirements.
32 CFR Part 238
Armed forces, Intergovernmental relations.
32 CFR Part 248
Armed forces, Government publications.
32 CFR Part 252
Armed forces, Continental shelf.
32 CFR Part 258
Foreign relations, National defense, Research.
32 CFR Part 261
Alcohol and alcoholic beverages, Armed forces, Concessions, Federal
buildings and facilities.
32 CFR Part 271
Banks, banking, Credit, Privacy.
32 CFR Part 336
Administrative practice and procedure.
32 CFR Parts 345 and 347
Elementary and secondary education, Organization and functions
(Government agencies).
32 CFR Parts 371, 378, and 388
Organization and functions (Government agencies).
PARTS 59, 62b, 73, 158, 190, 216, 221, 224, 229, 238, 248, 252,
258, 261, 271, 336, 345, 347, 371, 378, and 388--[REMOVED]
0
Accordingly, by the authority of 10 U.S.C. 301, 32 CFR parts 59, 62b,
73, 158, 190, 216, 221, 224, 229, 238, 248, 252, 258, 261, 271, 336,
345, 347, 371, 378, and 388 are removed.
Dated: March 6, 2006.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 06-2310 Filed 3-9-06; 8:45 am]
BILLING CODE 5001-08-P
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[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR158]
[Page 705-712]
TITLE 32--NATIONAL DEFENSE
CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
PART 158_GUIDELINES FOR SYSTEMATIC DECLASSIFICATION REVIEW OF CLASSIFIED
INFORMATION IN PERMANENTLY VALUABLE DoD RECORDS--Table of Contents
Sec.
158.1 Reissuance and purpose.
158.2 Applicability and scope.
158.3 Definitions.
158.4 Policy.
158.5 Procedures.
158.6 Responsibilities.
158.7 Categories of information that require review before
declassification.
158.8 Categories of information that require review before
declassification: Department of the Army systems.
158.9 Categories of information that require review before
declassification: Department of the Navy systems.
158.10 Categories of information that require review before
declassification: Department of the Air Force systems.
158.11 Declassification considerations.
158.12 Department of State areas of interest.
158.13 Central Intelligence Agency areas of interest.
Authority: E.O. 12356, 10 U.S.C.
Source: 48 FR 29840, June 29, 1983, unless otherwise noted.
Sec. 158.1 Reissuance and purpose.
This part is reissued; establishes procedures and assigns
responsibilities for the systematic declassification review of
information classified under E.O. 12356 and Information Security
Oversight Office Directive No. 1, DoD Directive 5200.1 and DoD 5200.1-R,
and prior orders, directives, and regulations governing security
classification; and implements section 3.3 of E.O. 12356.
Sec. 158.2 Applicability and scope.
(a) This part applies to the Office of the Secretary of Defense
(OSD) and to
[[Page 706]]
activities assigned to the OSD for administrative support, the Military
Departments, the Organization of the Joint Chiefs of Staff, the Unified
and Specified Commands, and the Defense Agencies (hereafter referred to
collectively as ``DoD Components'').
(b) This part applies to the systematic review of permanently
valuable classified information, developed by or for the Department of
Defense and its Components, or its predecessor components and
activities, that is under the exclusive or final original classification
jurisdiction of the Department of Defense.
(c) Its provisions do not cover Restricted Data or Formerly
Restricted Data under the Atomic Energy Act of 1954 or information in
nonpermanent records.
(d) Systematic declassification review of records pertaining to
intelligence activities (including special activities) or intelligence
sources or methods shall be in accordance with special procedures issued
by the Director of Central Intelligence.
Sec. 158.3 Definitions.
(a) Cryptologic information. Information pertaining to or resulting
from the activities and operations involved in the production of signals
intelligence (SIGINT) or to the maintenance of communications security
(COMSEC).
(b) Foreign government information. Information that is provided to
the United States by a foreign government or governments, an
international organization of governments, or any element thereof with
the expectation, expressed or implied, that the information, the source
of the information, or both are to be held in confidence; or produced by
the United States pursuant to or as a result of a joint arrangement with
a foreign government or governments, an international organization of
governments, or any element thereof requiring that the information, the
arrangement, or both are to be held in confidence.
(c) Intelligence method. Any process, mode of analysis, means of
gathering data, or processing system or equipment used to produce
intelligence.
(d) Intelligence source. A person or technical means that provides
intelligence.
Sec. 158.4 Policy.
It is the policy of the Department of Defense to assure that
information that warrants protection against unauthorized disclosure is
properly classified and safeguarded as well as to facilitate the flow of
unclassified information about DoD operations to the public.
Sec. 158.5 Procedures.
(a) DoD classified information that is permanently valuable, as
defined by 44 U.S.C. 2103, that has been accessioned into the National
Archives of the United States, will be reviewed systematically for
declassification by the Archivist of the United States, with the
assistance of the DoD personnel designated for that purpose, as it
becomes 30 years old; however, file series concerning intelligence
activities (including special activities) created after 1945,
intelligence sources or methods created after 1945, and cryptology
records created after 1945 will be reviewed as they become 50 years old.
(b) All other DoD classified information and foreign government
information that is permanently valuable and in the possession or
control of DoD Components, including that held in Federal records
centers or other storage areas, may be reviewed systematically for
declassification by the DoD Component exercising control of such
information.
(c) DoD classified information and foreign government information in
the possession or control of DoD Components shall be declassified when
they become 30 years old, or 50 years old in the case of DoD
intelligence activities (including special activities) created after
1945, intelligence sources or methods created after 1945, or cryptology
created after 1945, if they are not within one of the categories
specified in Sec. Sec. 158.7 through 158.10 or in 48 FR 4403, January
31, 1983.
(d) Systematic review for declassification shall be in accordance
with procedures contained in DoD 5200 1-R. Information that falls within
any of the categories in Sec. Sec. 158.7 through 158.10
[[Page 707]]
and in 44 FR 4403 shall be declassified if the designated DoD reviewer
determines, in light of the declassification considerations contained in
Sec. 158.11 that classification no longer is required. In the absence
of such a declassification determination, the classification of the
information shall continue as long as required by national security
considerations.
(e) Before any declassification or downgrading action, DoD
information under review should be coordinated with the Department of
State on subjects cited in Sec. 158.12, and with the Central
Intelligence Agency (CIA) on subjects cited in Sec. 158.13.
Sec. 158.6 Responsibilities.
(a) The Deputy Under Secretary of Defense for Policy shall:
(1) Exercise oversight and policy supervision over the
implementation of this part.
(2) Request DoD Components to review Sec. Sec. 158.7 through 158.11
of this part every 5 years.
(3) Revise Sec. Sec. 158.7 through 158.11 to ensure they meet DoD
needs.
(4) Authorize, when appropriate, other Federal agencies to apply
this part to DoD information in their possession.
(b) The Head of each DoD Component shall:
(1) Recommend changes to Sec. Sec. 158.7 through 158.13 of this
part.
(2) Propose, with respect to specific programs, projects, and
systems under his or her classification jurisdiction, supplements to
Sec. Sec. 158.7 through 158.11 of this part.
(3) Provide advice and designate experienced personnel to provide
timely assistance to the Archivist of the United States in the
systematic review of records under this part.
(c) The Director, National Security Agency/Chief, Central Security
Service (NSA/CSS), shall develop, for approval by the Secretary of
Defense, special procedures for systematic review and declassification
of classified cryptologic information.
(d) The Archivist of the United States is authorized to apply this
part when reviewing DoD classified information that has been accessioned
into the Archives of the United States.
Sec. 158.7 Categories of information that require review before
declassification.
The following categories of information shall be reviewed
systematically for declassification by designated DoD review in
accordance with this part:
(a) Nuclear propulsion information.
(b) Information concerning the establishment, operation, and support
of the U.S. Atomic Energy Detection System.
(c) Information concerning the safeguarding of nuclear materials or
facilities.
(d) Information that could affect the conduct of current or future
U.S. foreign relations. (Also see Sec. 158.12.)
(e) Information that could affect the current or future military
usefulness of policies, programs, weapon systems, operations, or plans
when such information would reveal courses of action, concepts, tactics,
or techniques that are used in current operations plans.
(f) Research, development, test, and evaluation (RDT&E) of chemical
and biological weapons and defensive systems; specific identification of
chemical and biological agents and munitions; chemical and biological
warfare plans; and U.S. vulnerability to chemical or biological warfare
attack.
(g) Information about capabilities, installations, exercises,
research, development, testing and evaluation, plans, operations,
procedures, techniques, organization, training, sensitive liaison and
relationships, and equipment concerning psychological operations;
escape, evasion, rescue and recovery, insertion, and infiltration and
exfiltration; cover and support; deception; unconventional warfare and
special operations; and the personnel assigned to or engaged in these
activities.
(h) Information that reveals sources or methods of intelligence or
counter-intelligence, counterintelligence activities, special
activities, identities of clandestine human agents, methods of special
operations, analytical techniques for the interpretation of intelligence
data, and foreign intelligence reporting. This includes information that
reveals the overall scope, processing rates, timeliness, and accuracy of
intelligence systems and networks, including the means of
interconnecting
[[Page 708]]
such systems and networks and their vulnerabilities.
(i) Information that relates to intelligence activities conducted
jointly by the Department of Defense with other Federal agencies or to
intelligence activities conducted by other Federal agencies in which the
Department of Defense has provided support. (Also see Sec. 158.13.)
(j) Airborne radar and infrared imagery.
(k) Information that reveals space system:
(1) Design features, capabilities, and limitations (such as antijam
characteristics, physical survivability features, command and control
design details, design vulnerabilities, or vital parameters).
(2) Concepts of operation, orbital characteristics, orbital support
methods, network configurations, deployments, ground support facility
locations, and force structure.
(l) Information that reveals operational communications equipment
and systems:
(1) Electronic counter-counter-measures (ECCM) design features or
performance capabilities.
(2) Vulnerability and susceptibility to any or all types of
electronic warfare.
(m) Information concerning electronic intelligence, telemetry
intelligence, and electronic warfare (electronic warfare support
measures, electronic countermeasures (ECM), and ECCM) or related
activities, including:
(1) Information concerning or revealing nomenclatures, functions,
technical characteristics, or descriptions of foreign communications and
electronic equipment, its employment or deployment, and its association
with weapon systems or military operations.
(2) Information concerning or revealing the processes, techniques,
operations, or scope of activities involved in acquiring, analyzing, and
evaluating the above information, and the degree of success obtained.
(n) Information concerning Department of the Army systems listed in
Sec. 158.8.
(o) Information concerning Department of the Navy systems listed in
Sec. 158.9.
(p) Information concerning Department of the Air Force systems
listed in Sec. 158.10.
(q) Cryptologic information (including cryptologic sources and
methods). This includes information concerning or revealing the
processes, techniques, operations, and scope of SIGINT comprising
communications intelligence, electronics intelligence, and telemetry
intelligence; and the cryptosecurity and emission security components of
COMSEC, including the communications portion of cover and deception
plans.
(1) Recognition of cryptologic information may not always be an easy
task. There are several broad classes of cryptologic information, as
follows:
(i) Those that relate to COMSEC. In documentary form, they provide
COMSEC guidance or information. Many COMSEC documents and materials are
accountable under the Communications Security Material Control System.
Examples are items bearing transmission security (TSEC) nomenclature and
crypto keying material for use in enciphering communications and other
COMSEC documentation such as National COMSEC Instructions, National
COMSEC/Emanations Security (EMSEC) Information Memoranda, National
COMSEC Committee Policies, COMSEC Resources Program documents, COMSEC
Equipment Engineering Bulletins, COMSEC Equipment System Descriptions,
and COMSEC Technical Bulletins.
(ii) Those that relate to SIGINT. These appear as reports in various
formats that bear security classifications, sometimes followed by five-
letter codewords (World War II's ULTRA, for example) and often carrying
warning caveats such as ``This document contains codeword material'' and
``Utmost secrecy is necessary . . .'' Formats may appear as messages
having addressees, ``from'' and ``to'' sections, and as summaries with
SIGINT content with or without other kinds of intelligence and comment.
(iii) RDT&E reports and information that relate to either COMSEC or
SIGINT.
(2) Commonly used words that may help in identification of
cryptologic documents and materials are ``cipher,''
[[Page 709]]
``code,'' ``codeword,'' ``communications intelligence'' or ``COMINT,''
``communications security'' or ``COMSEC,'' ``cryptanalysis,''
``crypto,'' ``cryptography,'' ``cryptosystem,'' ``decipher,''
``decode,'' ``decrypt,'' ``direction finding,'' ``electronic
intelligence'' or ``ELINT,'' ``electronic security,'' ``encipher,''
``encode,'' ``encrypt,'' ``intercept,'' ``key book,'' ``signals
intelligence'' or ``SIGINT,'' ``signal security,'' and ``TEMPEST.''
Sec. 158.8 Categories of information that require review before
declassification: Department of the Army systems.
