[Title 32 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2020 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 32
National Defense
________________________
Parts 630 to 699
Revised as of July 1, 2020
Containing a codification of documents of general
applicability and future effect
As of July 1, 2020
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 32:
SUBTITLE A--Department of Defense (Continued)
Chapter V--Department of the Army (Continued) 5
Finding Aids:
Table of CFR Titles and Chapters........................ 135
Alphabetical List of Agencies Appearing in the CFR...... 155
List of CFR Sections Affected........................... 165
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 32 CFR 631.1 refers
to title 32, part 631,
section 1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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PAST PROVISIONS OF THE CODE
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``[RESERVED]'' TERMINOLOGY
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What is a proper incorporation by reference? The Director of the
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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and Finding Aids. This volume contains the Parallel Table of Authorities
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
[[Page vii]]
The Federal Register Index is issued monthly in cumulative form.
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the revision dates of the 50 CFR titles.
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2020
[[Page ix]]
THIS TITLE
Title 32--National Defense is composed of six volumes. The parts in
these volumes are arranged in the following order: Parts 1-190, parts
191-399, parts 400-629, parts 630-699, parts 700-799, and part 800 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2020.
The current regulations issued by the Office of the Secretary of
Defense appear in the volumes containing parts 1-190 and parts 191-399;
those issued by the Department of the Army appear in the volumes
containing parts 400-629 and parts 630-699; those issued by the
Department of the Navy appear in the volume containing parts 700-799,
and those issued by the Department of the Air Force, Defense Logistics
Agency, Selective Service System, Office of the Director of National
Intelligence, National Counterintelligence Center, Central Intelligence
Agency, Information Security Oversight Office (National Archives and
Records Administration), National Security Council, Office of Science
and Technology Policy, Office for Micronesian Status Negotiations, and
Office of the Vice President of the United States appear in the volume
containing part 800 to end.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 32--NATIONAL DEFENSE
(This book contains parts 630 to 699)
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SUBTITLE A--Department of Defense (Continued)
Part
chapter v--Department of the Army (Continued)............... 631
Abbreviations Used in This Chapter:
AGCT = Army General Classification Test. AGO = Adjutant General's
Office. APP = Army Procurement Procedure. AR = Army Regulations. ASPR
= Armed Services Procurement Regulations. ATC = Air Transport Command.
A. W. = Articles of War. AWOL = Absent Without Leave. Comp. Gen. =
Comptroller General. OCF = Office, Chief of Finance. ROTC = Reserve
Officer's Training Corps. ZI = Zone of Interior.
[[Page 3]]
Subtitle A--Department of Defense (Continued)
[[Page 5]]
CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
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SUBCHAPTER I--LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
Part Page
630
[Reserved]
631 Armed Forces Disciplinary Control Boards and
off-installation liaison and operations. 7
634 Motor vehicle traffic supervision........... 17
635 Law enforcement reporting................... 52
SUBCHAPTER J--REAL PROPERTY
641-649
[Reserved]
SUBCHAPTER K--ENVIRONMENTAL QUALITY
651 Environmental analysis of Army actions (AR
200-2).................................. 64
652-654
[Reserved]
655 Radiation sources on Army land.............. 130
656-667
[Reserved]
SUBCHAPTER L--ARMY CONTRACTING [RESERVED]
668-699
[Reserved]
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SUBCHAPTER I_LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
PART 630 [RESERVED]
PART 631_ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION
LIAISON AND OPERATIONS--Table of Contents
Subpart A_General
Sec.
631.1 Purpose.
631.2 Applicability.
631.3 Supervision.
631.4 Exceptions.
Subpart B_Armed Forces Disciplinary Control Boards
631.5 General.
631.6 Responsibilities.
631.7 Composition of boards.
631.8 Participation by civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Off-limits establishments and areas.
Subpart C_Off-Installation Operations (Military Patrols and
Investigative Activities) and Policy
631.12 Objectives.
631.13 Applicability.
631.14 Army policy.
631.15 Air Force policy.
631.16 Navy policy.
631.17 Marine Corps policy.
631.18 Operations.
Appendix A to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
Authority: 10 U.S.C. 3012(b)(1)(g).
Source: 70 FR 60729, Oct. 19, 2005, unless otherwise noted.
Subpart A_General
Sec. 631.1 Purpose.
This part prescribes uniform policies and procedures for the
establishment, and operation of the following:
(a) Armed Forces Disciplinary Control Boards (AFDCB).
(b) Off-installation liaison and operations.
Sec. 631.2 Applicability.
This part applies to the following:
(a) Active U.S. Armed Forces personnel of the Army, Air Force, Navy,
and Marine Corps, and the Coast Guard wherever they are stationed.
(b) U.S. Armed Forces Reserve personnel only when they are
performing Federal duties or engaging in activities directly related to
performing a Federal duty or function.
(c) National Guard personnel only when called or ordered to active
duty in a Federal status within the meaning of Title 10, United States
Code.
Sec. 631.3 Supervision.
The following will develop and have staff supervision over AFDCB and
off-installation enforcement policies.
(a) The Office of the Provost Marshal General (OPMG), Headquarters,
Department of the Army (HQDA). This official serves as the proponent for
this part, and has primary responsibility for its content.
(b) U.S. Air Force Director of Security Forces and Force Protection,
Department of the Air Force.
(c) Director, Naval Criminal Investigative Service.
(d) Commandant of the Marine Corps.
(e) Commandant of the Coast Guard.
(f) Installation commanders are authorized to convene joint service
boards within their Army Regulation (AR) 5-9 area of responsibility.
Sec. 631.4 Exceptions.
Requests for exceptions to policies contained in this part will be
forwarded to HQDA (DAPM-MPD-LE), Washington, DC 20310-2800.
Subpart B_Armed Forces Disciplinary Control Boards
Sec. 631.5 General.
AFDCBs may be established by installation, base, or station
commanders to advise and make recommendations to commanders on matters
concerning eliminating conditions, which adversely affect the health,
safety, welfare, morale, and discipline of the Armed Forces.
[[Page 8]]
(a) For the Army, routine off-limits actions must be processed by an
AFDCB following the procedures in Sec. 631.11.
(b) Coast Guard commanders must have written authorization from the
Commandant (G-WP) prior to establishing an AFDCB.
Sec. 631.6 Responsibilities.
(a) Regional Directors of the Army Installation Management Agency,
Air Force commanders, Navy regional commanders, Marine Corps commanders,
and Coast Guard commanders will--
(1) Determine level and degree of participation by subordinate
commanders in joint Service boards, when appropriate.
(2) Resolve differences among subordinate commanders regarding board
areas of responsibility, and the designation of sponsoring commanders.
(3) Evaluate board recommendations, and actions from subordinate
sponsoring commanders.
(4) Forward recommendations to HQDA, OPMG (DAPM-MPD-LE), WASH DC
20310-2800, regarding circumstances that require Service headquarters
action or programs having widespread applicability.
(5) Ensure that subordinate commanders assess the availability of
drug abuse paraphernalia in the vicinity of Department of Defense (DOD)
installations through their AFDCBs, according to DOD Directive 1010.4.
Coast Guard commanders should refer to COMDTINST M1000.6 series, chapter
20, for guidance on Coast Guard substance abuse policies.
(b) Military installation commanders for off-installation
enforcement actions will--
(1) Conduct off-installation operations as authorized by law and
Service policy.
(2) Coordinate off-installation operations with other Service
commanders, as applicable, for uniformity of effort, and economy of
resources.
(3) Assist Federal, State, and local law enforcement agencies within
the limits imposed by law and DOD policy.
(c) Sponsoring commanders will provide administrative support for
AFDCB programs to include the following--
(1) Promulgating implementing directives, and convening the board.
(2) Providing a recorder for the board.
(3) Providing copies of the minutes of board meetings to other
Service commanders who are represented on the board, and to other AFDCBs
as appropriate.
(4) Approving or disapproving the minutes, and recommendations of
the board, and making appropriate distribution, as required.
(5) Publishing lists of ``off-limits'' establishments and areas.
(6) Ensuring that responsible individuals are notified of any
unfavorable actions being contemplated or taken regarding their
establishments per Annex A of appendix A of this part.
(7) Distributing pertinent information to the following--
(i) All units within their jurisdictional area.
(ii) Units stationed in other areas whose personnel frequent their
area of jurisdiction.
(8) Ensuring that procedures are established to inform all Service
personnel, including those who may be visiting or are in a travel
status, of off-limits restrictions in effect within the respective
AFDCB's jurisdictional area.
Sec. 631.7 Composition of boards.
(a) Boards should be structured according to the needs of the
command, with consideration given to including representatives from the
following functional areas--
(1) Law enforcement.
(2) Legal counsel.
(3) Health.
(4) Environmental protection.
(5) Public affairs.
(6) Equal opportunity.
(7) Fire and safety.
(8) Chaplains' service.
(9) Alcohol and drug abuse.
(10) Personnel and community activities.
(11) Consumer affairs.
(b) Sponsoring commanders will designate a board president, and
determine by position which board members will be voting members. Such
designations will be included in a written agreement establishing the
board.
[[Page 9]]
Sec. 631.8 Participation by civil agencies.
(a) Civil agencies or individuals may be invited to board meetings
as observers, witnesses or to provide assistance where they possess
knowledge or information pertaining to problem areas within the board's
jurisdiction.
(b) Announcements and summaries of board results may be provided to
appropriate civil agencies.
Sec. 631.9 Duties and functions of boards.
The AFDCBs will--
(a) Meet as prescribed by appendix A of this part.
(b) Receive reports, and take appropriate action on conditions in
their area of responsibility relating to any of the following--
(1) Disorders and lack of discipline.
(2) Prostitution.
(3) Sexually transmitted disease.
(4) Liquor violations.
(5) Racial and other discriminatory practices.
(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Criminal or illegal activities involving cults or hate groups.
(9) Illicit gambling.
(10) Areas susceptible to terrorist activity.
(11) Unfair commercial or consumer practices.
(12) Other undesirable conditions deemed unsafe which may adversely
affect the health and well being of military personnel or their
families.
(c) Report to all major commanders in the board's area of
responsibility--
(1) Conditions cited in paragraph (b) of this section.
(2) Recommended action as approved by the board's sponsoring
commander.
(d) Coordinate with appropriate civil authorities on problems or
adverse conditions existing in the board's area of jurisdiction.
(e) Make recommendations to commanders in the board's area of
jurisdiction concerning off-installation procedures to prevent or
control undesirable conditions.
Sec. 631.10 Administration.
(a) Commanders are authorized to acquire, report, process, and store
information concerning persons and organizations, whether or not
affiliated with DOD, according to the applicable Service parts of the
sponsoring commander, which--
(1) Adversely affect the health, safety, morale, welfare, or
discipline of service members regardless of status.
(2) Describes crime conducive conditions where there is a direct
Service interest.
(b) Boards will function under the supervision of a president (Sec.
631.7(b)).
(c) Certain expenses incurred by Service members in the course of an
official board investigation or inspection may be reimbursable per
appropriate Service finance parts or instructions. Requests for
reimbursement will be submitted through the sponsoring commander.
(d) Records of board proceedings will be maintained as prescribed by
records management policies, and procedures of the sponsoring
commander's Service.
Sec. 631.11 Off-limits establishments and areas.
(a) The establishment of off-limits areas is a function of Command.
