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.]

----------------------------------------------------------------------------------------------------------------
               Part No.                           Document No.                          Canceled by
----------------------------------------------------------------------------------------------------------------
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]]


-----------------------------------------------------------------------

[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\
---------------------------------------------------------------------------


    \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]


-----------------------------------------------------------------------

[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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