The following categories of Army information shall be reviewed
systematically for declassification by designated DoD reviewers in
accordance with this part.
(a) Ballistic Missile Defense (BMD) missile information, including
the principle of operation of warheads (fuzing, arming, and destruct
operations); quality or reliability requirements; threat data;
vulnerability; ECM and ECCM); details of design, assembly, and
construction; and principle of operations.
(b) BMD systems data, including the concept definition (tentative
roles, threat definition, and analysis and effectiveness); detailed
quantitative technical system description-revealing capabilities or
unique weaknesses that are exploitable; overall assessment of specific
threat-revealing vulnerability or capability; discrimination technology;
and details of operational concepts.
(c) BMD optics information that may provide signature
characteristics of U.S. and United Kingdom ballistic weapons.
(d) Shaped-charge technology.
(e) Fleshettes.
(f) M380 Beehive round.
(g) Electromagnetic propulsion technology.
(h) Space weapons concepts.
(i) Radar-fuzing programs.
(j) Guided projectiles technology.
(k) ECM and ECCM to weapons systems.
(l) Armor materials concepts, designs, or research.
(m) 2.75-inch Rocket System.
(n) Air Defense Command and Coordination System (AN/TSQ-51).
(o) Airborne Target Acquisition and Fire Control System.
(p) Chaparral Missile System.
(q) Dragon Guided Missile System Surface Attack, M47.
(r) Forward Area Alerting Radar (FAAR) System.
(s) Ground laser designators.
(t) Hawk Guided Missile System.
(u) Heliborne, Laser, Air Defense Suppression and Fire and Forget
Guided Missile System (HELLFIRE).
(v) Honest John Missile System.
(w) Lance Field Artillery Missile System.
(x) Land Combat Support System (LCSS).
(y) M22 (SS-11 ATGM) Guided Missile System, Helicopter Armament
Subsystem.
(z) Guided Missile System, Air Defense (NIKE HERCULES with Improved
Capabilities with HIPAR and ANTIJAM Improvement).
(aa) Patriot Air Defense Missile System.
(bb) Pershing IA Guided Missile System.
(cc) Pershing II Guided Missile System.
(dd) Guided Missile System, Intercept Aerial M41 (REDEYE) and
Associated Equipment.
(ee) U.S. Roland Missile System.
(ff) Sergeant Missile System (less warhead) (as pertains to
electronics and penetration aids only).
(gg) Shillelagh Missile System.
(hh) Stinger/Stinger-Post Guided Missile System (FIM-92A).
(ii) Terminally Guided Warhead (TWG) for Multiple Launch Rocket
System (MLRS).
(jj) TOW Heavy Antitank Weapon System.
(kk) Viper Light Antitank/Assault Weapon System.
Sec. 158.9 Categories of information that require review before
declassification: Department of the Navy systems.
The following categories of Navy information shall be reviewed
systematically for declassification by designated DoD reviewers in
accordance with this part.
[[Page 710]]
(a) Naval nuclear propulsion information.
(b) Conventional surface ship information:
(1) Vulnerabilities of protective systems, specifically:
(i) Passive protection information concerning ballistic torpedo and
underbottom protective systems.
(ii) Weapon protection requirement levels for conventional, nuclear,
biological, or chemical weapons.
(iii) General arrangements, drawings, and booklets of general plans
(applicable to carriers only).
(2) Ship-silencing information relative to:
(i) Signatures (acoustic, seismic, infrared, magnetic (including
alternating magnetic (AM)), pressure, and underwater electric potential
(UEP)).
(ii) Procedures and techniques for noise reduction pertaining to an
individual ship's component.
(iii) Vibration data relating to hull and machinery.
(3) Operational characteristics related to performance as follows:
(i) Endurance or total fuel capacity.
(ii) Tactical information, such as times for ship turning, zero to
maximum speed, and maximum to zero speed.
(c) All information that is uniquely applicable to nuclear-powered
surface ships or submarines.
(d) Information concerning diesel submarines as follows:
(1) Ship-silencing data or acoustic warfare systems relative to:
(i) Overside, platform, and sonar noise signature.
(ii) Radiated noise and echo response.
(iii) All vibration data.
(iv) Seismic, magnetic (including AM), pressure, and UEP signature
data.
(2) Details of operational assignments, that is, war plans,
antisubmarine warfare (ASW), and surveillance tasks.
(3) General arrangements, drawings, and plans of SS563 class
submarine hulls.
(e) Sound Surveillance System (SOSUS) data.
(f) Information concerning mine warfare, mine sweeping, and mine
countermeasures.
(g) ECM or ECCM features and capabilities of any electronic
equipment.
(h) Torpedo information as follows:
(1) Torpedo countermeasures devices: T-MK6 (FANFARE) and NAE
beacons.
(2) Tactical performance, tactical doctrine, and vulnerability to
counter-measures.
(i) Design performance and functional characteristics of guided
missiles, guided projectiles, sonars, radars, acoustic equipments, and
fire control systems.
Sec. 158.10 Categories of information that require review before
declassification: Department of the Air Force systems.
The Department of the Air Force has determined that the categories
identified in Sec. 158.7 of this part shall apply to Air Force
information.
Sec. 158.11 Declassification considerations.
(a) Technological developments; widespread public knowledge of the
subject matter; changes in military plans, operations, systems, or
equipment; changes in the foreign relations or defense commitments of
the United States; and similar events may bear upon the determination of
whether information should be declassified. If the responsible DoD
reviewer decides that, in view of such circumstances, the public
disclosure of the information being reviewed no longer would result in
damage to the national security, the information shall be declassified.
(b) The following are examples of considerations that may be
appropriate in deciding whether information in the categories listed in
Sec. Sec. 158.7 through 158.10 may be declassified when it is reviewed:
(1) The information no longer provides the United States a
scientific, engineering, technical, operational, intelligence,
strategic, or tactical advantage over other nations.
(2) The operational military capability of the United States
revealed by the information no longer constitutes a limitation on the
effectiveness of the Armed Forces.
(3) The information is pertinent to a system that no longer is used
or relied on for the defense of the United States
[[Page 711]]
or its allies and does not disclose the capabilities or vulnerabilities
of existing operational systems.
(4) The program, project, or system information no longer reveals a
current weakness or vulnerability.
(5) The information pertains to an intelligence objective or
diplomatic initiative that has been abandoned or achieved and will no
longer damage the foreign relations of the United States.
(6) The information reveals the fact or identity of a U.S.
intelligence source, method, or capability that no longer is employed
and that relates to no current source, method, or capability that upon
disclosure could cause damage to national security or place a person in
immediate jeopardy.
(7) The information concerns foreign relations matters whose
disclosure can no longer be expected to cause or increase international
tension to the detriment of the national security of the United States.
(c) Declassification of information that reveals the identities of
clandestine human agents shall be accomplished only in accordance with
procedures established by the Director of Central Intelligence for that
purpose.
(d) The NSA/CSS is the sole authority for the review and
declassification of classified cryptologic information. The procedures
established by the NSA/CSS to facilitate the review and declassification
of classified cryptologic information are:
(1) COMSEC documents and materials. (i) If records or materials in
this category are found in agency files that are not under COMSEC
control, refer them to the senior COMSEC authority of the agency
concerned or by appropriate channels to the following address: Director,
National Security Agency, Attn: Director of Policy (Q4), Fort George G.
Meade, Maryland 20755.
(ii) If the COMSEC information has been incorporated into other
documents by the receiving agency, referral to the NSA/CSS is necessary
before declassification.
(2) SIGINT information. (i) If the SIGINT information is contained
in a document or record originated by a DoD cryptologic organization,
such as the NSA/CSS, and is in the files of a noncryptologic agency,
such material will not be declassified if retained in accordance with an
approved records disposition schedule. If the material must be retained,
it shall be referred to the NSA/CSS for systematic review for
declassification.
(ii) If the SIGINT information has been incorporated by the
receiving agency into documents it produces, referral to the NSA/CSS is
necessary before any declassification.
Sec. 158.12 Department of State areas of interest.
(a) Statements of U.S. intent to defend, or not to defend,
identifiable areas, or along identifiable lines, in any foreign country
or region.
(b) Statements of U.S. intent militarily to attack in stated
contingencies identifiable areas in any foreign country or region.
(c) Statements of U.S. policies or initiatives within collective
security organizations (for example, North Atlantic Treaty Organization
(NATO) and Organization of American States (OAS)).
(d) Agreements with foreign countries for the use of, or access to,
military facilities.
(e) Contingency plans insofar as they involve other countries, the
use of foreign bases, territory or airspace, or the use of chemical,
biological, or nuclear weapons.
(f) Defense surveys of foreign territories for purposes of basing or
use in contingencies.
(g) Reports documenting conversations with foreign officials, that
is, foreign government information.
Sec. 158.13 Central Intelligence Agency areas of interest.
(a) Cryptologic, cryptographic, or SIGINT. (Information in this
category shall continue to be forwarded to the NSA/CSS in accordance
with Sec. 158.11(d). The NSA/CSS shall arrange for necessary
coordination.)
(b) Counterintelligence.
(c) Special access programs
(d) Information that identifies clandestine organizations, agents,
sources, or methods.
(e) Information on personnel under official or nonofficial cover or
revelation of a cover arrangement.
[[Page 712]]
(f) Covertly obtained intelligence reports and the derivative
information that would divulge intelligence sources or methods.
(g) Methods or procedures used to acquire, produce, or support
intelligence activities.
(h) CIA structure, size, installations, security, objectives, and
budget.
(i) Information that would divulge intelligence interests, value, or
extent of knowledge on a subject.
(j) Training provided to or by the CIA that would indicate its
capability or identify personnel.
(k) Personnel recruiting, hiring, training, assignment, and
evaluation policies.
(l) Information that could lead to foreign political, economic, or
military action against the United States or its allies.
(m) Events leading to international tension that would affect U.S.
foreign policy.
(n) Diplomatic or economic activities affecting national security or
international security negotiations.
(o) Information affecting U.S. plans to meet diplomatic
contingencies affecting national security.
(p) Nonattributable activities conducted abroad in support of U.S.
foreign policy.
(q) U.S. surreptitious collection in a foreign nation that would
affect relations with the country.
(r) Covert relationships with international organizations or foreign
governments.
(s) Information related to political or economic instabilities in a
foreign country threatening American lives and installations therein.
(t) Information divulging U.S. intelligence collection and
assessment capabilities.
(u) U.S. and allies' defense plans and capabilities that enable a
foreign entity to develop countermeasures.
(v) Information disclosing U.S. systems and weapons capabilities or
deployment.
(w) Information on research, development, and engineering that
enables the United States to maintain an advantage of value to national
security.
(x) Information on technical systems for collection and production
of intelligence, and their use.
(y) U.S. nuclear programs and facilities.
(z) Foreign nuclear programs, facilities, and intentions.
(aa) Contractual relationships that reveal the specific interest and
expertise of the CIA.
(bb) Information that could result in action placing an individual
in jeopardy.
(cc) Information on secret writing when it relates to specific
chemicals, reagents, developers, and microdots.
(dd) Reports of the Foreign Broadcast Information Service (FBIS) (--
Branch, --Division) between July 31, 1946, and December 31, 1950, marked
CONFIDENTIAL or above.
(ee) Reports of the Foreign Documents Division between 1946 and 1950
marked RESTRICTED or above.
(ff) Q information reports.
(gg) FDD translations.
(hh) U reports.
[[Page 713]]
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[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR190]
[Page 750-757]
TITLE 32--NATIONAL DEFENSE
CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
PART 190--NATURAL RESOURCES MANAGEMENT PROGRAM--Table of Contents
Sec.
190.1 Purpose.
190.2 Applicability and scope.
190.3 Definitions.
190.4 Policy.
190.5 Responsibilities.
190.6 Procedures.
190.7 Information requirements.
Appendix--Integrated Natural Resources Management
Authority: 16 U.S.C. 1531 et seq., 16 U.S.C. 670 et seq., 10 U.S.C.
2665, 10 U.S.C. 2667(d), 10 U.S.C. 2671 and 16 U.S.C. 460(l).
[[Page 751]]
Source: 54 FR 7539, Feb. 22, 1989, unless otherwise noted.
Redesignated at 56 FR 64481, Dec. 10, 1991.
Sec. 190.1 Purpose.
This part.
(a) Replaces DoD Directive 4700.1.\1\
---------------------------------------------------------------------------
\1\ Canceled by DoD Directive 4700.4.
---------------------------------------------------------------------------
(b) Supersedes 32 CFR parts 232, 233, 234, and 217.
(c) Implements 16 U.S.C. 1531 et seq., 16 U.S.C. 670 et seq., 10
U.S.C. 2665, 10 U.S.C. 2667(d), 10 U.S.C. 2671, and 16 U.S.C. 460(l).
(d) Prescribes policies and procedures for an integrated program for
multiple-use management of natural resources on property under DoD
control.