It may be used by commanders to help maintain good order and discipline,
health, morale, safety, and welfare of service members. Off-limits
action is also intended to prevent service members from being exposed to
or victimized by crime-conducive conditions. Where sufficient cause
exists, commanders retain substantial discretion to declare
establishments or areas temporarily off-limits to personnel of their
respective commands in emergency situations. Temporary off-limits
restrictions issued by commanders in an emergency situation will be
acted upon by the AFDCB as a first priority. As a matter of policy, a
change in ownership, management, or name of any off-limits establishment
does not, in and of itself, revoke the off-limits restriction.
(b) Service members are prohibited from entering establishments or
areas declared off-limits according to this part. Violations may subject
the member to disciplinary action per applicable Service parts, and the
Uniform Code of Military Justice (UCMJ). Family members of service
members and others associated with the Service or installation should be
made aware of
[[Page 10]]
off-limits restrictions. As a general policy, these establishments will
not be visited by Service law enforcement personnel unless specifically
determined by the installation commander that visits or surveillance are
warranted.
(c) Prior to initiating AFDCB action, installation commanders will
attempt to correct adverse conditions or situations through the
assistance of civic leaders or officials.
(d) Prior to recommending an off-limits restriction, the AFDCB will
send a written notice (certified mail-return receipt requested) to the
individual or firm responsible for the alleged condition or situation.
The AFDCB will specify in the notice a reasonable time for the condition
or situation to be corrected, along with the opportunity to present any
relevant information to the board. If subsequent investigation reveals
that the responsible person has failed to take corrective action, the
board will recommend the imposition of the off-limits restriction.
(e) A specified time limit will not be established when an off-
limits restriction is invoked. The adequacy of the corrective action
taken by the responsible individual will be the determining factor in
removing an off-limits restriction.
(f) A person whose establishment or area has been declared off-
limits may at any time petition the president of the board to remove the
off-limits restriction. The petition will be in writing and will include
a detailed report of action taken to eliminate the condition or
situation that caused imposition of the restriction. The president of
the AFDCB may direct an investigation to determine the status of
corrective actions noted in the petition. The board will either
recommend removal or continuation of the off-limits restriction to the
local sponsoring commander based on the results of the investigation.
(g) Off-limits procedures to be followed by the boards are in
appendix A of this part. In the United States, off-limits signs will not
be posted on civilian establishments by U.S. military authorities.
(h) In areas Outside of the Continental United States (OCONUS), off-
limits and other AFDCB procedures must be consistent with existing
Status of Forces Agreements (SOFAs).
Subpart C_Off-Installation Operations (Military Patrols and
Investigative Activities) and Policy
Sec. 631.12 Objectives.
The primary objectives of off-installation operations are to--
(a) Render assistance and provide information to Service members.
(b) Preserve the safety, and security of service members.
(c) Preserve good order and discipline among Service members and
reduce off-installation incidents and offenses.
(d) Maintain effective cooperation with civil authorities, and
community leaders.
Sec. 631.13 Applicability.
This subpart is not applicable to the U.S. Coast Guard.
Sec. 631.14 Army policy.
(a) Soldiers, military and/or Department of the Army Civilian (DAC)
police performing off-installation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in the Continental United States (CONUS) and United
States-host nation agreements in areas OCONUS.
(b) Military and/or DAC police assigned to off-installation
operations have the sole purpose of enforcing parts, and orders
pertaining to persons subject to their jurisdiction.
(c) Military and/or DAC police accompanying civilian law enforcement
officers remain directly responsible to, and under the command of, U.S.
Army superiors. Military and DAC police may come to the aid of civilian
law enforcement officers to prevent the commission of a felony or injury
to a civilian law enforcement officer.
(d) Regional Directors of the Army Installation Management Agency
(IMA), Commander, Army Materiel Command (AMC), and Commander, Army Test
and Evaluation Command (ATEC) may authorize subordinate
[[Page 11]]
commanders to establish off-installation operations within the limits
imposed by higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in
CONUS, and United States-host nation agreements in OCONUS areas--
(1) To assist Federal, State, and local law enforcement agencies.
(2) In conjunction with military activities.
(3) To safeguard the health and welfare of Soldiers.
(4) When the type of offenses or the number of Soldiers frequenting
an area is large enough to warrant such operations.
(e) The constraints on the authority of Soldiers and/or DAC police
to act off-Installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS
and United States-host nation agreements in OCONUS areas) and the
specific scope of off-installation operations will be clearly delineated
in all authorizations for off-installation operations. Off-installation
operations will be coordinated with the local installation commander
through the Staff Judge Advocate (SJA), or higher authority, and
appropriate civilian law enforcement agencies.
Sec. 631.15 Air Force policy.
(a) Airmen, military and/or Department of the Air Force Civilian
(DAFC) police performing off-installation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in CONUS and United States-host nation agreements
in areas OCONUS.
(b) Military and/or DAFC police assigned to off-installation
operations have the sole purpose of enforcing parts, and orders
pertaining to persons subject to their jurisdiction.
(c) Military and/or DAFC police accompanying civilian law
enforcement officers remain directly responsible to, and under the
command of, U.S. Air Force superiors. Military and DAFC police may come
to the aid of civilian law enforcement officers to prevent the
commission of a felony or injury to a civilian law enforcement officer.
(d) Air Force commanders may authorize subordinate commanders to
establish off-installation operations within the limits imposed by
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS, and
United States-host nation agreements in OCONUS areas--
(1) To assist Federal, State, and local law enforcement agencies.
(2) In conjunction with military activities.
(3) To safeguard the health and welfare of Airmen.
(4) When the type of offenses or the number of Airmen frequenting an
area is large enough to warrant such operations.
(e) The constraints on the authority of Airmen and/or DAFC police to
act off-installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS and
United States-host nation agreements in OCONUS areas) and the specific
scope of off-installation operations will be clearly delineated in all
authorizations for off-installation operations. Off-installation
operations will be coordinated with the local installation commander
through the Staff Judge Advocate (SJA), or higher authority, and
appropriate civilian law enforcement agencies.
Sec. 631.16 Navy policy.
The following policies apply to off-installation operations--
(a) Article 1630-020, MILPERSMAN revised August 2002, and Navy
Parts, Article 0922 concerning the establishment and operation of a
shore patrol.
(b) In accordance with SECNAV 1620.7A, Navy Absentee Collection
Units collect, and process apprehended absentees and deserters, escort
apprehended absentees, and deserters to their parent commands or to
designated processing activities, escort prisoners between confinement
facilities, and provide liaison with civilian law enforcement
authorities.
(c) Navy personnel will be thoroughly familiar with all applicable
agreements and Implementing standard operating procedures, to include
the constraints of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS
and United States-host nation agreements in OCONUS areas, as applicable.
(d) Within CONUS. (1) Installation Commanders may request authority
[[Page 12]]
from their Regional Commander, to establish off-installation
operations--
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus
Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Naval personnel.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operation.
(2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385) and the specific
scope of the authority will be clearly delineated in all authorizations
for off-installation operations.
(e) Within OCONUS, off-installation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize off-installation operations as required by local conditions
and customs, as long as they are conducted in accordance with applicable
treaties and SOFAs.
(f) Off-installation operations will be coordinated with the local
installation commander through the JAG or higher authority, and local
law enforcement authorities.
(g) Security personnel selected for off-installation operations
must--
(1) Have mature judgment and law enforcement experience.
(2) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United States
Host Nation agreements in OCONUS area, as applicable.
(h) Security personnel accompanying civilian police during off-
installation operations do so only to enforce parts and orders
pertaining to persons subject to their jurisdiction. Security personnel
assigned off-installation operations remain directly responsible to, and
under the command of their Navy superiors when accompanying civilian
police. Security personnel performing such duties may come to the aid of
civilian police in order to prevent the commission of a felony or injury
to a civilian police officer.
(i) Civilian police and court liaison may be established with
concurrence of the Naval Criminal Investigative Service and is
encouraged particularly when the intent is to reduce mishaps.
Sec. 631.17 Marine Corps policy.
(a) Within CONUS. (1) Commanders may request authority from
Headquarters, Marine Corps (Code POS), to establish off-installation
operations--
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus
Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Marines.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operations.
(2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385)) and the specific
scope of the authority will be clearly delineated in all authorizations
for off-installation operations.
(b) Within OCONUS, off-installation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize off-installation operations as required by local conditions
and customs, as long as they are conducted in accordance with applicable
treaties and SOFAs.
(c) Off-installation operations will be coordinated with the local
installation commander through the SJA, or higher authority, and local
law enforcement authorities.
(d) Marines selected for off-installation operations must--
(1) Have mature judgment and law enforcement experience.
(2) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United States-
host nation
[[Page 13]]
agreements in OCONUS areas, as applicable.
(e) Marines accompanying civilian police during off-installation
operations do so only to enforce parts and orders pertaining to persons
subject to their jurisdiction. Marines assigned off-installation
operations remain directly responsible to, and under the command of
their Marine superiors when accompanying civilian police. Marines
performing such duties may come to the aid of civilian police in order
to prevent the commission of a felony or injury to a civilian police
officer.
(f) Procedures for absentee and deserter collection units to accept
an active-duty absentee or deserter from civilian authorities may be
established.
(g) Civilian police and civil court liaison may be established.
Sec. 631.18 Operations.
When an incident of substantial interest to the Service, involving
Service property or affiliated personnel, occurs off-installation, the
Service law enforcement organization exercising area responsibility
will--
(a) Obtain copies of civilian law enforcement reports for processing
or forwarding according to applicable Service parts.
(b) Return apprehended persons to representatives of their Service
as soon as practicable.
Sec. Appendix A to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
A-1. Purpose. This guide prescribes procedures for the
establishment, operation, and coordination of AFDCBs. AFDCB proceedings
are not adversarial in nature.
A-2. Meetings.
a. The board will meet quarterly. The commander establishing the
AFDCB may specify whether the meetings will be open or closed. If not
specified, the decision is at the discretion of the president of the
board. Normally proceedings are closed, but may be opened to the public
when circumstances warrant.
b. Special meetings may be called by the president of the board.
Except by unanimous consent of members present, final action will be
taken only on the business for which the meeting was called.
c. A majority of voting members constitutes a quorum for board
proceedings.
A-3. AFDCB composition. Voting members will be selected per section
631.7.
A-4. Attendance of observers or witnesses.
a. The board may invite individual persons or organization
representatives as witnesses or observers if they are necessary or
appropriate for the conduct of board proceedings. The below listed
authorities may assist in addressing installation or command concerns or
issues.
(1) Federal, State, and local judicial, legislative, and law
enforcement officials.
(2) Housing part and enforcement authorities.
(3) Health, and social service authorities.
(4) Environmental protection authorities.
(5) Alcoholic beverage control authorities.
(6) Equal employment opportunity authorities.
(7) Consumer affairs advocates.
(8) Chamber of Commerce representatives.
(9) Public works or utility authorities.
(10) Local fire marshal, and public safety authorities.
(11) State and local school board or education officials.
(12) Any other representation deemed appropriate by the sponsoring
command such as, news media, union representatives, and so forth.
b. Invited witnesses and observers will be listed in the minutes of
the meeting.
A-5. Appropriate areas for board consideration.
a. Boards will study and take appropriate action on all reports of
conditions considered detrimental to the good order and discipline,
health, morale, welfare, safety, and morals of Armed Forces personnel.