[54 FR 7539, Feb. 22, 1989. Redesignated and amended at 56 FR 64481,
Dec. 10, 1991]
Sec. 190.2 Applicability and scope.
This part:
(a) Applies to the Office of the Secretary of Defense (OSD), the
Military Departments (including their National Guard and Reserve
components), the Joint Staff, the Unified and Specified Commands, and
the Defense Agencies (hereafter referred to collectively as ``DoD
Components''). The term ``Military Services,'' as used herein, refers to
the Army, Navy, Air Force, and Marine Corps.
(b) Governs DoD management of natural resources in the United States
and its territories and possessions for both appropriated and
nonappropriated fund activities.
(c) Does not govern natural resources management at State-owned
National Guard installations. Nothing contained in this part nor in
implementing documents or agreements shall modify rights granted by
treaty to Indian tribes or their members.
(d) Does not apply to the civil works functions of the Army.
Sec. 190.3 Definitions.
Agricultural Outlease. Use of DoD lands under a lease to an agency,
organization, or person for growing crops or grazing animals.
Carrying Capacity (Outdoor Recreation). The maximum amount of
recreation activity and number of participants that a land or water area
can support in manner compatible with the objectives of the natural
resources management plan and without degrading existing natural
resources.
Carrying Capacity (Wildlife). The maximum density of wildlife that a
particular area or habitat will support on a sustained basis without
deterioration of the habitat.
Conservation. Wise use and management of natural resources to
provide the best public benefits and continued productivity for present
and future generations.
Cooperative Plan. The component of the natural resources management
plan that describes how fish and wildlife resources at an installation
shall be managed and that has been coordinated with U.S. Fish and
Wildlife Service and the appropriate State agency. It provide for:
(a) Fish and wildlife habitat improvements or modifications.
(b) Range rehabilitation where necessary for support of wildlife.
(c) Control of off-road vehicle traffic.
(d) Specific habitat improvement projects and related activities and
adequate protection for species of fish, wildlife, and plants considered
threatened or endangered.
Critical Habitat. A specific designated area declared essential for
the survival of a protected species under authority of the Endangered
Species Act.
Endangered or Threatened Species. A species of fauna of flora that
has been designated by the U.S. Fish and Wildlife Service for special
protection and management pursuant to the Endangered Species Act.
Forest Products. All plan materials in wooded areas that have
commercial value.
Game Species. Fish and Wildlife that may be harvested in accordance
wtih Federal and State laws.
Grounds. All land areas not occupied by buildings, structures,
pavements, and railroads.
Habitat. An area where a plant or animal species lives, grows, and
reproduces, and the environment that satisfies any of their life
requirements.
Multiple-Use. The use of natural resources for the best combination
of purposes to meet the needs of the military and the public.
[[Page 752]]
Natural Resources. Land, water, and their associated flora and
fauna.
Natural Resources Management Professional. Individual with an
undergraduate or graduate degree in a natural resources-related science
and who has responsibility for managing natural resources on a regular
basis.
Nongame Species. Species not harvested for recreation or subsistence
purposes.
Noxious Weeds. Plant species identified by Federal or State Agencies
as requiring control or eradication.
Off-road Vehicle. A vehicle designed for travel on natural terrain.
The term excludes a registered motorboat confined to use on open water
and a military, emergency, or law enforcement vehicle during use by an
employee or agent of the Government or one of its contractors in the
course of employment or agency representation.
Outdoor Recreation. Program, activity, or opportunity dependent on
the natural environment. Examples are hunting, fishing, trapping,
picnicking, birdwatching, off-road vehicle use, hiking and interpretive
trails, wild and scenic river use, and underdeveloped camping areas.
Developed or constructed facilities such as golf courses, tennis courts,
riding stables, lodging facilities, boat launching ramps, and marinas
are not included.
Sustained Yield. Production of renewable natural resources at a
level when harvest or consumptive use does not exceed net growth.
Sec. 190.4 Policy.
(a) The Department of Defense shall act responsibly in the public
interest in managing its lands and natural resources. There shall be a
conscious and active concern for the inherent value of natural resources
in all DoD plans, actions, and programs.
(b) Natural resources under control of the Department of Defense
shall be managed to support the military mission, while practicing the
principles of multiple use and sustained yield, using scientific methods
and an interdisciplinary approach. The conservation of natural resources
and the military mission need not and shall not be mutually exclusive.
(c) Watersheds and natural landscapes, soils, forests, fish and
wildlife, and protected species shall be conserved and managed as vital
elements of DoD's natural resources program.
(d) DoD actions that affect natural resources in the United States
shall comply with the policy and requirements of 32 CFR part 188 and the
more stringent of applicable Federal or local laws. DoD actions that
influence natural resources in foreign countries or global commons shall
conform to requirements of 32 CFR part 187 applicable laws, treaties,
and agreements.
(e) Integrated natural resources management plans that incorporate
applicable provisions of the Appendix to this part shall be maintained
for DoD lands.
(f) DoD decisionmakers and commanders shall keep informed of the
conditions of natural resources, the objectives of natural resources
management plans, and potential or actual conflicts between DoD actions
and management plans and the policies and procedures herein.
(g) DoD lands shall be available to the public and DoD employees for
enjoyment and use of natural resources, except when a specific
determination has been made that a military mission prevents such access
for safety or security reasons or that the natural resources will not
support such usage. The determination shall be addressed in the
applicable natural resources management plan. To assist in the
management, study, or monitoring of natural resources, Federal, State
and local officials and natural resources management professionals shall
be permitted access to natural resources after proper safety and
security measures are taken.
(h) The management and conservation of natural resources under DoD
stewardship is an inherently governmental function. Therefore, 32 CFR
part 169 does not apply to the management, implementation, planning, or
enforcement of DoD natural resources programs. However, support to the
natural resources program when it is severable from management of
natural resources may be subject to 32 CFR part 169.
(i) If natural resources under DoD control are damaged by a
hazardous
[[Page 753]]
substance released by another party, that party is potentially liable.
The funds recovered by the Department of Defense as a result of natural
resources damage claims shall be used for restoration, replacement, or
acquisition of equivalent natural resources.
(j) Enforcement of laws primarily aimed at protecting natural
resources and recreation activities that depend on natural resources is
an integral part of a natural resources progam and shall be coordinated
with or under the direction of the natural resources manager for the
affected area.
[54 FR 7539, Feb. 22, 1989. Redesignated and amended at 56 FR 64481,
Dec. 10, 1991]
Sec. 190.5 Responsibilities.
(a) The Assistant Secretary of Defense (Production and Logistics)
(ASD(P&L)) shall:
(1) Establish and monitor implementation of natural resources
management policies for DoD properties and actions.
(2) Coordinate the DoD natural resources program with other Federal
Agencies.
(3) Maintain the Secretary of Defense Natural Resources Conservation
Awards Program established herein and described in DoD Instruction
4700.2 \2\
---------------------------------------------------------------------------
\2\ Copies may be obtained, at cost, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
---------------------------------------------------------------------------
(4) Designate a chairperson for the DoD Natural Resources Council
(DNRC) established in paragraph (b) of this section.
(5) Establish policy and direction for the DoD reserve account
established by 10 U.S.C. 2665.
(b) The Director, Defense Research and Engineering, through the
Deputy Under Secretary of Defense (Research and Advanced Technology)
(DUSD(R&AT)), shall conduct appropriate research, development, tests,
and evaluations to support integrated natural resources management
programs.
(c) The Heads of the Military Services and Directors of Defense
Agencies delegated land management responsibilities shall:
(1) Maintain an organizational capability and program resources
necessary to establish and maintain integrated natural resources
management programs as prescribed in this part.
(2) Maintain at all levels of command the interdisciplinary natural
resources expertise necessary to implement this program and provide for
their continued professional training.
(3) Ensure that effective natural resources management is an
identifiable function and is specifically accountable in performance
evaluations at each command level.
(4) Provide for technical reviews and onsite assessments of
installations' natural resources programs at least each 3 years by
natural resources management professionals, take necessary corrective
actions, and include natural resources programs in management reviews.
(5) Develop criteria and procedures for cooperative planning and
integrated natural resources management planning processes.
(6) Act as trustees for natural resources under their jurisdiction.
(7) Maintain records necessary to monitor and evaluate natural
resources under their management and provide requested information to
the ASD(P&L), other agencies with jurisdiction, and the public.
(d) The Heads of DoD Components shall coordinate proposals for new
and continuing actions that affect natural resources with the managers
of those resources.
(e) Installation Commanders shall:
(1) Conduct integrated natural resources management programs to
comply with this part.
(2) Enter into cooperative plans that may be developed on behalf of
the Secretary of Defense pursuant to the Sikes Act.
[54 FR 7539, Feb. 22, 1989. Redesignated and amended at 56 FR 64481,
Dec. 10, 1991]
Sec. 190.6 Procedures.
(a) Procedures shall be established by DoD Components to ensure that
current and planned mission activities (e.g., master planning,
construction requests, site approval requests, and training exercise
plans) are effectively coordinated in a timely manner with appropriate
natural resources managers.
[[Page 754]]
(b) The DNRC shall advise the ASD(P&L) regarding natural resources
issues and shall meet at least quarterly. DoD Components shall
participate to carry out this Directive and goals of the DoD natural
resources program. The Heads of the Military Services each shall appoint
one representative and one alternate to the DNRC. The DNRC shall:
(1) Provide technical support to the ASD(P&L) in natural resources
areas.
(2) Recommend policy and program improvements.
(3) Assist in conducting the Secretary of Defense Natural Resources
Conservation Awards Program.
(4) Coordinate the natural resources management program among DoD
Components.
(5) Conduct periodic natural resources conferences or training
opportunities for DoD employees.
(6) Identify and coordinate natural resources research activities
and needs and present them to the DUSD(R&AT) each year.
Sec. 190.7 Information requirements.
Information requirements of the ASD(P&L) shall be met by the Heads
of the Military Services each year by January 15 under Report Control
Symbol DD-P&L(A)1485.
Appendix to Part 190--Integrated Natural Resources Management
A. Integrated Planning
1. Integrated natural resources management plans shall be maintained
for properties under DoD control. These plans shall guide planners and
implementors of mission activities as well as natural resources
managers.
2. The plans shall be coordinated with appropriate Federal, State,
and local officials with interest or jurisdiction in accordance with 32
CFR part 243 and with planners of DoD activities that impact on the
natural resources. Conversely, new and continuing mission activities
that impact on natural resources shall be coordinated with appropriate
natural resources managers.
3. Natural resources management plans shall be continually
monitored, reviewed annually, and revised by DoD natural resources
management professionals. They shall be approved in accordance with DoD
Components' procedures at least every 5 years.
4. The natural resources management planning process shall invite
public participation.
5. An integrated natural resources management plan shall meet the
following criteria:
a. Natural resources and areas of critical or special concern are
adequately addressed from both technical and policy standpoints.
b. The natural resources management methodologies shall sustain the
capabilities of the natural resources to support military requirements.
c. The plan includes current inventories and conditions of natural
resources; goals; management methods; schedules of activities and
projects; priorities; responsibilties of installation planners and
decisionmakers; monitoring systems; protection and enforcement systems;
and land use restrictions, limitations, and capabilities.
d. Each plan segment or component (i.e., land, forest, fish and
wildlife, and outdoor recreation) exhibits compatible methodologies and
goals.
e. The plan is compatible with the installation's master plan and
pest management program under DoD Directive 4150.7.\1\
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\1\ Copies may be obtained, at cost, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
---------------------------------------------------------------------------
6. A determination that the public may not have access to use
natural resources under DoD control shall be included and explained in
the applicable integrated natural resources management plan.
7. The environmental impact analysis for any proposed activity or
project shall include an analysis of the compatibility of the proposal's
impacts with affected natural resources management plans and objectives.
Only after necessary revisions to management plans are made shall the
new activity begin.
8. The planning requirements of DoD Directive 4710.1 \2\ may be met
within the integrated natural resources plan.
---------------------------------------------------------------------------
\2\ See footnote 2 to paragraph A.5.e.
---------------------------------------------------------------------------
9. Integrated natural resources management plans shall be a primary
consideration during the master planning process and for land use and
development decisions.
B. Natural Resources Management Plan
The integrated natural resources plan shall implement the following
policies and requirements for each applicable program area:
1. Land Management
a. DoD lands shall be managed to support military activities,
improve the quality of land and water resources, protect wetlands and
floodplains and their functions, abate
[[Page 755]]
nonpoint sources of water pollution, conserve lands suitable for
agriculture, control noxious weeds, and control erosion.
b. Costs for maintaining grounds shall be minimized by providing the
least amount of mowed areas and special plantings necessary to
accomplish management objectives and by the use of low maintenance
species, agricultural outleases, wildlife habitat, and tree plantings.
c. Land management is an important use of appropriated funds. Also,
pursuant to 10 U.S.C. 2667(d) revenues from the agriculture and grazing
outlease program are available for:
(1) Administrative expenses of agricultural leases.
(2) Initiation, improvement, and perpetuation of agricultural
outleases.
(3) Preparation and revisions of natural resources management plans.
(4) Implementation of integrated natural resources management plans.
d. When appropriate, land management plans shall address soils,
water resources, soil and water conservation, wetlands and floodplains,
grounds maintenance, landscaping, agricultural uses and potential, fire
management, rangeland conditions and trends, areas of special interest,
and management for multiple use.
e. Soil capabilities, water management, landscaping, erosion
control, and conservation of natural resources shall be included in all
site feasibility studies and in project planning, design, and
construction. Appropriate conservation work and associated costs shall
be included in project proposals and construction contracts and
specifications. Such studies and work shall be coordinated with
appropriate natural resources management professionals and plans.
f. Irrigation shall be limited to areas where it is essential to
establish and maintain required vegetation or when an agricultural
outlease contract allows it.
g. Appropriate natural resources conservation measures shall be
included in outlease provisions.
h. Landscaping shall be functional in nature, simple and informal in
design, compatible with adjacent surroundings, and complimentary to the
overall natural setting of the area.
i. Land conditions, soil capability, and erosion status shall be
monitored for all lands subject to disturbance (e.g., maneuver areas,
commercial forest areas, and agricultural outleased areas). The data and
analyses obtained shall be used in planning, environmental analyses, and
decisionmaking at all levels of command.
2. Forest Management
a. DoD forest lands shall be managed for sustained yield of quality
forest products, watershed protection, wildlife habitat, and other uses
that can be made compatible with mission activities.
b. Commercial forestry activities shall be commensurate with
potential financial returns.
c. Forest products shall not be given away, abandoned, carelessly
destroyed, used to offset costs of contracts, or traded for products,
supplies, or services. Forest products may be used for military
training. Individuals may be allowed to collect noncommercial or edible
forest products if that use is addressed in the management plan for the
areas involved. Forest products may be harvested to generate electricity
or heat only if the Military Department's forestry account is paid fair
market value.
d. Planned forest products sales shall continue on land reported as
excess until actual disposal or transfer occurs. When forested areas are
slated to be public parks or used for outdoor recreation, clearcutting
is prohibited. However, thinning, intermediate cuttings, and salvage
cuttings shall be accomplished if the management plan calls for such
activity within the next 5 years. That portion of the proceeds from
sales of land that is attributable to the value of standing timber on
the land sold shall be deposited in the Military Department's forestry
account.
e. Accounting and reporting for the proceeds and costs of the
commercial forestry program are contained in DoD Instruction 7310.5.\3\
Costs associated with management of all forested areas (noncommercial
and commercial) are valid uses of appropriated funds as well as proceeds
from agricultural outleases and forest product sales.
---------------------------------------------------------------------------
\3\ See footnote 2 to paragraph A.5.e.
---------------------------------------------------------------------------
f. When appropriate, natural resources management plans shall
include current forest inventories, conditions, trends, and potential
uses; analysis of soil data for forest potential; goals; protection and
enforcement methods; maintenance of forested areas and access roads;
improvement methods; harvesting and reforestation methods and schedules;
and management for multiple use.
3. Fish and Wildlife Management
a. Lands and waters suitable for management of fish and wildlife
resources shall be managed to conserve wildlife resources for the
benefit of the public. Nongame as well as game species shall be
considered when planning activities.
b. Endangered and threatened species and their habitats shall be
protected and managed according to the Endangered Species Act and
implementing U.S. Fish and Wildlife Service (FWS) regulations and
agreements. Management plans for installations with endangered species
shall include:
(1) Coordinated protection and mitigation measures.
[[Page 756]]
(2) Appropriate affirmative methods and procedures necessary to
enhance the population of endangered species.
(3) Procedures and responsibilities for consulting with the FWS
prior to funding or conducting any action likely to affect a listed
species or its critical habitat.
c. The Sikes Act provides a mechanism whereby the Departments of
Defense and the Interior and host States cooperate to plan, maintain,
and manage fish and wildlife on military installations. Agreement by all
3 parties regarding the fish and wildlife management plan for an
installation makes that plan a cooperative plan pursuant to 16 U.S.C.
670 et seq. A cooperative plan shall be adopted by an installation
commander only after ensuring its compatibility with the rest of the
integrated natural resources management plan.
d. Hunting, fishing, and trapping may be permitted within the
carrying capacity of wildlife habitats. Harvesting of wildlife from DoD
installations or facilities shall be done according to the fish and game
laws of the State or territory in which it is located and under 10
U.S.C. 2671. Special permits shall be issued, in addition to required
State and Federal permits or licenses, for fishing, hunting, or trapping
on DoD property.
e. Hunting, fishing, and trapping fees may be collected under the
authority of the Sikes Act to recover expenses of implementing a
cooperation plan. The same Sikes Act fee shall be charged for a
particular use to all users at a particular installation except senior
citizens, children, and the physically handicapped. Exceptions to this
policy may be granted by the Heads of Military Services. Additional
recreation fees may be collected under policies in DoD Directive 1015.6
\4\ and DoD Instruction 1015.2.\5\
---------------------------------------------------------------------------
\4\ See footnote 2 to paragraph A.5.e.
\5\ See footnote 2 to paragraph A.5.e.
---------------------------------------------------------------------------
f. Criteria and procedures for hunting, fishing, and trapping
permits and fees shall be included in management plans. Fees collected
under the authority of 16 U.S.C. 670 et seq. shall be used only to
defray the costs of the fish and wildlife management program at the
installation collecting the fees. Collected fees shall be accounted for
and reported according to instructions from the Comptroller, Department
of Defense (C, DoD), under a special fund entitled ``Wildlife
Conservation''--X5095. Unobligated balances shall be accumulated with
current fee collections, and the total amount accumulated at an
installation shall be available for obligation as apportioned by the
Office of Management and Budget (OMB).
g. Whenever hunting, fishing, or trapping is allowed on DoD
installations, enforcement of wildlife laws shall be addressed in the
fish and wildlife management plan and carried out by trained enforcement
officials under the direction of or in coordination with the wildlife
manager.
h. The suitability of a military installation for fish and wildlife
management shall be determined after consulting with the FWS and host
State. Each installation shall be classified as one of the following:
(1) Category I--Installations with land and water resources suitable
for fish and wildlife conservation. Each Category I installation shall
maintain a wildlife management plan according to this part.
(2) Category II--Installations that lack adequate land and water
resources for feasible fish and wildlife conservation.
i. The number of users of fish and wildlife resources may be limited
on a daily or seasonal basis. Membership in an organization, including
rod and gun clubs, shall not be a prerequisite for or get priority in
receiving permits.
j. Habitat management is the basic means of improving wildlife
resources. Introduction and reintroduction of species shall occur only
in coordination with appropriate agencies and in accordance with a
cooperative plan. When predator or animal damage control is a necessary
part of natural resources management or mission performance, it shall be
accomplished according to the cooperative plan, relevant laws and
regulations, and in coordination with adjoining land managers.
k. Fish and wildlife conservation shall be considered in all site
feasibility studies and project planning, design, and construction.
Appropriate conservation work and associated funding shall be included
in project proposals and construction contracts and specifications.
l. Priority shall be given to entering into contracts for services
that implement wildlife management or enforce wildlife laws with Federal
and State Agencies with responsibility for wildlife conservation.
m. Where appropriate, natural resources management plans shall
address habitat management and enhancement, current wildlife and fish
inventories and population trends, endangered and other special species
management, game and nongame species management, access policy and user
program, administration of user fee program, law enforcement,
cooperating agencies' responsibilities, and multiple use management.
4. Outdoor Recreation
a. Whenever practicable, DoD lands with suitable resources shall be
managed to conserve and use natural resources for the outdoor recreation
opportunities of present and future generations. The policies and
procedures herein apply to outdoor recreation programs as defined in
Sec. 190.3 and supersedes
[[Page 757]]
those in DoD Directive 1015.6 and DoD Instruction 1015.2.
b. Conservation of outdoor recreation resources shall be considered
in all plans, programs, site feasibility studies, and project planning
and design.
c. Installations having resources suitable for outdoor recreation
other than hunting, fishing, and trapping are encouraged to develop
cooperative agreements or plans with other Federal Agencies and
appropriate State Agencies to facilitate the development and management
of those programs.
d. Public access to DoD properties for outdoor recreation shall be
allowed whenever compatible with public safety and mission activities.
User fees may be collected to recover expenses of managing natural
resources for outdoor recreation, and access quotas may be established
to reflect the carrying capacity of the areas involved. Public outdoor
recreation opportunities shall be equitably distributed by impartial
procedures, such as a first-come, first-served basis or by drawing lots.
When public access must be withheld, that determination shall be
explained in the natural resources management plan.
e. Off-road vehicle use shall be managed to protect natural
resources, promote safety, and avoid conflicts with other uses of DoD
properties. Use of off-road vehicles shall be monitored and evaluated
regularly by natural resources management professionals. All land and
water areas shall be closed to such use unless an environmental impact
analysis in accordance with 32 CFR part 188 has been completed and the
use is specifically approved and regulated. Specific areas that shall
not be used by recreational off-road vehicles are those:
(1) Restricted for security or safety purposes.
(2) Containing fragile geological and soil conditions, flora or
fauna, or other natural characteristics.
(3) With significant archeological, historical, paleontological
resources.
(4) Designated as wilderness or scenic areas.
(5) Where noise would adversely affect other users, wildlife, or
adjacent communities.
f. Whenever appropriate, outdoor recreation plans shall address
inventories, trends, and management of resources suitable for outdoor
recreation; aesthetics; development of opportunities and potential uses;
potential user groups and access policy; user fee program; user ethics
programs; and multiple use management.
5. Special Areas
Areas on DoD installations that contain natural resources that
warrant special conservation efforts shall be identified. After
appropriate study and coordination, such areas may be designated as
Special Interest Areas. Upon such designation, the integrated natural
resources management plan for the installation shall address the special
management necessary for the area.
[54 FR 7539, Feb. 22, 1989. Redesignated and amended at 56 FR 64481,
Dec. 10, 1991]
-----------------------------------------------------------------------
[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR229]
[Page 427-440]
TITLE 32--NATIONAL DEFENSE
CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
PART 229--PROTECTION OF ARCHAEOLOGICAL RESOURCES: UNIFORM REGULATIONS--
Table of Contents
Sec.
229.1 Purpose.
229.2 Authority.
229.3 Definitions.
229.4 Prohibited acts and criminal penalties.
229.5 Permit requirements and exceptions.
229.6 Application for permits and information collection.
229.7 Notification to Indian tribes of possible harm to, or destruction
of, sites on public lands having religious or cultural
importance.
229.8 Issuance of permits.
229.9 Terms and conditions of permits.
229.10 Suspension and revocation of permits.
229.11 Appeals relating to permits.
229.12 Relationship to section 106 of the National Historic
Preservation Act.
229.13 Custody of archaeological resources.
229.14 Determination of archaeological or commercial value and cost of
restoration and repair.
229.15 Assessment of civil penalties.
229.16 Civil penalty amounts.
229.17 Other penalties and rewards.
229.18 Confidentiality of archaeological resource information.
229.19 Report.
229.20 Public awareness programs.
229.21 Surveys and schedules.
Note: The information collection and reporting requirements in this
part were approved by the Office of Management and Budget under control
number 1024-0037.
Authority: Pub. L. 96-95, 93 Stat. 721, as amended, 102 Stat. 2983
(16 U.S.C. 470aa-mm) (Sec. 10(a). Related Authority: Pub. L. 59-209, 34
Stat. 225 (16 U.S.C. 432, 433); Pub. L. 86-523, 74 Stat. 220, 221 (16
U.S.C. 469), as amended, 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat.
915 (16 U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139
(1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987
(1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996).
Source: 49 FR 1027, Jan. 6, 1984, unless otherwise noted.
Sec. 229.1 Purpose.
(a) The regulations in this part implement provisions of the
Archaeological Resources Protection Act of 1979, as amended (16 U.S.C.
470aa-mm) by establishing the uniform definitions, standards, and
procedures to be followed by all Federal land managers in providing
protection for archaeological resources, located on public lands and
Indian lands of the United States. These regulations enable Federal land
managers to protect archaeological resources, taking into consideration
provisions of the American Indian Religious Freedom Act (92 Stat. 469;
42 U.S.C. 1996), through permits authorizing excavation and/or removal
of
[[Page 428]]
archaeological resources, through civil penalties for unauthorized
excavation and/or removal, through provisions for the preservation of
archaeological resource collections and data, and through provisions for
ensuring confidentiality of information about archaeological resources
when disclosure would threaten the archaeological resources.
(b) The regulations in this part do not impose any new restrictions
on activities permitted under other laws, authorities, and regulations
relating to mining, mineral leasing, reclamation, and other multiple
uses of the public lands.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]
Sec. 229.2 Authority.