These adverse conditions include, but are not limited to, those
identified in Sec. 631.9.
b. The board will immediately forward to the local commander
reported circumstances involving discrimination based on race, color,
sex, religion, age, or national origin.
A-6. Off-limit procedures.
a. Off-limits restrictions should be invoked only when there is
substantive information indicating that an establishment or area
frequented by Armed Forces personnel presents conditions, which
adversely affect their health, safety, welfare, morale, or morals. It is
essential that boards do not act arbitrarily. Actions must not be of a
punitive nature. Boards should work in close cooperation with local
officials and proprietors of business establishments, and seek to
accomplish their mission through mutually cooperative efforts. Boards
should encourage personal visits by local military, and civilian
enforcement or health officials to establishments considered below
standard. AFDCBs should point out unhealthy conditions or undesirable
practices to establishment owners
[[Page 14]]
or operators to produce the desired corrective action.
b. In cases involving discrimination, the board should not rely
solely on letters written by the Equal Opportunity Office, and Military
Affairs Committee or investigations of alleged racial discrimination.
c. If the board decides to attempt to investigate or inspect an
establishment, the president or a designee will prepare, and submit a
report of findings, and recommendations at the next meeting. This
procedure will ensure complete, and documented information concerning
questionable adverse conditions.
d. When the board concludes that conditions adverse to Armed Forces
personnel do exist, the owner or manager will be sent a letter of
notification (Annex A). This letter will advise him or her to raise
standards by a specified date, and, if such conditions or practices
continue, off-limits proceedings will be initiated. Any correspondence
with the individuals responsible for adverse conditions, which may lead
to off-limits action, will be by certified mail.
e. If a proprietor takes remedial action to correct undesirable
conditions previously noted the board should send a letter of
appreciation (Annex B) recognizing this cooperation.
f. If undesirable conditions are not corrected, the proprietor will
be invited to appear before the AFDCB to explain why the establishment
should not be placed off-limits (Annex C). Any proprietor may designate
in writing a representative to appear before the board in his or her
behalf.
g. In cases where proprietors have been invited to appear before the
board, the president of the board will perform the following--
(1) Prior to calling the proprietor--
(a) Review the findings and decision of the previous meeting.
(b) Call for inspection reports.
(c) Allow those present to ask questions, and discuss the case.
(2) When the proprietor or his or her representative is called
before the board--
(a) Present the proprietor with a brief summary of the complaint
concerning the establishment.
(b) Afford the proprietor an opportunity to present matters in
defense.
(c) Invite those present to question the proprietor. After the
questioning period, provide the proprietor an opportunity to make a
final statement before being dismissed.
(3) Deliberations on recommended actions will be in closed session,
attended only by board members.
h. The board should recommend an off-limits restriction only after
the following:
(1) The letter of notification (Annex A) has been sent.
(2) An opportunity for the proprietor to appear before the board has
been extended.
(3) Further investigation indicates that improvements have not been
made.
i. The minutes will indicate the AFDCB's action in each case. When a
recommendation is made to place an establishment off-limits, the minutes
will show the procedural steps followed in reaching the decision.
j. Recommendations of the AFDCB will be submitted to the sponsoring
commander for consideration. The recommendations will then be forwarded
to other installation commanders who are represented on the board (Annex
D). If no objection to the recommendations is received within 10 days,
the sponsoring commander will approve or disapprove the recommendations
and forward the decision to the AFDCB president.
k. Upon approval of the AFDCB's recommendations, the president will
write the proprietor that the off-limits restriction has been imposed
(Annex E).
l. A time limit should not be specified when an off-limits
restriction is revoked. The adequacy of the corrective action taken by
the proprietor of the establishment must be the determining factor in
removing the off-limits restriction.
m. Military authorities may not post off-limits signs or notices on
private property.
n. In emergencies, commanders may temporarily declare establishments
or areas off-limits to service members subject to their jurisdiction.
The circumstances for the action will be reported as soon as possible to
the commander sponsoring the board. Detailed justification for this
emergency action will be provided to the board for its deliberations.
o. Appropriate installation commanders will publish a list of off-
limits establishments and areas using command and media channels.
A-7. Removal of off-limits restrictions.
a. Removal of an off-limits restriction requires AFDCB action.
Proprietors of establishments declared off-limits should be advised that
they may appeal to the appropriate AFDCB at any time. In their appeal
they should submit the reason why the restriction should be removed. A
letter of notification for continuance of the off-limits restriction
should be sent to the proprietor if the AFDCB does not remove the off-
limits restriction (Annex F). The proprietor may appeal to the next
higher commander if not satisfied with continuance after exhausting all
appeals at the local sponsoring commander level. Boards should make at
least quarterly inspections of off-limits establishments. A statement
that an inspection has been completed should be included in AFDCB
minutes.
b. When the board learns that the proprietor has taken adequate
corrective measures, the AFDCB will take the following actions:
[[Page 15]]
(1) Discuss the matter at the next meeting and make an appropriate
recommendation.
(2) Forward a recommendation for removal of the off-limits
restriction to the sponsoring commander. If approved, a letter removing
the restriction (Annexes G & H) will be sent to the proprietor.
(3) The minutes will reflect action taken.
A-8. Duties of the AFDCB president.
The president of the AFDCB will--
a. Schedule and preside at all AFDCB meetings.
b. Provide an agenda to each voting member at least 72 hours prior
to the meeting.
c. Ensure records, minutes, and correspondence are prepared,
distributed, and maintained per Sec. 631.10(d).
A-9. Commanders.
The installation commander, and commanders within an AFDCB's area of
responsibility must be thoroughly acquainted with the mission and
services provided by AFDCBs. AFDCB members should keep their respective
commanders informed of command responsibilities pertaining to AFDCB
functions and actions.
A-10. Public affairs.
a. Due to the sensitive nature of the subject matter, there will not
be a media release in connection with AFDCB meetings. However, any AFDCB
proceeding, which is open to the public, will also be open to
representatives of the news media. Representatives of the news media
will be considered observers, and will not participate in matters
considered by the AFDCB. Members of the news media may be invited to
participate in an advisory status in coordination with the public
affairs office.
b. News media interviews and releases will be handled through the
public affairs office according to applicable Service parts.
A-11. Minutes.
a. Minutes will be prepared in accordance with administrative
formats for minutes of meetings prescribed by the Service of the
sponsoring commander (Annex I). The written minutes of AFDCB meetings
will constitute the official record of the AFDCB proceedings. Verbatim
transcripts of board meetings are not required. The reasons for
approving or removing an off-limits restriction, to include a complete
address of the establishment or area involved, should be indicated in
the order of business. In addition, the AFDCB's action will be shown in
the order or sequence of actions taken. A change in the name of an
establishment or areas in an off-limits restriction will also be
included.
b. Distribution of the minutes of AFDCB meetings will be limited to
the following--
(1) Each voting member, sponsoring command, and commands and
installations represented by the board.
(2) Each civilian and military advisory member, if deemed
appropriate.
(3) Civilian and Government agencies within the State in which
member installations are located having an interest in the functions of
the board, if appropriate.
c. AFDCB minutes are subject to release and disclosure in accordance
with applicable Service parts and directives.
d. Minutes and recommendations of the board will be forwarded to the
sponsoring commander for approval.
Annex A--Letter of Notification
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir:
This letter is to inform you that it has come to the attention of
the Armed Forces Disciplinary Control Board (AFDCB) that certain
conditions reported at your establishment may adversely affect the
(health, safety, or welfare) of members of the Armed Forces.
The AFDCB is initiating action to determine whether your
establishment (area) should be placed off-limits to members of the Armed
Forces if (cite conditions) are not corrected by (date).
A representative of the AFDCB will visit your establishment to
determine if steps have been taken to correct the conditions outlined
above.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
(Note: Use certified mail, return receipt requested if mailed.)
Annex B--Letter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir:
This is in reference to my letter of (date) concerning the
condition(s) reported at your establishment which adversely affected the
health and welfare of members of the Armed Forces.
The Board appreciates your action(s) to correct the condition(s)
previously noted and does not contemplate further action with respect to
this specific matter.
Your continued cooperation is solicited.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
[[Page 16]]
Annex C--Letter of Invitation
(Letterhead)
Proprietor
Dear Sir:
This is in reference to my letter of (date) concerning the condition
reported at your establishment which adversely affects the (health,
safety, or welfare) of members of the Armed Forces. Information has been
received by the board which indicates you have not taken adequate
corrective action to eliminate the reported condition.
Reports presented to the Armed Forces Disciplinary Control Board
(AFDCB) indicate (list and describe conditions).
You are advised that the AFDCB will initiate action to determine
whether your establishment should be declared off-limits to members of
the Armed Forces.
You may appear in person, with or without counsel, before the AFDCB
at its next scheduled meeting on (date, time, and place). At that time
you will have the opportunity to refute the allegation(s), or to inform
the board of any remedial action(s) you have taken or contemplate taking
to correct the condition. It is requested that you inform the President,
of the AFDCB if you plan to attend.
Any questions regarding this matter may be addressed to the
President, Armed Forces Disciplinary Control Board, (address). Every
effort will be made to clarify the matter for you.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
(Note: Send certified mail, return receipt requested if mailed.)
Annex D--AFDCB Off-Limits Approval Letter
(Letterhead)
Office Symbol
MEMORANDUM FOR (Commanders of Supported Installations)
SUBJECT: Establishments or Areas Recommended for Off-Limits Designation
1. On (date), the Armed Forces Disciplinary Control Board (AFDCB)
recommended imposition of the following off-limits restrictions: (name
and address of establishment)
2. Commanders furnishing AFDCB representatives are requested to
provide any comments within 10 days as to whether (name of establishment
or area) should be placed off-limits.
3. A copy of the AFDCB minutes and recommendation is enclosed.
FOR THE (SPONSORING) COMMANDER:
Encl
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex E--Letter of Declaration of Off-Limits
Proprietor
Dear Sir:
This letter is to inform you that your establishment has been
declared off-limits to members of the Armed Forces effective (date).
Members of the Armed Forces are prohibited from entering your
establishment (premises) as long as this order is in effect. This action
is being taken because of (state the conditions) which are detrimental
to the (health or welfare) of members of the Armed Forces.
This restriction will remain in effect indefinitely in accordance
with established Armed Forces policy. Removal of the restriction will be
considered by the Armed Forces Disciplinary Control Board upon
presentation of information that satisfactory corrective action has been
taken.
Correspondence appealing this action may be submitted to the
President, Armed Forces Disciplinary Control Board, (cite address).
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex F--AFDCB Letter of Notification of Continuance of Off-Limits
Restrictions After Appearance before the AFDCB
(Letterhead)
Proprietor
Dear Sir:
The Armed Forces Disciplinary Control Board (AFDCB) did not
favorably consider your request for removal of the off-limits
restriction now in effect at your establishment.
This decision does not preclude further appeals or appearances
before the AFDCB at any of its scheduled meetings. Correspondence
pertaining to this matter should be addressed to the President, Armed
Forces Disciplinary Control Board, (cite address).
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex G--AFDCB Letter of Removal of Off-Limits Restriction
(Letterhead)
Proprietor
[[Page 17]]
Dear Sir:
This letter is to inform you that the off-limits restriction against
(name of establishment) is removed effective (date). Members of the
Armed Forces are permitted to patronize your establishment as of that
date.