(a) The regulations in this part are promulgated pursuant to section
10(a) of the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470ii), which requires that the Secretaries of the Interior, Agriculture
and Defense and the Chairman of the Board of the Tennessee Valley
Authority jointly develop uniform rules and regulations for carrying out
the purposes of the Act.
(b) In addition to the regulations in this part, section 10(b) of
the Act (16 U.S.C. 470ii) provides that each Federal land manager shall
promulgate such rules and regulations, consistent with the uniform rules
and regulations in this part, as may be necessary for carrying out the
purposes of the Act.
Sec. 229.3 Definitions.
As used for purposes of this part:
(a) Archaeological resource means any material remains of human life
or activities which are at least 100 years of age, and which are of
archaeological interest.
(1) Of archaeological interest means capable of providing scientific
or humanistic understandings of past human behavior, cultural
adaptation, and related topics through the application of scientific or
scholarly techniques such as controlled observation, contextual
measurement, controlled collection, analysis, interpretation and
explanation.
(2) Material remains means physical evidence of human habitation,
occupation, use, or activity, including the site, location, or context
in which such evidence is situated.
(3) The followiing classes of material remains (and illustrative
examples), if they are at least 100 years of age, are of archaeological
interest and shall be considered archaeological resources unless
determined otherwise pursuant to paragraph (a)(4) or (a)(5) of this
section:
(i) Surface or subsurface structures, shelters, facilities, or
features (including, but not limited to, domestic structures, storage
structures, cooking structures, ceremonial structures, artificial
mounds, earthworks, fortifications, canals, reservoirs, horticultural/
agricultural gardens or fields, bedrock mortars or grinding surfaces,
rock alignments, cairns, trails, borrow pits, cooking pits, refuse pits,
burial pits or graves, hearths, kilns, post molds, wall trenches,
middens);
(ii) Surface or subsurface artifact concentrations or scatters;
(iii) Whole or fragmentary tools, implements, containers, weapons
and weapon projectiles, clothing, and ornaments (including, but not
limited to, pottery and other ceramics, cordage, basketry and other
weaving, bottles and other glassware, bone, ivory, shell, metal, wood,
hide, feathers, pigments, and flaked, ground, or pecked stone);
(iv) By-products, waste products, or debris resulting from
manufacture or use of human-made or natural materials;
(v) Organic waste (including, but not limited to, vegetal and animal
remains, coprolites);
(vi) Human remains (including, but not limited to, bone, teeth,
mummified flesh, burials, cremations);
(vii) Rock carvings, rock paintings, intaglios and other works of
artistic or symbolic representation;
(viii) Rockshelters and caves or portions thereof containing any of
the above material remains;
(ix) All portions of shipwrecks (including, but not limited to,
armaments, apparel, tackle, cargo);
(x) Any portion or piece of any of the foregoing.
[[Page 429]]
(4) The following material remains shall not be considered of
archaeological interest, and shall not be considered to be
archaeological resources for purposes of the Act and this part, unless
found in a direct physical relationship with archaeological resources as
defined in this section:
(i) Paleontological remains;
(ii) Coins, bullets, and unworked minerals and rocks.
(5) The Federal land manager may determine that certain material
remains, in specified areas under the Federal land manager's
jurisdiction, and under specified circumstances, are not or are no
longer of archaeological interest and are not to be considered
archaeological resources under this part. Any determination made
pursuant to this subparagraph shall be documented. Such determination
shall in no way affect the Federal land manager's obligations under
other applicable laws or regulations.
(6) For the disposition following lawful removal or excavations of
Native American human remains and ``cultural items'', as defined by the
Native American Graves Protection and Repatriation Act (NAGPRA; Pub. L.
101-601; 104 Stat. 3050; 25 U.S.C. 3001-13), the Federal land manager is
referred to NAGPRA and its implementing regulations.
(b) Arrowhead means any projectile point which appears to have been
designed for use with an arrow.
(c) Federal land manager means:
(1) With respect to any public lands, the secretary of the
department, or the head of any other agency or instrumentality of the
United States, having primary management authority over such lands,
including persons to whom such management authority has been officially
delegated;
(2) In the case of Indian lands, or any public lands with respect to
which no department, agency or instrumentality has primary management
authority, such term means the Secretary of the Interior;
(3) The Secretary of the Interior, when the head of any other agency
or instrumentality has, pursuant to section 3(2) of the Act and with the
consent of the Secretary of the Interior, delegated to the Secretary of
the Interior the responsibilities (in whole or in part) in this part.
(d) Public lands means:
(1) Lands which are owned and administered by the United States as
part of the national park system, the national wildlife refuge system,
or the national forest system; and
(2) All other lands the fee title to which is held by the United
States, except lands on the Outer Continental Shelf, lands under the
jurisdiction of the Smithsonian Institution, and Indian lands.
(e) Indian lands means lands of Indian tribes, or Indian
individuals, which are either held in trust by the United States or
subject to a restriction against alienation imposed by the United
States, except for subsurface interests not owned or controlled by an
Indian tribe or Indian individual.
(f) Indian tribe as defined in the Act means any Indian tribe, band,
nation, or other organized group or community, including any Alaska
village or regional or village corporation as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688). In
order to clarify this statutory definition for purposes of this part,
``Indian tribe'' means:
(1) Any tribal entity which is included in the annual list of
recognized tribes published in the Federal Register by the Secretary of
the Interior pursuant to 25 CFR part 54;
(2) Any other tribal entity acknowledged by the Secretary of the
Interior pursuant to 25 CFR part 54 since the most recent publication of
the annual list; and
(3) Any Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (85 Stat. 688), and any Alaska Native village or tribe
which is recognized by the Secretary of the Interior as eligible for
services provided by the Bureau of Indian Affairs.
(g) Person means an individual, corporation, partnership, trust,
institution, association, or any other private entity, or any officer,
employee, agent, department, or instrumentality of the United States, or
of any Indian tribe, or of any State or political subdivision thereof.
[[Page 430]]
(h) State means any of the fifty states, the District of Columbia,
Puerto Rico, Guam, and the Virgin Islands.
(i) Act means the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa-mm).
[49 FR 1027, Jan. 6, 1984, as amended at 49 FR 5923, Feb. 16, 1984; 60
FR 5260, Jan. 26, 1995]
Sec. 229.4 Prohibited acts and criminal penalties.
(a) Under section 6(a) of the Act, no person may excavate, remove,
damage, or otherwise alter or deface, or attempt to excavate, remove,
damage, or otherwise alter or deface any archaeological resource located
on public lands or Indian lands unless such activity is pursuant to a
permit issued under Sec. 229.8 or exempted by Sec. 229.5(b) of this
part.
(b) No person may sell, purchase, exchange, transport, or receive
any archaeological resource, if such resource was excavated or removed
in violation of:
(1) The prohibitions contained in paragraph (a) of this section; or
(2) Any provision, rule, regulation, ordinance, or permit in effect
under any other provision of Federal law.
(c) Under section (d) of the Act, any person who knowingly violates
or counsels, procures, solicits, or employs any other person to violate
any prohibition contained in section 6 (a), (b), or (c) of the Act will,
upon conviction, be fined not more than $10,000.00 or imprisoned not
more than one year, or both: provided, however, that if the commercial
or archaeological value of the archaeological resources involved and the
cost of restoration and repair of such resources exceeds the sum of
$500.00, such person will be fined not more than $20,000.00 or
imprisoned not more than two years, or both. In the case of a second or
subsequent such violation upon conviction such person will be fined not
more than $100,000.00, or imprisoned not more than five years, or both.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]
Sec. 229.5 Permit requirements and exceptions.
(a) Any person proposing to excavate and/or remove archaeological
resources from public lands or Indian lands, and to carry out activities
associated with such excavation and/or removal, shall apply to the
Federal land manager for a permit for the proposed work, and shall not
begin the proposed work until a permit has been issued. The Federal land
manager may issue a permit to any qualified person, subject to
appropriate terms and conditions, provided that the person applying for
a permit meets conditions in Sec. 229.8(a) of this part.
(b) Exceptions:
(1) No permit shall be required under this part for any person
conducting activities on the public lands under other permits, leases,
licenses, or entitlements for use, when those activities are exclusively
for purposes other than the excavation and/or removal of archaeological
resources, even though those activities might incidentally result in the
disturbance of archaeological resources. General earth-moving excavation
conducted under a permit or other authorization shall not be construed
to mean excavation and/or removal as used in this part. This exception
does not, however, affect the Federal land manager's responsibility to
comply with other authorities which protect archaeological resources
prior to approving permits, leases, licenses, or entitlements for use;
any excavation and/or removal of archaeological resources required for
compliance with those authorities shall be conducted in accordance with
the permit requirements of this part.
(2) No permit shall be required under this part for any person
collecting for private purposes any rock, coin, bullet, or mineral which
is not an archaeological resource as defined in this part, provided that
such collecting does not result in disturbance of any archaelogical
resource.
(3) No permit shall be required under this part or under section 3
of the Act of June 8, 1906 (16 U.S.C. 432), for the excavation or
removal by any Indian tribe or member thereof of any archaeological
resource located on Indian lands of such Indian tribe, except that in
the absence of tribal law regulating the excavation or removal or
archaeological resources on Indian lands, an
[[Page 431]]
individual tribal member shall be required to obtain a permit under this
part;
(4) No permit shall be required under this part for any person to
carry out any archaeological activity authorized by a permit issued
under section 3 of the Act of June 8, 1906 (16 U.S.C. 432), before the
enactment of the Archaeological Resources Protection Act of 1979. Such
permit shall remain in effect according to its terms and conditions
until expiration.
(5) No permit shall be required under section 3 of the Act of June
8, 1906 (16 U.S.C. 432) for any archaeological work for which a permit
is issued under this part.
(c) Persons carrying out official agency duties under the Federal
land manager's direction, associated with the management of
archaeological resources, need not follow the permit application
procedures of Sec. 229.6. However, the Federal land manager shall insure
that provisions of Sec. 229.8 and Sec. 229.9 have been met by other
documented means, and that any official duties which might result in
harm to or destruction of any Indian tribal religious or cultural site,
as determined by the Federal land manager, have been the subject of
consideration under Sec. 229.7.
(d) Upon the written request of the Governor of any State, on behalf
of the State or its educational institutions, the Federal land manager
shall issue a permit, subject to the provisions of Secs. 229.5(b)(5),
229.7, 229.8(a)(3), (4), (5), (6), and (7), 229.9, 229.10, 229.12, and
229.13(a) to such Governor or to such designee as the Governor deems
qualified to carry out the intent of the Act, for purposes of conducting
archaeological research, excavating and/or removing archaeological
resources, and safeguarding and preserving any materials and data
collected in a university, museum, or other scientific or educational
institution approved by the Federal land manager.
(e) Under other statutory, regulatory, or administrative authorities
governing the use of public lands and Indian lands, authorizations may
be required for activities which do not require a permit under this
part. Any person wishing to conduct on public lands or Indian lands any
activities related to but believed to fall outside the scope of this
part should consult with the Federal land manager, for the purpose of
determining whether any authorization is required, prior to beginning
such activities.
Sec. 229.6 Application for permits and information collection.
(a) Any person may apply to the appropriate Federal land manager for
a permit to excavate and/or remove archaeological resources from public
lands or Indian lands and to carry out activities associated with such
excavation and/or removal.
(b) Each application for a permit shall include:
(1) The nature and extent of the work proposed, including how and
why it is proposed to be conducted, proposed time of performance,
locational maps, and proposed outlet for public written dissemination of
the results.
(2) The name and address of the individual(s) proposed to be
responsible for conducting the work, institutional affiliation, if any,
and evidence of education, training, and experience in accord with the
minimal qualifications listed in Sec. 229.8(a).
(3) The name and address of the individual(s), if different from the
individual(s) named in paragraph (b)(2) of this section, proposed to be
responsible for carrying out the terms and conditions of the permit.
(4) Evidence of the applicant's ability to initiate, conduct, and
complete the proposed work, including evidence of logistical support and
laboratory facilities.
(5) Where the application is for the excavation and/or removal of
archaeological resources on public lands, the names of the university,
museum, or other scientific or educational institution in which the
applicant proposes to store all collections, and copies of records,
data, photographs, and other documents derived from the proposed work.
Applicants shall submit written certification, signed by an authorized
official of the institution, of willingness to assume curatorial
responsibility for the collections, records, data, photographs and other
documents and to safeguard and preserve these materials as property of
the United States.
[[Page 432]]
(6) Where the application is for the excavation and/or removal of
archaeological resources on Indian lands, the name of the university,
museum, or other scientific or educational institution in which the
applicant proposes to store copies of records, data, photographs, and
other documents derived from the proposed work, and all collections in
the event the Indian owners do not wish to take custody or otherwise
dispose of the archaeological resources. Applicants shall submit written
certification, signed by an authorized official of the institution, or
willingness to assume curatorial responsibility for the collections, if
applicable, and/or the records, data, photographs, and other documents
derived from the proposed work.
(c) The Federal land manager may require additional information,
pertinent to land management responsibilities, to be included in the
application for permit and shall so inform the applicant.