The corrective actions taken in response to the concerns of the
Armed Forces Disciplinary Control Board are appreciated.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex H--AFDCB Notification of Removal of Off-Limits Restriction
(Letterhead)
Proprietor
Dear Sir:
This letter is to inform you that your request for removal of the
off-limits restriction now in effect at (name of establishment) was
favorably considered by the Armed Forces Disciplinary Control Board
(AFDCB).
This restriction will be removed effective (date). Members of the
Armed Forces will be permitted to patronize your establishment as of
that date.
The corrective actions taken in response to the concerns of the
AFDCB are appreciated.
Sincerely,
John J. Smith,
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex I--Format for AFDCB Meeting Minutes
(Letterhead)
MEMORANDUM FOR
SUBJECT: Armed Forces Disciplinary Control Board
1. Pursuant to authority contained in AR 190-24/AFI 31-213/
OPNAVINST 1620.2A/MCO 1620.2C/and COMDTINST 1620.1D, Armed Forces
Disciplinary Control Boards and Off-Installation Liaison and Operations,
the (area) Armed Forces Disciplinary Control Board convened at (place),
(date)
2. The following voting members were present: (List names, titles,
and addresses.)
3. The following military members were present: (List names, titles,
and addresses.)
4. The following civilian advisory members were present: (List
names, titles, and addresses.)
5. Order of business:
a. Call to order.
b. Welcome.
c. Introduction of members and guests.
d. Explanation of purpose of board.
e. Reading of minutes.
f. Unfinished or continuing business.
g. New business (subparagraph as necessary).
h. Recommendations.
(1) List of areas and establishments being placed in an off-limits
restriction.
Include complete name and address (or adequate description of an
area) of any establishment listed.
(2) List of areas and establishments being removed from off-limits
restrictions. Include complete name and address (or adequate description
of an area) of any establishment listed.
(3) Other matters or problems of mutual concern.
i. Time, date, and place for next board meeting.
j. Adjournment of the board.
(Board Recorder's Name)
(Rank, Branch of Service), Recorder, Armed Forces Disciplinary Control
Board
Approved:
(Board President's Name)
(Rank, Branch of Service) President, Armed Forces Disciplinary Control
Board
(Note: The minutes of the board proceedings will be forwarded by
official correspondence from the board president to the sponsoring
commander for approval of the board's recommendations. By return
endorsement, the sponsoring commander will either approve or disapprove
the board's recommendations.)
PART 634_MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents
Subpart A_Introduction
Sec.
634.1 Purpose.
634.2 References.
634.3 Explanation of abbreviations and terms.
634.4 Responsibilities.
634.5 Program objectives.
Subpart B_Driving Privileges
634.6 Requirements for driving privileges.
634.7 Stopping and inspecting personnel or vehicles.
634.8 Implied consent.
634.9 Suspension or revocation of driving or privately owned vehicle
registration privileges.
634.10 Remedial driver training programs.
634.11 Administrative due process for suspensions and revocations.
634.12 Army administrative actions against intoxicated drivers.
634.13 Alcohol and drug abuse programs.
634.14 Restoration of driving privileges upon acquittal of intoxicated
driving.
634.15 Restricted driving privileges or probation.
[[Page 18]]
634.16 Reciprocal state-military action.
634.17 Extensions of suspensions and revocations.
634.18 Reinstatement of driving privileges.
Subpart C_Motor Vehicle Registration
634.19 Registration policy.
634.20 Privately owned vehicle operation requirements.
634.21 Department of Defense Form 2220.
634.22 Termination or denial of registration.
634.23 Specified consent to impoundment.
Subpart D_Traffic Supervision
634.24 Traffic planning and codes.
634.25 Installation traffic codes.
634.26 Traffic law enforcement principles.
634.27 Speed-measuring devices.
634.28 Traffic accident investigation.
634.29 Traffic accident investigation reports.
634.30 Use of traffic accident investigation report data.
634.31 Parking.
634.32 Traffic violation reports.
634.33 Training of law enforcement personnel.
634.34 Blood alcohol concentration standards.
634.35 Chemical testing policies and procedures.
634.36 Detection, apprehension, and testing of intoxicated drivers.
634.37 Voluntary breath and bodily fluid testing based on implied
consent.
634.38 Involuntary extraction of bodily fluids in traffic cases.
634.39 Testing at the request of the apprehended person.
634.40 General off installation traffic activities.
634.41 Compliance with State laws.
634.42 Civil-military cooperative programs.
Subpart E_Driving Records and the Traffic Point System
634.43 Driving records.
634.44 The traffic point system.
634.45 Point system application.
634.46 Point system procedures.
634.47 Disposition of driving records.
Subpart F_Impounding Privately Owned Vehicles
634.48 General.
634.49 Standards for impoundment.
634.50 Towing and storage.
634.51 Procedures for impoundment.
634.52 Search incident to impoundment based on criminal activity.
634.53 Disposition of vehicles after impoundment.
Subpart G_List of State Driver's License Agencies
634.54 List of State Driver's License Agencies.
Authority: 10 U.S.C. 30112(g); 5 U.S.C. 2951; Pub. L. 89-564; 89-
670; 91-605; and 93-87.
Source: 70 FR 18969, Apr. 12, 2005, unless otherwise noted.
Subpart A_Introduction
Sec. 634.1 Purpose.
(a) This subpart establishes policy, responsibilities, and
procedures for motor vehicle traffic supervision on military
installations in the continental United States (CONUS) and overseas
areas. This includes but is not limited to the following:
(1) Granting, suspending, or revoking the privilege to operate a
privately owned vehicle (POV).
(2) Registration of POVs.
(3) Administration of vehicle registration and driver performance
records.
(4) Driver improvement programs.
(5) Police traffic supervision.
(6) Off-installation traffic activities.
(b) Commanders in overseas areas are authorized to modify these
policies and procedures in the following instances:
(1) When dictated by host nation relationships, treaties, and
agreements.
(2) When traffic operations under military supervision necessitate
measures to safeguard and protect the morale, discipline, and good order
in the Services.
Sec. 634.2 References.
Required and related publications along with prescribed and
referenced forms are listed in Appendix A, AR 190-5.
Sec. 634.3 Explanation of abbreviations and terms.
Abbreviations and special terms used in this subpart are explained
in the Glossary of AR 190-5. It is available on the internet at:
www.usapa.army.mil.
Sec. 634.4 Responsibilities.
(a) Departmental. The Provost Marshal General, Headquarters,
Department of the Army (HQDA); Director, Naval Criminal Investigative
Service,
[[Page 19]]
U.S. Navy (USN); Headquarters, Air Force Security Forces Center;
Headquarters, U.S. Marine Corps (USMC); Staff Director, Command Security
Office, Headquarters, Defense Logistics Agency (DLA), and Chief,
National Guard Bureau will--
(1) Exercise staff supervision over programs for motor vehicle
traffic supervision.
(2) Develop standard policies and procedures that include
establishing an automated records program on traffic supervision.
(3) Maintain liaison with interested staff agencies and other
military departments on traffic supervision.
(4) Maintain liaison with departmental safety personnel on traffic
safety and accident reporting systems.
(5) Coordinate with national, regional, and state traffic officials
and agencies, and actively participate in conferences and workshops
sponsored by the Government or private groups at the national level.
(6) Help organize and monitor police traffic supervision training.
(7) Maintain liaison with the Department of Transportation (DOT) and
other Federal departments and agencies on the National Highway Safety
Program Standards (NHSPS) and programs that apply to U.S. military
traffic supervision.
(8) Participate in the national effort to reduce intoxicated
driving.
(b) All major commanders. Major commanders of the Army, Navy, Air
Force, Marine Corps, and DLA will--
(1) Manage traffic supervision in their commands.
(2) Cooperate with the support programs of state and regional
highway traffic safety organizations.
(3) Coordinate regional traffic supervision activities with other
major military commanders in assigned geographic areas of
responsibility.
(4) Monitor agreements between installations and host state
authorities for reciprocal reporting of suspension and revocation of
driving privileges.
(5) Participate in state and host nation efforts to reduce
intoxicated driving.
(6) Establish awards and recognition programs to recognize
successful installation efforts to eliminate intoxicated driving. Ensure
that criteria for these awards are positive in nature and include more
than just apprehensions for intoxicated driving.
(7) Modify policies and procedures when required by host nation
treaties or agreements.
(c) Major Army commanders. Major Army commanders will ensure
subordinate installations implement all provisions of this part.
(d) Commanding General, U.S. Army Training and Doctrine Command (CG,
TRADOC). The CG, TRADOC will ensure that technical training for
functional users is incorporated into service school instructional
programs.
(e) Installation or activity commander, Director of Military Support
and State Adjutant General. The installation or activity commander (for
the Navy, the term installation shall refer to either the regional
commander or installation commanding officer, whoever has ownership of
the traffic program) will--
(1) Establish an effective traffic supervision program.
(2) Cooperate with civilian police agencies and other local, state,
or federal government agencies concerned with traffic supervision.
(3) Ensure that traffic supervision is properly integrated in the
overall installation traffic safety program.
(4) Actively participate in Alcohol Safety Action Projects (ASAP) in
neighboring communities.
(5) Ensure that active duty Army law enforcement personnel follow
the provisions of AR 190-45 in reporting all criminal violations and
utilize the Centralized Police Operations Suite (COPS) to support
reporting requirements and procedures. Air Force personnel engaged in
law enforcement and adjudication activities will follow the provisions
of AFI 31-203 in reporting all criminal and traffic violations, and
utilized the Security Forces Management Information Systems (SFMIS) to
support reporting requirements and procedures.
(6) Implement the terms of this part in accordance with the
provisions of the Federal Service Labor-Management Relations Statute, 5
U.S.C. Chapter 71.
(7) Revoke driving privileges in accordance with this part.
[[Page 20]]
(f) Installation law enforcement officer. The installation law
enforcement officer will--
(1) Exercise overall staff responsibility for directing, regulating,
and controlling traffic, and enforcing laws and regulations pertaining
to traffic control.
(2) Assist traffic engineering functions at installations by
participating in traffic control studies designed to obtain information
on traffic problems and usage patterns.
(g) Safety officer. Safety officers will participate in and develop
traffic accident prevention initiatives in support of the installation
traffic safety program.
(h) Facility engineer (public works officer at Navy installations).
The facility engineer, engineer officer or civil engineer at Air Force
installations, in close coordination with the law enforcement officer,
will--
(1) Perform that phase of engineering concerned with the planning,
design, construction, and maintenance of streets, highways, and abutting
lands.
(2) Select, determine appropriate design, procure, construct,
install, and maintain permanent traffic and parking control devices in
coordination with the law enforcement officer and installation safety
officer.
(3) Ensure that traffic signs, signals, and pavement markings
conform to the standards in the current Manual on Uniform Traffic
Control Devices for Streets and Highways.
(4) Ensure that planning, design, construction, and maintenance of
streets and highways conform to the NHSPS as implemented by the Army.
(i) Traffic engineer. The traffic engineer, in close coordination
with the law enforcement officer, will:
(1) Conduct formal traffic engineering studies.
(2) Apply traffic engineering measures, including traffic control
devices, to reduce the number and severity of traffic accidents. (If
there is no installation traffic engineer, installation commanders may
request these services through channels from the Commander, Military
Surface Deployment and Distribution Command, 200 Stovall Street,
Alexandria, VA 22332).
(j) Army Alcohol and Drug Control Officer (ADCO). The ADCO will
provide treatment and education services to personnel with alcohol or
drug abuse problems.