(d) Paperwork Reduction Act. The information collection requirement
contained in this section of these regulations has been approved by the
Office of Management and Budget under 44 U.S.C. 3501 et seq. and
assigned clearance number 1024-0037. The purpose of the information
collection is to meet statutory and administrative requirements in the
public interest. The information will be used to assist Federal land
managers in determining that applicants for permits are qualified, that
the work proposed would further archaeological knowledge, that
archaeological resources and associated records and data will be
properly preserved, and that the permitted activity would not conflict
with the management of the public lands involved. Response to the
information requirement is necessary in order for an applicant to obtain
a benefit.
Sec. 229.7 Notification to Indian tribes of possible harm to, or
destruction of, sites on public lands having religious or
cultural importance.
(a) If the issuance of a permit under this part may result in harm
to, or destruction of, any Indian tribal religious or cultural site on
public lands, as determined by the Federal land manager, at least 30
days before issuing such a permit the Federal land manager shall notify
any Indian tribe which may consider the site as having religious or
cultural importance. Such notice shall not be deemed a disclosure to the
public for purposes of section 9 of the Act.
(1) Notice by the Federal land manager to any Indian tribe shall be
sent to the chief executive officer or other designated official of the
tribe. Indian tribes are encouraged to designate a tribal official to be
the focal point for any notification and discussion between the tribe
and the Federal land manager.
(2) The Federal land manager may provide notice to any other Native
American group that is known by the Federal land manager to consider
sites potentially affected as being of religious or cultural importance.
(3) Upon request during the 30-day period, the Federal land manager
may meet with official representatives of any Indian tribe or group to
discuss their interests, including ways to avoid or mitigate potential
harm or destruction such as excluding sites from the permit area. Any
mitigation measures which are adopted shall be incorporated into the
terms and conditions of the permit under Sec. 229.9.
(4) When the Federal land manager detemines that a permit applied
for under this part must be issued immediately because of an imminent
threat of loss or destruction of an archaeological resource, the Federal
land manager shall so notify the appropriate tribe.
(b)(1) In order to identify sites of religious or cultural
importance, the Federal land manager shall seek to identify all Indian
tribes having aboriginal or historic ties to the lands under the Federal
land manager's jurisdiction and seek to determine, from the chief
executive officer or other designated official of any such tribe, the
location and nature of specific sites of religious or cultural
importance so that such information may be on file for land management
purposes. Information on sites eligible for or included in the National
Register of Historic Places may be withheld from public disclosure
pursuant to section 304 of the Act of October 15, 1966, as amended (16
U.S.C. 470w-3).
[[Page 433]]
(2) If the Federal land manager becomes aware of a Native American
group that is not an Indian tribe as defined in this part but has
aboriginal or historic ties to public lands under the Federal land
manager's jurisdiction, the Federal land manager may seek to communicate
with official representatives of that group to obtain information on
sites they may consider to be of religious or cultural importance.
(3) The Federal land manager may enter into agreement with any
Indian tribe or other Native American group for determining locations
for which such tribe or group wishes to receive notice under this
section.
(4) The Federal land manager should also seek to determine, in
consultation with official representatives of Indian tribes or other
Native American groups, what circumstances should be the subject of
special notification to the tribe or group after a permit has been
issued. Circumstances calling for notification might include the
discovery of human remains. When circumstances for special notification
have been determined by the Federal land manager, the Federal land
manager will include a requirement in the terms and conditions of
permits, under Sec. 229.9(c), for permittees to notify the Federal land
manger immediately upon the occurrence of such circumstances. Following
the permittee's notification, the Federal land manager will notify and
consult with the tribe or group as appropriate. In cases involving
Native American human remains and other ``cultural items'', as defined
by NAGPRA, the Federal land manager is referred to NAGPRA and its
implementing regulations.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, 5261, Jan. 26,
1995]
Sec. 229.8 Issuance of permits.
(a) The Federal land manager may issue a permit, for a specified
period of time appropriate to the work to be conducted, upon determining
that:
(1) The applicant is appropriately qualified, as evidenced by
training, education, and/or experience, and possesses demonstrable
competence in archaeological theory and methods, and in collecting,
handling, analyzing, evaluating, and reporting archaeological data,
relative to the type and scope of the work proposed, and also meets the
following minimum qualifications:
(i) A graduate degree in anthropology or archaeology, or equivalent
training and experience;
(ii) The demonstrated ability to plan, equip, staff, organize, and
supervise activity of the type and scope proposed;
(iii) The demonstrated ability to carry research to completion, as
evidenced by timely completion of theses, research reports, or similar
documents;
(iv) Completion of at least 16 months of professional experience
and/or specialized training in archaeological field, laboratory, or
library research, administration, or management, including at least 4
months experience and/or specialized training in the kind of activity
the individual proposes to conduct under authority of a permit; and
(v) Applicants proposing to engage in historical archaeology should
have had at least one year of experience in research concerning
archaeological resources of the historic period. Applicants proposing to
engage in prehistoric archaeology should have had at least one year of
experience in research concerning archaeological resources of the
prehistoric period.
(2) The proposed work is to be undertaken for the purpose of
furthering archaeological knowledge in the public interest, which may
include but need not be limited to, scientific or scholarly research,
and preservation of archaeological data;
(3) The proposed work, including time, scope, location, and purpose,
is not inconsistent with any management plan or established policy,
objectives, or requirements applicable to the management of the public
lands concerned;
(4) Where the proposed work consists of archaelogical survey and/or
data recovery undertaken in accordance with other approved uses of the
public lands or Indian lands, and the proposed work has been agreed to
in writing by the Federal land manager pursuant to section 106 of the
National Historic Preservation Act (16 U.S.C. 470f), paragraphs (a) (2)
and (3) shall be deemed satisfied by the prior approval.
[[Page 434]]
(5) Written consent has been obtained, for work proposed on Indian
lands, from the Indian landowner and the Indian tribe having
jurisdiction over such lands;
(6) Evidence is submitted to the Federal land manager that any
university, museum, or other scientific or educational institution
proposed in the application as the repository possesses adequate
curatorial capability for safeguarding and preserving the archaeological
resources and all associated records; and
(7) The applicant has certified that, not later than 90 days after
the date the final report is submitted to the Federal land manager, the
following will be delivered to the appropriate official of the approved
university, museum, mr other scientific or educational institution,
which shall be named in the permit:
(i) All artifacts, samples, collections, and copies of records,
data, photographs, and other documents resulting from work conducted
under the requested permit where the permit is for the excavation and/or
removal of archaeological resources from public lands.
(ii) All artifacts, samples and collections resulting from work
under the requested permit for which the custody or disposition is not
undertaken by the Indian owners, and copies of records, data,
photographs, and other documents resulting from work conducted under the
requested permit, where the permit is for the excavation and/or removal
of archaeological resources from Indian lands.
(b) When the area of the proposed work would cross jurisdictional
boundaries, so that permit applications must be submitted to more than
one Federal land managers, the Federal land manager shall coordinate the
review and evaluation of applications and the issuance of permits.
[49 FR 1027, Jan. 6, 1984, as amended at 49 FR 5923, Feb. 16, 1984]
Sec. 229.9 Terms and conditions of permits.
(a) In all permits issued, the Federal land manager shall specify:
(1) The nature and extent of work allowed and required under the
permit, including the time, duration, scope, location, and purpose of
the work;
(2) The name of the individual(s) responsible for conducting the
work and, if different, the name of the individual(s) responsible for
carrying out the terms and conditions of the permit;
(3) The name of any university, museum, or other scientific or
educational insitutions in which any collected materials and data shall
be deposited; and
(4) Reporting requirements.
(b) The Federal land manager may specify such terms and conditions
as deemed necessary, consistent with this part, to protect public safety
and other values and/or resources, to secure work areas, to safeguard
other legitimate land uses, and to limit activities incidental to work
authorized under a permit.
(c) The Federal land manager shall include in permits issued for
archaeological work on Indian lands such terms and conditions as may be
requested by the Indian landowner and the Indian tribe having
jurisdiction over the lands, and for archaeological work on public lands
shall include such terms and conditions as may have been developed
pursuant to Sec. 229.7.
(d) Initiation of work or other activities under the authority of a
permit signifies the permittee's acceptance of the terms and conditions
of the permit.
(e) The permittee shall not be released from requirements of a
permit until all outstanding obligations have been satisfied, whether or
not the term of the permit has expired.
(f) The permittee may request that the Federal land manager extend
or modify a permit.
(g) The permittee's performance under any permit issued for a period
greater than 1 year shall be subject to review by the Federal land
manager, at least annually.
Sec. 229.10 Suspension and revocation of permits.
(a) Suspension or revocation for cause. (1) The Federal land manager
may suspend a permit issued pursuant to this part upon determining that
the permittee has failed to meet any of the terms and conditions of the
permit or has violated any prohibition of the Act or Sec. 229.4. The
Federal land manager
[[Page 435]]
shall provide written notice to the permittee of the suspension, the
cause thereof, and the requirements which must be met before the
suspension will be removed.
(2) The Federal land manager may revoke a permit upon assessment of
a civil penalty under Sec. 229.15 upon the permittee's conviction under
section 6 of the Act, or upon determining that the permittee has failed
after notice under this section to correct the situation which led to
suspension of the permit.
(b) Suspension or revocation for management purposes. The Federal
land manager may suspend or revoke a permit, without liability to the
United States, its agents, or employees, when continuation of work under
the permit would be in conflict with management requirements not in
effect when the permit was issued. The Federal land manager shall
provide written notice to the permittee stating the nature of and basis
for the suspension or revocation.
[49 FR 1027, Jan. 6, 1984, as amended at 49 FR 5923, Feb. 16, 1984]
Sec. 229.11 Appeals relating to permits.
Any affected person may appeal permit issuance, denial of permit
issuance, suspension, revocation, and terms and conditions of a permit
through existing administrative appeal procedures, or through procedures
which may be established by the Federal land manager pursuant to section
10(b) of the Act and this part.
Sec. 229.12 Relationship to section 106 of the National Historic
Preservation Act.
Issuance of a permit in accordance with the Act and this part does
not constitute an undertaking requiring compliance with section 106 of
the Act of October 15, 1966 (16 U.S.C. 470f). However, the mere issuance
of such a permit does not excuse the Federal land manager from
compliance with section 106 where otherwise required.
Sec. 229.13 Custody of archaeological resources.
(a) Archaeological resources excavated or removed from the public
lands remain the property of the United States.
(b) Archaeological resources excavated or removed from Indian lands
remain the property of the Indian or Indian tribe having rights of
ownership over such resources.
(c) The Secretary of the Interior may promulgate regulations
providing for the exchange of archaeological resources among suitable
universities, museums, or other scientific or educational institutions,
for the ultimate disposition of archaeological resources, and for
standards by which archaeological resources shall be preserved and
maintained, when such resources have been excavated or removed from
public lands and Indian lands.
(d) In the absence of regulations referenced in paragraph (c) of
this section, the Federal land manager may provide for the exchange of
archaeological resources among suitable universities, museums, or other
scientific or educational institutions, when such resources have been
excavated or removed from public lands under the authority of a permit
issued by the Federal land manager.
(e) Notwithstanding the provisions of paragraphs (a) through (d) of
this section, the Federal land manager will follow the procedures
required by NAGPRA and its implementing regulations for determining the
disposition of Native American human remains and other ``cultural
items'', as defined by NAGPRA, that have been excavated, removed, or
discovered on public lands.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, 5261, Jan. 26,
1995]
Sec. 229.14 Determination of archaeological or commercial value and
cost of restoration and repair.
(a) Archaeological value. For purposes of this part, the
archaeological value of any archaeological resource involved in a
violation of the prohibitions in Sec. 229.4 of this part or conditions
of a permit issued pursuant to this part shall be the value of the
information associated with the archaeological resource. This value
shall be appraised in terms of the costs of the retrieval of the
scientific information which would have been obtainable prior to the
violation. These costs may include, but need
[[Page 436]]
not be limited to, the cost of preparing a research design, conducting
field work, carrying out laboratory analysis, and preparing reports as
would be necessary to realize the information potential.
(b) Commercial value. For purposes of this part, the commercial
value of any archaeological resource involved in a violation of the
prohibitions in Sec. 229.4 of this part or conditions of a permit issued
pursuant to this part shall be its fair market value. Where the
violation has resulted in damage to the archaeological resource, the
fair market value should be determined using the condition of the
archaeological resource prior to the violation, to the extent that its
prior condition can be ascertained.