(k) Navy Substance Abuse Rehabilitation Program (SARP) Directors.
These directors will--
(1) Supervise the alcohol/drug rehabilitation services to personnel
with alcohol or drug abuse problems.
(2) Provide remedial/motivational education for all persons
identified as alcohol or drug abusers who are evaluated as not dependent
on alcohol or drugs and who have been referred to level one
rehabilitation by their commands.
(l) Marine Corps Substance Abuse Program Officer. This officer will
provide alcohol/drug education, treatment, and rehabilitation services
to personnel with alcohol/drug abuse problems.
(m) DLA Employee Assistance Program Officer. This officer will
provide alcohol/drug counseling and referral services to identified
personnel with alcohol/drug abuse problems in accordance with procedures
prescribed by the Labor Relations Officer, Office of Human Resource, HQ
DLA.
(n) Alcohol/Drug Abuse Prevention Treatment (ADAPT) program. Air
Force Commanders will refer personnel identified with alcohol/drug abuse
problems to this program in accordance with established procedures.
Sec. 634.5 Program objectives.
(a) The objectives of motor vehicle traffic supervision are to
assure--
(1) Safe and efficient movement of personnel and vehicles.
(2) Reduction of traffic deaths, injuries, and property damage from
traffic accidents. Most traffic accidents can be prevented.
Investigation of motor vehicle accidents should examine all factors,
operator status, vehicle condition, and supervisory control measures
involved.
(3) Integration of installation safety, engineering, legal, medical,
and law enforcement resources into the installation traffic planning
process.
(4) Removal of intoxicated drivers from installation roadways.
(b) [Reserved]
[[Page 21]]
Subpart B_Driving Privileges
Sec. 634.6 Requirements for driving privileges.
(a) Driving a Government vehicle or POV on military installations is
a privilege granted by the installation commander. Persons who accept
the privilege must--
(1) Be lawfully licensed to operate motor vehicles in appropriate
classifications and not be under suspension or revocation in any state
or host country.
(2) Comply with laws and regulations governing motor vehicle
operations on any U. S. military installation.
(3) Comply with installation registration requirements in subpart C
of this part. Vehicle registration is required on all Army installations
through use of the Vehicle Registration System (VRS). Vehicle
registration is required on all Air Force and DLA installations and as
directed by the Chief, National Guard Bureau.
(4) Possess, while operating a motor vehicle and produce on request
by law enforcement personnel, the following:
(i) Proof of vehicle ownership or state registration if required by
the issuing state or host nation.
(ii) A valid state, host nation, overseas command, or international
driver's license and/or OF 346 (U.S. Government Motor Vehicle Operator's
Identification Card), as applicable to the class vehicle to be operated,
supported by a DD Form 2A (U.S. Armed Forces Identification Card),
Common Access Card (CAC) or other appropriate identification for non-
Department of Defense (DOD) civilians.
(iii) A valid record of motor vehicle safety inspection, as required
by the state or host nation and valid proof of insurance if required by
the state or locality.
(iv) Any regulatory permits, or other pertinent documents relative
to shipping and transportation of special cargo.
(v) When appropriate, documents that establish identification and
status of cargo or occupants.
(vi) Proof of valid insurance. Proof of insurance consists of an
insurance card, or other documents issued by the insurance company, that
has a policy effective date and an expiration date.
(b) Operators of Government motor vehicles must have proof of
authorization to operate the vehicle.
Sec. 634.7 Stopping and inspecting personnel or vehicles.
(a) Government vehicles may be stopped by law enforcement personnel
on military installations based on the installation commander's policy.
(1) In overseas areas, Government vehicles may be stopped on or off
installations as determined by host nation agreement and command policy.
(2) Stops and inspections of vehicles at installation gates or entry
points and in restricted areas will be conducted according to command
policy.
(b) Stops and inspections of POVs within the military installation,
other than at restricted areas or at an installation gate, are
authorized only when there is a reasonable suspicion of criminal
activity, or of a violation of a traffic regulation or of the
installation commander's policy. Marine Corps users will be guided by
publication of Marine Corps order and Military Rules of Evidence 311-316
and local command regulations. DLA users, see DLAR 5700.7.
(c) At the time of stop, the driver and occupants may be required to
display all pertinent documents, including but not limited to:
(1) DD Form 2A.
(2) Documents that establish the identity and status of civilians;
for example, Common Access Card (CAC), DD Form 1173 (Uniformed Services
Identification and Privilege Card), DA Form 1602 (Civilian
Identification), AF Form 354 (Civilian Identification Card), DD Form 2
(Armed Forces of the United States Identification Card), post pass,
national identity card, or other identification.
(3) Proper POV registration documents.
(4) Host nation vehicle registration documents, if applicable.
(5) Authorization to operate a Government vehicle, if applicable.
(6) Drivers license or OF 346 valid for the particular vehicle and
area of operation.
(7) Proof of insurance.
[[Page 22]]
Sec. 634.8 Implied consent.
(a) Implied consent to blood, breath, or urine tests. Persons who
drive on the installation shall be deemed to have given their consent to
evidential tests for alcohol or other drug content of their blood,
breath, or urine when lawfully stopped, apprehended, or cited for any
offense allegedly committed while driving or in physical control of a
motor vehicle on military installations to determine the influence of
intoxicants.
(b) Implied consent to impoundment. Any person granted the privilege
to operate or register a motor vehicle on a military installation shall
be deemed to have given his or her consent for the removal and temporary
impoundment of the POV when it is parked illegally, or for unreasonable
periods, as determined by the installation commander or applicable
authority, interfering with military operations, creating a safety
hazard, disabled by accident, left unattended in a restricted or
controlled area, or abandoned. Such persons further agree to reimburse
the United States for the cost of towing and storage should their motor
vehicle be removed or impounded. Existence of these conditions will be
determined by the installation commander or designee.
(c) Any person who operates, registers, or who is in control of a
motor vehicle on a military installation involved in a motor vehicle or
criminal infraction shall be informed that notice of the violation of
law or regulation will be forwarded to the Department of Motor Vehicles
(DMV) of the host state and/or home of record for the individual, and to
the National Register, when applicable.
Sec. 634.9 Suspension or revocation of driving or privately owned
vehicle registration privileges.
The installation commander or designee may for cause, or any lawful
reason, administratively suspend or revoke driving privileges on the
installation. The suspension or revocation of installation driving
privileges or POV registrations, for lawful reasons unrelated to traffic
violations or safe vehicle operation, is not limited or restricted by
this part.
(a) Suspension. (1) Driving privileges are usually suspended when
other measures fail to improve a driver's performance. Measures should
include counseling, remedial driving training, and rehabilitation
programs if violator is entitled to the programs. Driving privileges may
also be suspended for up to 6 months if a driver continually violates
installation parking regulations. The commander will determine standards
for suspension based on frequency of parking violations and publish
those standards. Aboard Navy installations, any vehicle parked in a fire
lane will be towed at the owner's expense. Any vehicle parked without
authorization in an area restricted due to force protection measures may
subject the driver to immediate suspension by the installation
commanding officer. Vehicle will be towed at the owner/operator's
expense.
(2) The installation commander has discretionary power to withdraw
the authorization of active duty military personnel, DOD civilian
employees, and nonappropriated funds (NAF) employees, contractors and
subcontractors to operate Government vehicles.
(3) Immediate suspension of installation or overseas command POV
driving privileges pending resolution of an intoxicated driving incident
is authorized for active duty military personnel, family members,
retired members of the military services, DOD civilian personnel, and
others with installation or overseas command driving privileges,
regardless of the geographic location of the intoxicated driving
incident. Suspension is authorized for non-DOD affiliated civilians only
with respect to incidents occurring on the installation or in areas
subject to military traffic supervision. After a review of available
information as specified in Sec. 634.11, installation driving
privileges will be immediately suspended pending resolution of the
intoxicated driving accident in the following circumstances:
(i) Refusal to take or complete a lawfully requested chemical test
to determine contents of blood for alcohol or other drugs.
(ii) Operating a motor vehicle with a blood alcohol content (BAC) of
.08 percent by volume (.08 grams per 100 milliliters) or higher or in
violation of the
[[Page 23]]
law of the jurisdiction that is being assimilated on the military
installation.
(iii) Operating a motor vehicle with a BAC of 0.05 percent by volume
but less than 0.08 percent blood alcohol by volume in violation of the
law of the jurisdiction in which the vehicle is being operated if the
jurisdiction imposes a suspension solely on the basis of the BAC level
(as measured in grams per 100 milliliters).
(iv) On an arrest report or other official documentation of the
circumstances of an apprehension for intoxicated driving.
(b) Revocation. (1) The revocation of installation or overseas
command POV driving privileges is a severe administrative measure to be
exercised for serious moving violations or when other available
corrective actions fail to produce the desired driver improvement.
Revocation of the driving privilege will be for a specified period, but
never less than 6 months, applies at all military installations, and
remains in effect upon reassignment.
(2) Driving privileges are subject to revocation when an individual
fails to comply with any of the conditions requisite to the granting
privilege (see Sec. 634.6). Revocation of installation driving and
registration privileges is authorized for military personnel, family
members, civilian employees of DOD, contractors, and other individuals
with installation driving privileges. For civilian guests, revocation is
authorized only with respect to incidents occurring on the installation
or in the areas subject to military traffic supervision.
(3) Driving privileges will be revoked for a mandatory period of not
less than 1 year in the following circumstances:
(i) The installation commander or designee has determined that the
person lawfully apprehended for driving under the influence refused to
submit to or complete a test to measure the alcohol content in the
blood, or detect the presence of any other drug, as required by the law
of the jurisdiction, or installation traffic code, or by Service
directive.
(ii) A conviction, nonjudicial punishment, or a military or civilian
administrative action resulting in the suspension or revocation of
driver's license for intoxicated driving. Appropriate official
documentation of such conviction is required as the basis for
revocation.
(4) When temporary suspensions under paragraph (a)(3) of this
section are followed by revocations, the period of revocation is
computed beginning from the date the original suspension was imposed,
exclusive of any period during which full driving privileges may have
been restored pending resolution of charges. (Example: privileges were
initially suspended on January 1, 2000 for a charge of intoxicated
driving with a BAC of 0.14 percent. A hearing was held, extreme family
hardship was substantiated, and privileges were restored on February 1
pending resolution of the charge. On March 1, 2000, the driver was
convicted for intoxicated driving. The mandatory 1-year revocation
period will consist of January 2000 plus March 2000 through January
2001, for a total of 12 months with no installation driving privileges).
(c) Army provost marshals will use the automated VRS to develop and
maintain records showing that an individual's driving privileges have
been revoked.
Sec. 634.10 Remedial driver training programs.
(a) Navy activities will comply with OPNAVINST 5100.12 Series, and
Marine Corps activities with current edition of MCO 5100.19C for
establishment of remedial training programs.
(b) Installation commanders may establish a remedial driver-training
program to instruct and educate personnel requiring additional training.
Personnel may be referred to a remedial program on the basis of their
individual driving history or incidents requiring additional training.
The curriculum should provide instruction to improve driving performance
and compliance with traffic laws.
(c) Installation commanders may schedule periodic courses, or if not
practical, arrange for participation in courses conducted by local civil
authorities.
(d) Civilian personnel employed on the installation, contractor
employees, and family members of military personnel may attend remedial
courses on the installation, or similar courses off
[[Page 24]]
the installation which incur no expense to the government.
Sec. 634.11 Administrative due process for suspensions and
revocations.
(a) Individual Services will promulgate separate regulations
establishing administrative due process procedures for suspension or
revocation of driving privileges. The procedures in paragraphs (b) and
(c) of this section apply to actions taken by Army commanders with
respect to Army military personnel and family members and to civilian
personnel operating motor vehicles on Army installations. For Marine
Corps users, the provisions of this section apply. For Air Force users,
a preliminary suspension for intoxicated driving remains in effect until
the installation commander makes a final decision. Requested hearings
must take place within a reasonable period, which is determined by the
installation commander.
(b) For offenses other than intoxicated driving, suspension or
revocation of the installation driving privilege will not become
effective until the installation commander or designee notifies the
affected person and offers that person an administrative hearing.
Suspension or revocation will take place 14 calendar days after written
notice is received unless the affected person makes an application for a
hearing within this period. Such application will stay the pending
suspension or revocation for a period of 14 calendar days.
(1) If, due to action by the government, a hearing is not held
within 14 calendar days, the suspension will not take place until such
time as the person is granted a hearing and is notified of the action of
the installation commander or designee. However, if the affected person
requests that the hearing be continued to a date beyond the 14-day
period, the suspension or revocation will become effective immediately
on receipt of notice that the request for continuance has been granted,
and remain in force pending a hearing at a scheduled hearing date.
(2) If it is determined as a result of a hearing to suspend or
revoke the affected person's driving privilege, the suspension or
revocation will become effective when the person receives the written
notification of such action. In the event that written notification
cannot be verified, either through a return receipt for mail or delivery
through command channels, the hearing authority will determine the
effective date on a case-by-case basis.
(3) If the revocation or suspension is imposed after such hearing,
the person whose driving privilege has been suspended or revoked will
have the right to appeal or request reconsideration. Such requests must
be forwarded through command channels to the installation commander
within 14 calendar days from the date the individual is notified of the
suspension or revocation resulting from the administrative hearing. The
suspension or revocation will remain in effect pending a final ruling on
the request. Requests for restricted privileges will be considered per
Sec. 634.15.
(4) If driving privileges are temporarily restored (i.e., for family
hardship) pending resolution of charges, the period of revocation (after
final authority determination) will still total the mandatory 12 months.
The final date of the revocation will be adjusted to account for the
period when the violator's privileges were temporarily restored, as this
period does not count towards the revocation time.
(c) For drunk driving or driving under the influence offenses,
reliable evidence readily available will be presented promptly to an
individual designated by the installation commander for review and
authorization for immediate suspension of installation driving
privileges.
(1) The reviewer should be any officer to include GS-11 and above,
designated in writing by the installation or garrison commander whose
primary duties are not in the field of law enforcement.
(2) Reliable evidence includes witness statements, military or
civilian police report of apprehension, chemical test results if
completed, refusal to consent to complete chemical testing, videotapes,
statements by the apprehended individual, field sobriety or preliminary
breath tests results, and other
[[Page 25]]
pertinent evidence. Immediate suspension should not be based solely on
published lists of arrested persons, statements by parties not
witnessing the apprehension, or telephone conversations or other
information not supported by documented and reliable evidence.
(3) Reviews normally will be accomplished within the first normal
duty day following final assembly of evidence.
(4) Installation commanders may authorize the installation law
enforcement officer to conduct reviews and authorize suspensions in
cases where the designated reviewer is not reasonably available and, in
the judgment of the installation law enforcement officer, such immediate
action is warranted. Air Force Security Forces personnel act in an
advisory capacity to installation commanders. Review by the designated
officer will follow as soon as practical in such cases. When a
suspension notice is based on the law enforcement officer's review,
there is no requirement for confirmation notice following subsequent
review by the designated officer.
(5) For active duty military personnel, final written notice of
suspension for intoxicated driving will be provided to the individual's
chain of command for immediate presentation to the individual. Air Force
Security Forces provide a copy of the temporary suspension to the
individual at the time of the incident or may provide a copy of the
final determination at the time of the incident, as pre-determined by
the final action authority.
(6) For civilian personnel, written notice of suspension for
intoxicated driving will normally be provided without delay via
certified mail. Air Force Security Forces personnel provide a copy of
the temporary suspension to the individual at the time of the incident
or may provide a copy of the final determination at the time of the
incident, as pre-determined by the final action authority. If the person
is employed on the installation, such notice will be forwarded through
the military or civilian supervisor. When the notice of suspension is
forwarded through the supervisor, the person whose privileges are
suspended will be required to provide written acknowledgment of receipt
of the suspension notice.
(7) Notices of suspension for intoxicated driving will include the
following:
(i) The fact that the suspension can be made a revocation under
Sec. 634.9(b).
(ii) The right to request, in writing, a hearing before the
installation commander or designee to determine if post driving
privileges will be restored pending resolution of the charge; and that
such request must be made within 14 calendar days of the final notice of
suspension.
(iii) The right of military personnel to be represented by counsel
at his or her own expense and to present evidence and witnesses at his
or her own expense. Installation commanders will determine the
availability of any local active duty representatives requested.
(iv) The right of Department of Defense civilian employees to have a
personal representative present at the administrative hearing in
accordance with applicable laws and regulations.
(v) Written acknowledgment of receipt to be signed by the individual
whose privileges are to be suspended or revoked.
(8) If a hearing is requested, it must take place within 14 calendar
days of receipt of the request. The suspension for intoxicated driving
will remain in effect until a decision has been made by the installation
commander or designee, but will not exceed 14 calendar days after the
hearing while awaiting the decision. If no decision has been made by
that time, full driving privileges will be restored until such time as
the accused is notified of a decision to continue the suspension.
(9) Hearing on suspension actions under Sec. 634.9(a) for drunk or
impaired driving pending resolution of charges will cover only the
following pertinent issues of whether--
(i) The law enforcement official had reasonable grounds to believe
the person was driving or in actual physical control of a motor vehicle
under the influence of alcohol or other drugs.
(ii) The person was lawfully cited or apprehended for a driving
under the influence offense.
(iii) The person was lawfully requested to submit his or her blood,
[[Page 26]]
breath, or urine in order to determine the content of alcohol or other
drugs, and was informed of the implied consent policy (consequences of
refusal to take or complete the test).
(iv) The person refused to submit to the test for alcohol or other
drug content of blood, breath, or urine; failed to complete the test;
submitted to the test and the result was .08 or higher blood alcohol
content, or between .05 and .08 in violation of the law of the
jurisdiction in which the vehicle is being operated if the jurisdiction
imposes a suspension solely on the basis of the BAC level; or showed
results indicating the presence of other drugs for an on-post
apprehension or in violation of State laws for an off-post apprehension.
(v) The testing methods were valid and reliable and the results
accurately evaluated.
(10) For revocation actions under Sec. 634.9(b) (3) for intoxicated
driving, the revocation is mandatory on conviction or other findings
that confirm the charge. (Pleas of nolo contendere are considered
equivalent to guilty pleas).
(i) Revocations are effective as of the date of conviction or other
findings that confirm the charges. Test refusal revocations will be in
addition to any other revocation incurred during a hearing. Hearing
authority will determine if revocations for multiple offenses will run
consecutively or concurrently taking into consideration if offenses
occurred on same occasion or different times, dates. The exception is
that test refusal will be one year automatic revocation in addition to
any other suspension.
(ii) The notice that revocation is automatic may be placed in the
suspension letter. If it does not appear in the suspension letter, a
separate letter must be sent and revocation is not effective until
receipt of the written notice.
(iii) Revocations cancel any full or restricted driving privileges
that may have been restored during suspension and the resolution of the
charges. Requests for restoration of full driving privileges are not
authorized.
(11) The Army Vehicle Registration System will be utilized to
maintain infractions by individuals on Army installations.
Sec. 634.12 Army administrative actions against intoxicated drivers.
Army commanders will take appropriate action against intoxicated
drivers. These actions may include the following:
(a) A written reprimand, administrative in nature, will be issued to
active duty Soldiers in the cases described in this paragraph (a). Any
general officer, and any officer frocked to the grade of brigadier
general, may issue this reprimand. Filing of the reprimand will be in
accordance with the provisions of AR 600-37.
(1) Conviction by courts-martial or civilian court or imposition of
nonjudicial punishment for an offense of drunk or impaired driving
either on or off the installation.
(2) Refusal to take or failure to complete a lawfully requested test
to measure alcohol or drug content of the blood, breath, or urine,
either on or off the installation, when there is reasonable belief of
driving under the influence of alcohol or drugs.
(3) Driving or being in physical control of a motor vehicle on post
when the blood alcohol content is 0.08 percent or higher, irrespective
of other charges, or off post when the blood alcohol content is in
violation of the law of the State involved.
(4) Driving, or being in physical control of a motor vehicle, either
on or off the installation, when lawfully conducted chemical tests
reflect the presence of illegal drugs.
(b) Review by the commander of the service records of active duty
soldiers apprehended for offenses described in paragraph (a) of this
section to determine if the following action(s) should be taken--
(1) Administrative reduction per AR 600-8-19, or
(2) Bar to reenlistment per AR 601-280, or
(3) Administrative separation per AR 635-200.
Sec. 634.13 Alcohol and drug abuse programs.
(a) Commanders will refer military personnel suspected of drug or
alcohol
[[Page 27]]
abuse for evaluation in the following circumstances:
(1) Behavior indicative of alcohol or drug abuse.
(2) Continued inability to drive a motor vehicle safely because of
alcohol or drug abuse.
(b) The commander will ensure military personnel are referred to the
installation alcohol and drug abuse program or other comparable
facilities when they are convicted of, or receive an official
administrative action for, any offense involving driving under the
influence. A first offender may be referred to treatment if evidence of
substance abuse exists in addition to the offense of intoxicated
driving. The provisions of this paragraph do not limit the commander's
prerogatives concerning other actions that may be taken against an
offender under separate Service/Agency polices (Army, see AR 600-85.
Marine Corps, see MCO P1700.24B).
(c) Active duty Army personnel apprehended for drunk driving, on or
off the installation, will be referred to the local Army Substance Abuse
Program (ASAP) for evaluation within 14 calendar days to determine if
the person is dependent on alcohol or other drugs which will result in
enrollment in treatment in accordance with AR 600-85. A copy of all
reports on military personnel and DOD civilian employees apprehended for
intoxicated driving will be forwarded to the installation alcohol and
drug abuse facility.
(d) Active duty Navy personnel apprehended for drunk driving on or
off the installation will be screened by the respective SARP facility
within 14 calendar days to determine if the individual is dependent on
alcohol or other drugs. Active duty Marines apprehended for intoxicated
driving, on or off the installation, will be referred to interview by a
Level II substance abuse counselor within 14 calendar days for
evaluation and determination of the appropriate level of treatment
required. Subsequent to this evaluation, the Marine will be assigned to
the appropriate treatment programs as prescribed by MCO P1700.24B.
(e) The Services/Agencies may develop preventive treatment and
rehabilitative programs for civilian employees with alcohol-related
problems.
(f) Army supervisors of civilian employees apprehended for
intoxicated driving will advise employees of ASAP services available.
Civilian employees apprehended for intoxicated driving while on duty
will be referred to the ASAP or comparable facility for evaluation in
accordance with AR 600-85. Army commanders will ensure that sponsors
encourage family members apprehended for drunk driving seek ASAP
evaluation and assistance.