(c) Cost of restoration and repair. For purposes of this part, the
cost of restoration and repair of archaeological resources damaged as a
result of a violation of prohibitions or conditions pursuant to this
part, shall be the sum of the costs already incurred for emergency
restoration or repair work, plus those costs projected to be necessary
to complete restoration and repair, which may include, but need not be
limited to, the costs of the following:
(1) Reconstruction of the archaeological resource;
(2) Stabilization of the archaeological resource;
(3) Ground contour reconstruction and surface stabilization;
(4) Research necessary to carry out reconstruction or stabilization;
(5) Physical barriers or other protective devices, necessitated by
the disturbance of the archaeological resource, to protect it from
further disturbance;
(6) Examination and analysis of the archaeological resource
including recording remaining archaeological information, where
necessitated by disturbance, in order to salvage remaining values which
cannot be otherwise conserved;
(7) Reinterment of human remains in accordance with religious custom
and State, local, or tribal law, where appropriate, as determined by the
Federal land manager.
(8) Preparation of reports relating to any of the above activities.
Sec. 229.15 Assessment of civil penalties.
(a) The Federal land manager may assess a civil penalty against any
person who has violated any prohibition contained in Sec. 229.4 or who
has violated any term or condition included in a permit issued in
accordance with the Act and this part.
(b) Notice of violation. The Federal land manager shall serve a
notice of violation upon any person believed to be subject to a civil
penalty, either in person or by registered or certified mail (return
receipt requested). The Federal land manager shall include in the
notice:
(1) A concise statement of the facts believed to show a violation;
(2) A specific reference to the provision(s) of this part or to a
permit issued pursuant to this part allegedly violated;
(3) The amount of penalty proposed to be assessed, including any
initial proposal to mitigate or remit where appropriate, or a statement
that notice of a proposed penalty amount will be served after the
damages associated with the alleged violation have been ascertained;
(4) Notification of the right to file a petition for relief pursuant
to paragraph (d) of this section, or to await the Federal land manager's
notice of assessment, and to request a hearing in accordance with
paragraph (g) of this section. The notice shall also inform the person
of the right to seek judicial review of any final administrative
decision assessing a civil penalty.
(c) The person served with a notice of violation shall have 45
calendar days from the date of its service (or the date of service of a
proposed penalty amount, if later) in which to respond. During this time
the person may:
(1) Seek informal discussions with the Federal land manager;
(2) File a petition for relief in accordance with paragraph (d) of
this section;
(3) Take no action and await the Federal land manager's notice of
assessment;
(4) Accept in writing or by payment the proposed penalty, or any
mitigation or remission offered in the notice. Acceptance of the
proposed penalty or mitigation or remission shall be
[[Page 437]]
deemed a waiver of the notice of assessment and of the right to request
a hearing under paragraph (g) of this section.
(d) Petition for relief. The person served with a notice of
violation may request that no penalty be assessed or that the amount be
reduced, by filing a petition for relief with the Federal land manager
within 45 calendar days of the date of service of the notice of
violation (or of a proposed penalty amount, if later). The petition
shall be in writing and signed by the person served with the notice of
violation. If the person is a corporation, the petition must be signed
by an officer authorized to sign such documents. The petition shall set
forth in full the legal or factual basis for the requested relief.
(e) Assessment of penalty. (1) The Federal land manager shall assess
a civil penalty upon expiration of the period for filing a petition for
relief, upon completion of review of any petition filed, or upon
completion of informal discussions, whichever is later.
(2) The Federal land manager shall take into consideration all
available information, including information provided pursuant to
paragraphs (c) and (d) of this section or furnished upon further request
by the Federal land manager.
(3) If the facts warrant a conclusion that no violation has
occurred, the Federal land manager shall so notify the person served
with a notice of violation, and no penalty shall be assessed.
(4) Where the facts warrant a conclusion that a violation has
occurred, the Federal land manager shall determine a penalty amount in
accordance with Sec. 229.16.
(f) Notice of assessment. The Federal land manager shall notify the
person served with a notice of violation of the penalty amount assessed
by serving a written notice of assessment, either in person or by
registered or certified mail (return receipt requested). The Federal
land manager shall include in the notice of assessment:
(1) The facts and conclusions from which it was determined that a
violation did occur;
(2) The basis in Sec. 229.16 for determining the penalty amount
assessed and/or any offer to mitigate or remit the penalty; and
(3) Notification of the right to request a hearing, including the
procedures to be followed, and to seek judicial review of any final
administrative decision assessing a civil penalty.
(g) Hearings. (1) Except where the right to request a hearing is
deemed to have been waived as provided in paragraph (c)(4) of this
section, the person served with a notice of assessment may file a
written request for a hearing with the adjudicatory body specified in
the notice. The person shall enclose with the request for hearing a copy
of the notice of assessment, and shall deliver the request as specified
in the notice of assessment, personally or by registered or certified
mail (return receipt requested).
(2) Failure to deliver a written request for a hearing within 45
days of the date of service of the notice of assessment shall be deemed
a waiver of the right to a hearing.
(3) Any hearing conducted pursuant to this section shall be held in
accordance with 5 U.S.C. 554. In any such hearing, the amount of civil
penalty assessed shall be determined in accordance with this part, and
shall not be limited by the amount assessed by the Federal land manager
under paragraph (f) of this section or any offer of mitigation or
remission made by the Federal land manager.
(h) Final administrative decision. (1) Where the person served with
a notice of violation has accepted the penalty pursuant to paragraph
(c)(4) of this section, the notice of violation shall constitute the
final administrative decision;
(2) Where the person served with a notice of assessment has not
filed a timely request for a hearing pursuant to paragraph (g)(1) of
this section, the notice of assessment shall constitute the final
administrative decision;
(3) Where the person served with a notice of assessment has filed a
timely request for a hearing pursuant to paragraph (g)(1) of this
section, the decision resulting from the hearing or any applicable
administrative appeal therefrom shall constitute the final
administrative decision.
[[Page 438]]
(i) Payment of penalty. (1) The person assessed a civil penalty
shall have 45 calendar days from the date of issuance of the final
administrative decision in which to make full payment of the penalty
assessed, unless a timely request for appeal has been filed with a U.S.
District Court as provided in section 7(b)(1) of the Act.
(2) Upon failure to pay the penalty, the Federal land manager may
request the Attorney General to institute a civil action to collect the
penalty in a U.S. District Court for any district in which the person
assessed a civil penalty is found, resides, or transacts business. Where
the Federal land manager is not represented by the Attorney General, a
civil action may be initiated directly by the Federal land manager.
(j) Other remedies not waived. Assessment of a penalty under this
section shall not be deemed a waiver of the right to pursue other
available legal or administrative remedies.
Sec. 229.16 Civil penalty amounts.
(a) Maximum amount of penalty. (1) Where the person being assessed a
civil penalty has not committed any previous violation of any
prohibition in Sec. 229.4 or of any term or condition included in a
permit issued pursuant to this part, the maximum amount of the penalty
shall be the full cost of restoration and repair of archaeological
resources damaged plus the archaeological or commercial value of
archaeological resources destroyed or not recovered.
(2) Where the person being assessed a civil penalty has committed
any previous violation of any prohibition in Sec. 229.4 or of any term
or condition included in a permit issued pursuant to this part, the
maximum amount of the penalty shall be double the cost of restoration
and repair plus double the archaeological or commercial value of
archaeological resources destroyed or not recovered.
(3) Violations limited to the removal of arrowheads located on the
surface of the ground shall not be subject to the penalties prescribed
in this section.
(b) Determination of penalty amount, mitigation, and remission. The
Federal land manager may assess a penalty amount less than the maximum
amount of penalty and may offer to mitigate or remit the penalty.
(1) Determination of the penalty amount and/or a proposal to
mitigate or remit the penalty may be based upon any of the following
factors:
(i) Agreement by the person being assessed a civil penalty to return
to the Federal land manager archaeological resources removed from public
lands or Indian lands;
(ii) Agreement by the person being assessed a civil penalty to
assist the Federal land manager in activity to preserve, restore, or
otherwise contribute to the protection and study of archaeological
resources on public lands or Indian lands;
(iii) Agreement by the person being assessed a civil penalty to
provide information which will assist in the detection, prevention, or
prosecution of violations of the Act or this part;
(iv) Demonstration of hardship or inability to pay, provided that
this factor shall only be considered when the person being assessed a
civil penalty has not been found to have previously violated the
regulations in this part;
(v) Determination that the person being assessed a civil penalty did
not willfully commit the violation;
(vi) Determination that the proposed penalty would constitute
excessive punishment under the circumstances;
(vii) Determination of other mitigating circumstances appropriate to
consideration in reaching a fair and expeditious assessment.
(2) When the penalty is for a violation on Indian lands, the Federal
land manager shall consult with and consider the interests of the Indian
landowner and the Indian tribe having jurisdiction over the Indian lands
prior to proposing to mitigate or remit the penalty.
(3) When the penalty is for a violation which may have had an effect
on a known Indian tribal religious or cultural site on public lands, the
Federal land manager should consult with and consider the interests of
the affected tribe(s) prior to proposing to mitigate or remit the
penalty.
[49 FR 1027, Jan. 6, 1984, as amended at 52 FR 47721, Dec. 16, 1987]
[[Page 439]]
Sec. 229.17 Other penalties and rewards.
(a) Section 6 of the Act contains criminal prohibitions and
provisions for criminal penalties. Section 8(b) of the Act provides that
archaeological resources, vehicles, or equipment involved in a violation
may be subject to forfeiture.
(b) Section 8(a) of the Act provides for rewards to be made to
persons who furnish information which leads to conviction for a criminal
violation or to assessment of a civil penalty. The Federal lald manager
may certify to the Secretary of the Treasury that a person is eligible
to receive payment. Officers and employees of Federal, State, or local
government who furnish information or render service in the performance
of their official duties, and persons who have provided information
under Sec. 229.16(b)(1)(iii) shall not be certified eligible to receive
payment of rewards.
(c) In cases involving Indian lands, all civil penalty monies and
any item forfeited under the provisions of this section shall be
transferred to the appropriate Indian or Indian tribe.
Sec. 229.18 Confidentiality of archaeological resource information.
(a) The Federal land manager shall not make available to the public,
under subchapter II of chapter 5 of title 5 of the U.S. Code or any
other provision of law, information concerning the nature and location
of any archaeological resource, with the following exceptions:
(1) The Federal land manager may make information available,
provided that the disclosure will further the purposes of the Act and
this part, or the Act of June 27, 1960, as amended (16 U.S.C. 469-469c),
without risking harm to the archaeological resource or to the site in
which it is located.
(2) The Federal land manager shall make information available, when
the Governor of any State has submitted to the Federal land manager a
written request for information, concerning the archaeological resources
within the requesting Governor's State, provided that the request
includes:
(i) The specific archaeological resource or area about which
information is sought;
(ii) The purpose for which the information is sought; and
(iii) The Governor's written commitment to adequately protect the
confidentiality of the information.
[49 FR 1027, Jan. 6, 1984, as amended at 49 FR 5923, Feb. 16, 1984]
Sec. 229.19 Report.
(a) Each Federal land manager, when requested by the Secretary of
the Interior, will submit such information as is necessary to enable the
Secretary to comply with section 13 of the Act and comprehensively
report on activities carried out under provisions of the Act.
(b) The Secretary of the Interior will include in the annual
comprehensive report, submitted to the Committee on Interior and Insular
Affairs of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States Senate
under section 13 of the Act, information on public awareness programs
submitted by each Federal land manager under Sec. 229.20(b). Such
submittal will fulfill the Federal land manager's responsibility under
section 10(c) of the Act to report on public awareness programs.
(c) The comprehensive report by the Secretary of the Interior also
will include information on the activities carried out under section 14
of the Act. Each Federal land manager, when requested by the Secretary,
will submit any available information on surveys and schedules and
suspected violations in order to enable the Secretary to summarize in
the comprehensive report actions taken pursuant to section 14 of the
Act.
[60 FR 5260, 5261, Jan. 26, 1995]
Sec. 229.20 Public awareness programs.
(a) Each Federal land manager will establish a program to increase
public awareness of the need to protect important archaeological
resources located on public and Indian lands. Educational activities
required by section 10(c) of the Act should be incorporated into other
current agency public education and interpretation programs where
appropriate.
(b) Each Federal land manager annually will submit to the Secretary
of the
[[Page 440]]
Interior the relevant information on public awareness activities
required by section 10(c) of the Act for inclusion in the comprehensive
report on activities required by section 13 of the Act.
[60 FR 5260, 5261, Jan. 26, 1995]
Sec. 229.21 Surveys and schedules.
(a) The Secretaries of the Interior, Agriculture, and Defense and
the Chairman of the Board of the Tennessee Valley Authority will develop
plans for surveying lands under each agency's control to determine the
nature and extent of archaeological resources pursuant to section 14(a)
of the Act. Such activities should be consistent with Federal agency
planning policies and other historic preservation program
responsibilities required by 16 U.S.C. 470 et seq. Survey plans prepared
under this section will be designed to comply with the purpose of the
Act regarding the protection of archaeological resources.
(b) The Secretaries of the Interior, Agriculture, and Defense and
the Chairman of the Tennessee Valley Authority will prepare schedules
for surveying lands under each agency's control that are likely to
contain the most scientifically valuable archaeological resources
pursuant to section 14(b) of the Act. Such schedules will be developed
based on objectives and information identified in survey plans described
in paragraph (a) of this section and implemented systematically to cover
areas where the most scientifically valuable archaeological resources
are likely to exist.