(g) Navy and DLA civilian personnel charged with intoxicated driving
will be referred to the Civilian Employee Assistance Program in
accordance with 5 CFR part 792. Such referral does not exempt the
employee from appropriate administrative or disciplinary actions under
civilian personnel regulations.
(h) Marine Corps civilian employees charged with intoxicated
driving, on or off the installation, will be referred to the Employee
Assistance Program as prescribed by MCO P1700.24B. Marine family members
charged with intoxicated driving, on or off the installation, will be
provided assistance as addressed in MCO P1700.24B. Such referral and
assistance does not exempt the individual from appropriate
administrative or disciplinary action under current civilian personnel
regulations or State laws.
(i) For the Army, DLA, and the Marine Corps, installation driving
privileges of any person who refuses to submit to, or fails to complete,
chemical testing for blood-alcohol content when apprehended for
intoxicated driving, or convicted of intoxicated driving, will not be
reinstated unless the person successfully completes either an alcohol
education or treatment program sponsored by the installation, state,
county, or municipality, or other program evaluated as acceptable by the
installation commander.
(j) Active duty Air Force personnel apprehended for drunk driving,
on or off the installation, will be referred by their respective chain
of command to the Air Force Substance Abuse office for evaluation in
accordance with AFI 44-121/Alcohol Drug Abuse & Treatment Program, and
local policies within seven days.
[[Page 28]]
(k) Local installation commanders will determine if active duty Air
Force personnel involved in any alcohol incident will immediately be
subjected to a urinalysis for drug content. If consent is not given for
the test, a command-directed test will be administered in accordance
with local policies.
Sec. 634.14 Restoration of driving privileges upon acquittal of
intoxicated driving.
The suspension of driving privileges for military and civilian
personnel shall be restored if a final disposition indicates a finding
of not guilty, charges are dismissed or reduced to an offense not
amounting to intoxicated driving, or where an equivalent determination
is made in a nonjudicial proceeding. The following are exceptions to the
rule in which suspensions will continue to be enforced.
(a) The preliminary suspension was based on refusal to take a BAC
test.
(b) The preliminary suspension resulted from a valid BAC test,
(unless disposition of the charges was based on invalidity of the BAC
test). In the case of a valid BAC test, the suspension will continue,
pending completion of a hearing as specified in Sec. 634.11. In such
instances, the individual will be notified in writing that the
suspension will continue and of the opportunity to request a hearing
within 14 calendar days.
(1) At the hearing, the arrest report, the commander's report of
official disposition, information presented by the individual, and such
other information as the hearing officer may deem appropriate will be
considered.
(2) If the hearing officer determines by a preponderance of evidence
that the individual was engaged in intoxicated driving, the revocation
will be for 1 year from the date of the original preliminary suspension.
(c) The person was driving or in physical control of a motor vehicle
while under a preliminary suspension or revocation.
(d) An administrative determination has been made by the state or
host nation licensing authority to suspend or revoke driving privileges.
(e) The individual has failed to complete a formally directed
substance abuse or driver's training program.
Sec. 634.15 Restricted driving privileges or probation.
(a) For the Navy, Air Force, Marine Corps, and DLA, the installation
commander, or his or her designee may modify a suspension or revocation
of driving privileges in certain cases per paragraph (d) of this
section.
(b) Army requests for restricted driving privileges subsequent to
suspension or revocation of installation driving privileges will be
referred to the installation commander or designee, except for
intoxicated driving cases, which must be referred to the General Court
Martial Convening Authority. Withdrawal of restricted driving privileges
is within the installation commander's discretion.
(c) Probation or restricted driving privileges will not be granted
to any person whose driver license or right to operate motor vehicles is
under suspension or revocation by a state, Federal, or host nation
licensing authority. Prior to application for probation or restricted
driving privileges, a state, Federal, or host nation driver's license or
right to operate motor vehicles must be reinstated. The burden of proof
for reinstatement of driving privileges lies with the person applying
for probation or restricted driving privileges. Revocations for test
refusals shall remain.
(d) The installation commander or designee may grant restricted
driving privileges or probation on a case-by-case basis provided the
person's state or host nation driver's license or right to operate motor
vehicles remains valid to accommodate any of the following reasons:
(1) Mission requirements.
(2) Unusual personal or family hardships.
(3) Delays exceeding 90 days, not attributed to the person
concerned, in the formal disposition of an apprehension or charges that
are the basis for any type of suspension or revocation.
(4) When there is no reasonably available alternate means of
transportation to officially assigned duties. In this instance, a
limited exception can be
[[Page 29]]
granted for the sole purpose of driving directly to and from the place
of duty.
(e) The terms and limitations on a restricted driving privilege (for
example, authorization to drive to and from place of employment or duty,
or selected installation facilities such as hospital, commissary, and or
other facilities) will be specified in writing and provided to the
individual concerned. Persons found in violation of the restricted
privilege are subject to revocation action as prescribed in Sec. 634.9.
(f) The conditions and terms of probation will be specified in
writing and provided to the individual concerned. The original
suspension or revocation term in its entirety may be activated to
commence from the date of the violation of probation. In addition,
separate action may be initiated based on the commission of any traffic,
criminal, or military offense that constitutes a probation violation.
(g) DOD employees and contractors, who can demonstrate that
suspension or revocation of installation driving privileges would
constructively remove them from employment, may be given a limiting
suspension/revocation that restricts driving on the installation or
activity (or in the overseas command) to the most direct route to and
from their respective work sites (5 U.S.C. 2302(b) (10)). This is not to
be construed as limiting the commander from suspension or revocation of
on-duty driving privileges or seizure of OF 346, even if this action
would constructively remove a person from employment in those instances
in which the person's duty requires driving from place to place on the
installation.
Sec. 634.16 Reciprocal state-military action.
(a) Commanders will recognize the interests of the states in matters
of POV administration and driver licensing. Statutory authority may
exist within some states or host nations for reciprocal suspension and
revocation of driving privileges. See subpart D of this part for
additional information on exchanging and obtaining information with
civilian law enforcement agencies concerning infractions by Armed
Service personnel off post. Installation commanders will honor the
reciprocal authority and direct the installation law enforcement officer
to pursue reciprocity with state or host nation licensing authorities.
Upon receipt of written or other official law enforcement communication
relative to the suspension/revocation of driving privileges, the
receiving installation will terminate driving privileges as if
violations occurred within its own jurisdiction.
(b) When imposing a suspension or revocation for an off-installation
offense, the effective date should be the same as civil disposition, or
the date that state or host-nation driving privileges are suspended or
revoked. This effective date can be retroactive.
(c) If statutory authority does not exist within the state or host
nation for formal military reciprocity, the procedures below will be
adopted:
(1) Commanders will recognize official documentation of suspensions/
revocations imposed by state or host nation authorities. Administrative
actions (suspension/revocations, or if recognized, point assessment) for
moving traffic violations off the installation should not be less than
required for similar offenses on the installation. When notified by
state or host nation authorities of a suspension or revocation, the
person's OF 346 may also be suspended.
(2) In CONUS, the host and issuing state licensing authority will be
notified as soon as practical when a person's installation driving
privileges are suspended or revoked for any period, and immediately for
refusal to submit to a lawful BAC test. The notification will be sent to
the appropriate state DMV(s) per reciprocal agreements. In the absence
of electronic communication technology, the appropriate state DMV(s)
will be notified by official certified mail. The notification will
include the basis for the suspension/revocation and the BAC level if
applicable.
(d) OCONUS installation commanders must follow provisions of the
applicable Status of Forces Agreement (SOFA), the law of the host nation
concerning reciprocal suspension and revocation, and other international
agreements. To the extent an agreement
[[Page 30]]
concerning reciprocity may be permitted at a particular overseas
installation, the commander must have prior authorization to negotiate
and conclude such an international agreement in accordance with
applicable international agreements, DODD 5530.3, International
Agreements, June 87, and other individual Service instructions.
Sec. 634.17 Extensions of suspensions and revocations.
(a) Driving in violation of a suspension or revocation imposed under
this part will result in the original period of suspension or revocation
being increased by 2 years. In addition, administrative action may be
initiated based on the commission of any traffic, criminal, or military
offenses, for example, active duty military personnel driving on the
installation in violation of a lawful order.
(b) For each subsequent determination within a 5-year period that
revocation is authorized under Sec. 634.9, military personnel, DOD
civilians, contractors and NAF employees will be prohibited from
obtaining or using an OF 346 for 6 months for each such incident. A
determination whether DOD civilian personnel should be prohibited from
obtaining or using an OF 346 will be made in accordance with the laws
and regulations applicable to civilian personnel. This does not preclude
a commander from imposing such prohibition for a first offense, or for a
longer period of time for a first or subsequent offense, or for such
other reasons as may be authorized.
(c) Commanders may extend a suspension or revocation of driving
privileges on personnel until completion of an approved remedial driver
training course or alcohol or drug counseling programs after proof is
provided.
(d) Commanders may extend a suspension or revocation of driving
privileges on civilian personnel convicted of intoxicated driving on the
installation until successful completion of a state or installation
approved alcohol or drug rehabilitation program.
(e) For Navy personnel for good cause, the appropriate authority may
withdraw the restricted driving privilege and continue the suspension or
revocation period (for example, driver at fault in the traffic accident,
or driver cited for a moving violation.
Sec. 634.18 Reinstatement of driving privileges.
Reinstatement of driving privileges shall be automatic, provided all
revocations applicable have expired, proper proof of completion of
remedial driving course and/or substance abuse counseling has been
provided, and reinstatement requirements of individual's home state and/
or state the individual may have been suspended in, have been met.
Subpart C_Motor Vehicle Registration
Sec. 634.19 Registration policy.
(a) Motor vehicles will be registered according to guidance in this
part and in policies of each Service and DLA. A person who lives or
works on an Army, DLA, Air Force, Navy, or Marine Corps installation, or
Army National Guard of the U.S. (ARNGUS) facility, or often uses the
facilities is required to register his or her vehicle. Also, individuals
who access the installation for regular activities such as use of
medical facilities and regular recurring activities on the installation
should register their vehicles according to a standard operating
procedure established by the installation commander. The person need not
own the vehicle to register it, but must have a lease agreement, power
of attorney, or notarized statement from the owner of the vehicle
specifying the inclusive dates for which permission to use the vehicle
has been granted.
(b) Vehicles intended for construction and material handling, or
used solely off the road, are usually not registered as motor vehicles.
Installation commanders may require registration of off-road vehicles
and bicycles under a separate local system.
(c) Commanders can grant limited temporary registration for up to 30
days, pending permanent registration, or in other circumstances for
longer terms.
(d) Except for reasons of security, all installations and activities
of the Services and DLA within the United States
[[Page 31]]
and its territories with a vehicle registration system will use and
honor the DD Form 2220, (Department of Defense Registration Decal).
Registration in overseas commands may be modified in accordance with
international agreements or military necessity.
(e) Army Installation commanders will establish local visitor
identification for individuals who will be on installation for less than
30 days. The local policy will provide for use of temporary passes that
establish a start and end date for which the pass is valid. Army
installation commanders must refer to AR 190-16 Chapter 2 for guidance
concerning installation access control. (Air Force, see AFI 31-204).
Other Armed Services and DLA may develop and issue visitor passes
locally.