(c) Guidance for the activities undertaken as part of paragraphs (a)
through (b) of this section is provided by the Secretary of the
Interior's Standards and Guidelines for Archeology and Historic
Preservation.
(d) Other Federal land managing agencies are encouraged to develop
plans for surveying lands under their jurisdictions and prepare
schedules for surveying to improve protection and management of
archaeological resources.
(e) The Secretaries of the Interior, Agriculture, and Defense and
the Chairman of the Tennessee Valley Authority will develop a system for
documenting and reporting suspected violations of the various provisions
of the Act. This system will reference a set of procedures for use by
officers, employees, or agents of Federal agencies to assist them in
recognizing violations, documenting relevant evidence, and reporting
assembled information to the appropriate authorities. Methods employed
to document and report such violations should be compatible with
existing agency reporting systems for documenting violations of other
appropriate Federal statutes and regulations. Summary information to be
included in the Secretary's comprehensive report will be based upon the
system developed by each Federal land manager for documenting suspected
violations.
[60 FR 5260, 5261, Jan. 26, 1995]
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[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR248]
[Page 595-597]
TITLE 32--NATIONAL DEFENSE
CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
PART 248_DEPARTMENT OF DEFENSE PERIODICALS--Table of Contents
Sec.
248.1 Purpose.
248.2 Applicability and scope.
248.3 Definitions.
248.4 Policy.
248.5 Authorities and responsibilities.
248.6 Funding.
Authority: 5 U.S.C. 301.
Source: 43 FR 8137, Feb. 28, 1978, unless otherwise noted.
Sec. 248.1 Purpose.
This part established Department of Defense policies, criteria, and
controls that govern the publication of DoD periodicals.
Sec. 248.2 Applicability and scope.
(a) The provisions of this part apply to the Office of the Secretary
of Defense, the Military Departments, the Organization of the Joint
Chiefs of Staff, the Unified and Specified Commands, and the Defense
Agencies, hereafter referred to as ``DoD Components.''
(b) This Directive does not encompass Armed Forces newspapers and
civilian enterprise publications as defined in 32 CFR part 202; manuals,
pamphlets, directives, instructions, regulations, opinions, decisions,
official notices, circulars, reports, internal information bulletins
issued by a DoD Component headquarters; and primarily (75 percent or
more) statistical materials.
Sec. 248.3 Definitions.
(a) Periodicals within the purview of this part are: Any classified
or unclassified DoD magazine or newsletter-type publication published at
regular intervals, at least semiannually, for the purpose of
disseminating information and material necessary to the issuing
activity, with a continuing policy as to format, content, and purpose.
Periodicals are nondirective in nature and are usually published to
inform and motivate DoD personnel, increase their knowledge, or improve
their performance.
(b) Classes of periodicals are:
(1) Class I: Total annual cost is $20,000, or more.
(2) Class II: Total annual cost is less than $20,000, but more than
$5,000.
(3) Class III: Total annual cost is $5,000, or less.
(c) The term ``DoD personnel'' refers to military and civilian
members of the DoD Components.
Sec. 248.4 Policy.
(a) General. (1) Each DoD Component proposing to publish a DoD
periodical
[[Page 596]]
shall conduct an evaluation to determine whether or nor the periodical
should be established. The determination should be based on the
following:
(i) The periodical must serve a clearly defined purpose in support
of the mission of the publishing DoD Component.
(ii) The purpose to be served must justify the cost.
(iii) High standards of editorial quality, accuracy, and good taste
must be maintained.
(iv) A periodical is the necessary medium of communication between
the publishing activity and its intended readership.
(v) Equivalent periodicals serving the same, or substantially the
same, purpose do not exist.
(vi) The potential readership can be specified clearly.
(vii) The periodical can be distributed efficiently and economically
to the intended readerdship.
(viii) The nature, amount, and assured sources of information to be
disseminated justify the foremat, production, specifications, and
frequency of issue.
(ix) Adequate resources are available to produce the periodical.
Current or estimated costs are consistent with the periodical's
objectives.
(x) The periodical has current applicability and is consonant with
existing law and DoD policies.
(2) All personnel responsible for publishing DoD periodicals shall
comply with the provisions of the current edition of the Government
Printing and Binding Regulations \1\ and OMB Circular No. A-3.\2\
---------------------------------------------------------------------------
\1\ Copies available from Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402.
\2\ Copies available from the Office of Management and Budget
(Publications) New Executive Office building, 726 Jackson Place NW.,
Washington, DC 20503.
---------------------------------------------------------------------------
(3) DoD periodicals shall not carry partisan political compaign
articles, editorials, or advertisement.
(4) No appropriated or nonappropriated funds may be used to defray
publishing costs of a non-DoD periodical published by a private firm,
corporation, individual, or organization.
(5) DoD personnel may not be assigned to serve on the editorial,
production, or business staffs of a non-DoD periodical that is published
by a private firm, corporation, individual, or organization.
(6) Editors of DoD periodicals will conform to applicable
regulations, laws involving libel and copyright, and postal regulations.
(7) Dissemination of DoD statistical information in any periodical
shall comply with the provisions of DoD Directive 5000.20.\3\
---------------------------------------------------------------------------
\3\ Filed as part of original. Copies may be obtained, if needed,
from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue,
Philadelphia, Pa. 19120. Attention: Code 301.
---------------------------------------------------------------------------
(b) Elimination of duplication. (1) To eliminate duplication,
periodicals dealing with common subject areas shall be published along
DoD-wide functional lines, rather than individual Component lines.
(2) No DoD Component shall be required to contribute to a
consolidated common-use periodical more of its resources than it expends
in publishing a related single-Component periodical.
Sec. 248.5 Authorities and responsibilities.
(a) The Assistant Secretary of Defense (Public Affairs) shall:
(1) Establish, and ensure compliance with, supplemental policies,
standards, and controls governing the publication of DoD periodicals.
(2) Evaluate the effectiveness of DoD Component policies, standards,
and controls that relate to DoD periodicals, and effect such changes as
may be warranted.
(3) Institute programs, in conjunction with the DoD Components, for
the purpose of increasing the proficiency of editorial personnel in
editorial writing, periodical production, management, and cost
effectiveness.
(4) Establish a research resource to:
(i) Provide professional guidance to DoD Components in the conduct
of mass communications research.
(ii) Evaluate completed research.
(iii) Coordinate periodical research within the DoD Components.
(5) In coordination with the DoD Components concerned, examine the
[[Page 597]]
apparent duplication of periodicals and direct the elimination of those
found to be duplicative or of marginal value. (See Sec. 248.4(b).)
(b) The Head of each DoD Component shall designate an office to
monitor the Component's internal periodicals, and:
(1) Conduct a coordinated review of its standards for publication,
distribution, evaluation, review and approval;
(2) Maintain a current inventory of its periodicals; and
(3) Submit such reports as may be required by the ASD(PA).
Sec. 248.6 Funding.
DoD periodicals will be financed within available appropriated or
nonappropriated funds and will be produced as economically as possible,
consistent with the need for efficient communication (See DoD
Instruction 7041.3. \4\) Funding will be in accordance with established
management practices of the DoD Component concerned.
-----------------------------------------------------------------------
\4\ See footnote 1 to Sec. 248.4(a)(2).
-----------------------------------------------------------------------
-----------------------------------------------------------------------
[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR252]
[Page 610-612]
TITLE 32--NATIONAL DEFENSE
CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
PART 252_DEPARTMENT OF DEFENSE OFFSHORE MILITARY ACTIVITIES PROGRAM
--Table of Contents
Sec.
252.1 Reissuance and purpose.
252.2 Applicability and scope.
252.3 Definitions.
252.4 Policy.
252.5 Responsibilities.
Authority: 5 U.S.C. 301.
Source: 52 FR 39222, Oct. 21, 1987, unless otherwise noted.
Sec. 252.1 Reissuance and purpose.
This part reissues 32 CFR part 252 to update policies and procedures
for the use of offshore areas by the Department of Defense. It shall
serve as the basis for a comprehensive Offshore Military Activities
Program.
Sec. 252.2 Applicability and scope.
This part:
(a) Applies to the Office of the Secretary of Defense (OSD), the
Military Departments (including their National Guard and Reserve
components), the Organization of the Joint Chiefs of Staff (OJCS), and
the Defense Agencies (hereafter referred to collectively as ``DoD
Components'').
(b) Concerns the use of offshore areas for military purposes. It
does not limit the responsibilities of the Secretary of the Navy
assigned under 33 U.S.C. 1101 et seq.
Sec. 252.3 Definitions.
Offshore areas. The submerged land areas defined in 43 U.S.C. 1301
et seq. and 43 U.S.C. 1331 et seq. and the adjacent waters affected by
the use of those submerged lands.
Offshore Military Activities Program. The program established to
implement DoD policies and procedures for those activities, operations,
and installations that require an offshore environment and that may
impact on offshore areas.
[[Page 611]]
Outer Continental Shelf. All submerged lands lying seaward and
outside of the area of lands beneath navigable waters as defined in
section 2 of 43 U.S.C. 1301 et seq., and of which the subsoil and seabed
appertain to the United States and are subject to its jurisdiction and
control.
State-owned Offshore Submerged Lands. Coastal portions of lands
beneath navigable waters, as defined in section 2 of the Submerged Lands
Act.
Sec. 252.4 Policy.
(a) lt is DoD policy to support the principle that lands composing
the Outer Continental Shelf and state-owned offshore areas shall be used
in the best interest of the United States. Therefore, it is DoD policy
for the use of offshore areas to be shared with nonmilitary interests
whenever they can be accommodated.
(b) The Secretaries of Defense and the Interior have agreed on
procedures for resolving conflicts over joint use of offshore areas for
military and mineral exploration or developmental purposes. In carrying
out negotiations with elements of the Department of the Interior (DoI),
the Department of Defense shall be guided by this agreement when
appropriate.
(c) If a coastal state determines that the mineral potential of off-
shore areas being used or proposed to be used for military purposes must
be explored or developed, DoD shall endeavor to accommodate joint
military and commercial use of those areas. If compatible joint use is
not economically or militarily feasible, DoD shall seek agreement with
the coastal state to exclude conflict areas from its leasing program.
Sec. 252.5 Responsibilities.
(a) The Assistant Secretary of Defense (Production and Logistics)
(ASD(P&L)) shall maintain a comprehensive program for the military use
of the offshore environment and provide related direction and policy to
DoD Components.
(b) The Secretary of the Army shall provide notices to the ASD(A&L),
to affected military installations and activities, and to the Director
of the Defense Mapping Agency Hydrographic/Topographic Center of
potential obstructions and hazards to navigation as stated in the Rivers
and Harbors Appropriation Act, of proposed permits for obstructions to
be located on the Outer Continental Shelf under 43 U.S.C. 1331 et seq.,
as amended, and of proposed permits for artificial reefs under the
National Fishing Enhancement Act of 1984 to ensure compatibility with
the Offshore Military Activities Program.
(c) The Secretary of the Navy shall:
(1) Act as DoD Executive Agent for outer continental shelf matters
and carry out responsibilities assigned to the Executive Agent in the
Agreement.
(2) Conduct continuing liaison with DoI, appropriate coastal states,
and the ASD(P&L) to ensure compatibility between the DoD Offshore
Military Activities Program and the related plans and programs of DoI
and coastal states.
(3) lnform concerned DoD Components of new developments in the
DOI's, states', and industry's mineral leasing plans that may affect
present or potential military interests in offshore areas.
(4) Represent the Department of Defense on the Secretary of the
Interior's Outer Continental Shelf Advisory Board.
(d) The Secretary of the Air Force shall, for those offshore areas
under his control, conduct continuing liaison with the DoI and coastal
states and enter into agreements necessary to ensure compatibility
between military activities and relevant plans and programs of the DoI
and coastal states.
(e) Heads of DoD Components shall:
(1) Review proposed DoI's and states' mineral leasing plans and
inform the Executive Agent of proposed activities that could be
incompatible with military missions. When joint use is feasible, the
Heads shall recommend conditions and stipulations that should be imposed
in leases to ensure the integrity of military missions and otherwise
protect the interests of the United States against claims arising out of
damage to property or personal injury.
(2) Establish and maintain lines of communication and coordination
to ensure that the ASD(P&L) and the Executive Agent are fully aware of
plans and programs involving offshore areas.
[[Page 612]]
(3) Review notices referred to in Sec. 252.5(b) and notify the Army
Chief of Engineers if proposed actions are incompatible with offshore
military activities.
(4) Inform the Army Chief of Engineers and the Executive Agent of
any significant change in the status of offshore ranges, restricted
areas, or operating areas.
(5) Comply with the provisions of the Coastal Zone Management Act.
(6) Conduct other activities related to offshore areas as requested
by the ASD(A&L).
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