(f) The conditions in Sec. 634.20 must be met to operate a POV on
an Army and DLA Installation. Other Armed Services that do not require
registration will enforce Sec. 634.20 through traffic enforcement
actions. Additionally, failure to comply with Sec. 634.20 may result in
administrative suspension or revocation of driving privileges.
Sec. 634.20 Privately owned vehicle operation requirements.
Personnel seeking to register their POVs on military installations
within the United States or its territories and in overseas areas will
comply with the following requirements. (Registration in overseas
commands may be modified in accordance with international agreements or
military necessity.)
(a) Possess a valid state, overseas command, host nation or
international drivers license (within appropriate classification),
supported by DD Form 2, or other appropriate identification for DOD
civilians, contractors and retirees. DA Form 1602, Civilian
Identification Card, is limited for identification on Army installations
only.
(b) Possess a certificate of state registration as required by the
state in which the vehicle is registered.
(c) Comply with the minimum requirements of the automobile insurance
laws or regulations of the state or host nation. In overseas commands
where host nation laws do not require minimum personal injury and
property damage liability insurance, the major overseas commander will
set reasonable liability insurance requirements for registration and/or
operation of POVs within the confines of military installations and
areas where the commander exercises jurisdiction. Prior to
implementation, insurance requirements in host states or nations should
be formally coordinated with the appropriate host agency.
(d) Satisfactorily complete a safety and mechanical vehicle
inspection by the state or jurisdiction in which the vehicle is
licensed. If neither state nor local jurisdiction requires a periodic
safety inspection, installation commanders may require and conduct an
annual POV safety inspection; however, inspection facilities must be
reasonably accessible to those requiring use. Inspections will meet
minimum standards established by the National Highway Traffic Safety
Administration (NHTSA) in 49 CFR 570.1 through 570.10. Lights, turn
signals, brake lights, horn, wipers, and pollution control devices and
standards in areas where applicable, should be included in the
inspection. Vehicles modified from factory standards and determined
unsafe may be denied access and registration.
(e) Possess current proof of compliance with local vehicle emission
inspection if required by the state, and maintenance requirements.
(f) Vehicles with elevated front or rear ends that have been
modified in a mechanically unsafe manner are unsafe and will be denied
registration. 49 CFR 570.8 states that springs shall not be extended
above the vehicle manufacturer's design height.
Sec. 634.21 Department of Defense Form 2220.
(a) Use. DD Form 2220 will be used to identify registered POVs on
Army, Navy, Air Force, Marine Corps, and DLA installations or
facilities. The form is produced in single copy for conspicuous
placement on the front of the vehicle only (windshield or bumper). If
allowed by state laws, the decal is placed in the center by the rear
view mirror or the lower portion of the driver's side windshield. The
requirement to affix the DD Form 2220 to the front windshield or bumper
of registered vehicles is waived for General Officers
[[Page 32]]
and Flag Officers of all Armed Services, Armed Service Secretaries,
Political Appointees, Members of Congress, and the Diplomatic Corps.
(1) Each Service and DLA will procure its own forms and installation
and expiration tabs. For the Army, the basic decal will be ordered
through publications channels and remain on the vehicle until the
registered owner disposes of the vehicle, separates from active duty or
other conditions specified in paragraph (a)(2) of this section. Air
Force, DLA, and Army retirees may retain DD Form 2220. Army retirees are
required to follow the same registration and VRS procedures as active
duty personnel. Upon termination of affiliation with the service, the
registered owner or authorized operator is responsible for removing the
DD Form 2220 from the vehicle and surrender of the decal to the issuing
office. Army installation commanders are responsible for the costs of
procuring decals with the name of their installation and related
expiration tabs. Air Force installations will use the installation tag
(4 by \1/2\) to identify the Air Force
Installation where the vehicle is registered. Air Force personnel may
retain the DD Form 2220 upon reassignment, retirement, or separation
provided the individual is still eligible for continued registration,
the registration is updated in SFMIS, and the installation tab is
changed accordingly. Position the decal directly under the DD Form 2220.
(2) For other Armed Services and DLA, DD Form 2220 and installation
and expiration tabs will be removed from POV's by the owner prior to
departure from their current installation, retirement, or separation
from military or government affiliation, termination of ownership,
registration, liability insurance, or other conditions further
identified by local policy.
(b) Specifications. (1) DD Form 2220 and installation and expiration
tabs will consist of international blue borders and printing on a white
background. Printer information will include the following:
(i) Form title (Department of Defense Registered Vehicle).
(ii) Alphanumeric individual form identification number.
(iii) DOD seal.
(2) Name of the installation will be specified on a separate tab
abutting the decal. Each Service or DLA may choose optional color codes
for the registrant. Army and installations having vehicle registration
programs will use the following standard color scheme for the
installation tab:
(i) Blue-officers.
(ii) Red-enlisted.
(iii) Green DA civilian employees (including NAF employees).
(iv) Black-contractor personnel and other civilians employed on the
installation. White will be used for contract personnel on Air Force
installations.
(3) An expiration tab identifying the month and year (6-2004), the
year (2000) or simply ``00'' will be abutted to right of the decal. For
identification purposes, the date of expiration will be shown in bold
block numbers on a lighter contrasting background such as traffic
yellow, lime, or orange.
(4) DD Form 2220 and any adjoining tabs will be theft resistant when
applied to glass, metal, painted, or rubberized surfaces and
manufactured so as to obliterate or self destruct when removal is
attempted. Local policy guided by state or host nation laws will specify
the exact placement of DD Form 2220.
(5) For Navy and Marine Corps military personnel the grade insignia
will be affixed on placards, approximately 5 inches by 8 inches in size,
and placed on the driver's side dashboard. Placards should be removed
from view when the vehicle is not located on a military installation.
Sec. 634.22 Termination or denial of registration.
Installation commanders or their designated representatives will
terminate POV registration or deny initial registration under the
following conditions (decal and tabs will be removed from the vehicle
when registration is terminated):
(a) The owner fails to comply with the registration requirements.
(b) The owner sells or disposes of the POV, is released from active
duty, separated from the Service, or terminates civilian employment with
a military Service or DOD agency. Army and Air
[[Page 33]]
Force personnel on a permanent change of station will retain the DD Form
2220 if the vehicle is moved to their new duty station.
(c) The owner is other than an active duty military or civilian
employee and discontinues regular operations of the POV on the
installation.
(d) The owner's state, overseas command, or host nation driver's
license is suspended or revoked, or the installation driving privilege
is revoked. Air Force does not require removal of the DD Form 2220 when
driving privileges are suspended for an individual. When vehicle
registration is terminated in conjunction with the revocation of
installation driving privileges, the affected person must apply to re-
register the POV after the revocation expires. Registration should not
be terminated if other family members having installation driving
privileges require use of the vehicle.
Sec. 634.23 Specified consent to impoundment.
Personnel registering POVs on DOD installations must consent to the
impoundment policy. POV registration forms will contain or have appended
to them a certificate with the following statement: ``I am aware that
(insert number and title of separate Service or DLA directive) and the
installation traffic code provide for the removal and temporary
impoundment of privately owned motor vehicles that are either parked
illegally, or for unreasonable periods, interfering with military
operations, creating a safety hazard, disabled by accident, left
unattended in a restricted or control area, or abandoned. I agree to
reimburse the United States for the cost of towing and storage should my
motor vehicle(s), because of such circumstances, be removed and
impounded.''
Subpart D_Traffic Supervision
Sec. 634.24 Traffic planning and codes.
(a) Safe and efficient movement of traffic on an installation
requires traffic supervision. A traffic supervision program includes
traffic circulation planning and control of motor vehicle traffic;
publication and enforcement of traffic laws and regulations; and
investigation of motor vehicle accidents.
(b) Installation commanders will develop traffic circulation plans
that provide for the safest and most efficient use of primary and
secondary roads. Circulation planning should be a major part of all
long-range master planning at installations. The traffic circulation
plan is developed by the installation law enforcement officer, engineer,
safety officer, and other concerned staff agencies. Highway engineering
representatives from adjacent civil communities must be consulted to
ensure the installation plan is compatible with the current and future
circulation plan of the community. The plan should include the
following:
(1) Normal and peak load routing based on traffic control studies.
(2) Effective control of traffic using planned direction, including
measures for special events and adverse road or weather conditions.
(3) Point control at congested locations by law enforcement
personnel or designated traffic directors or wardens, including trained
school-crossing guards.
(4) Use of traffic control signs and devices.
(5) Efficient use of available parking facilities.
(6) Efficient use of mass transportation.
(c) Traffic control studies will provide factual data on existing
roads, traffic density and flow patterns, and points of congestion. The
installation law enforcement officer and traffic engineer usually
conduct coordinated traffic control studies to obtain the data. Accurate
data will help determine major and minor routes, location of traffic
control devices, and conditions requiring engineering or enforcement
services.
(d) The (Military) Surface Deployment and Distribution Command
Transportation Engineering Agency (SDDCTEA) will help installation
commanders solve complex highway traffic engineering problems. SDDCTEA
traffic engineering services include--
(1) Traffic studies of limited areas and situations.
(2) Complete studies of traffic operations of entire installations.
(This can
[[Page 34]]
include long-range planning for future development of installation
roads, public highways, and related facilities.)
(3) Assistance in complying with established traffic engineering
standards.
(e) Installation commanders should submit requests for traffic
engineering services in accordance with applicable service or agency
directives.
Sec. 634.25 Installation traffic codes.
(a) Installation or activity commanders will establish a traffic
code for operation of motor vehicles on the installation. Commanders in
overseas areas will establish a traffic code, under provisions of this
part, to the extent military authority is empowered to regulate traffic
on the installation under the applicable SOFA. Traffic codes will
contain the rules of the road (parking violations, towing instructions,
safety equipment, and other key provisions). These codes will, where
possible, conform to the code of the State or host nation in which the
installation is located. In addition, the development and publication of
installation traffic codes will be based on the following:
(1) Highway Safety Program Standards (23 U.S.C. 402).
(2) Applicable portions of the Uniform Vehicle Code and Model
Traffic Ordinance published by the National Committee on Uniform Traffic
Laws and Ordinances.
(b) The installation traffic code will contain policy and procedures
for the towing, searching, impounding, and inventorying of POVs. These
provisions should be well publicized and contain the following:
(1) Specific violations and conditions under which the POV will be
impounded and towed.
(2) Procedures to immediately notify the vehicle owner.
(3) Procedures for towing and storing impounded vehicles.
(4) Actions to dispose of the vehicle after lawful impoundment.
(5) Violators are responsible for all costs of towing, storage and
impounding of vehicles for other than evidentiary reasons.
(c) Installation traffic codes will also contain the provisions
discussed as follows: (Army users, see AR 385-55).
(1) Motorcycles and mopeds. For motorcycles and other self-
propelled, open, two-wheel, three-wheel, and four-wheel vehicles powered
by a motorcycle-type engine, the following traffic rules apply:
(i) Headlights will be on at all times when in operation.
(ii) A rear view mirror will be attached to each side of the
handlebars.
(iii) Approved protective helmets, eye protection, hard-soled shoes,
long trousers and brightly colored or reflective outer upper garment
will be worn by operators and passengers when in operation.
(2) Restraint systems. (i) Restraint systems (seat belts) will be
worn by all operators and passengers of U.S. Government vehicles on or
off the installation.
(ii) Restraint systems will be worn by all civilian personnel
(family members, guests, and visitors) driving or riding in a POV on the
installation.
(iii) Restraint systems will be worn by all military service members
and Reserve Component members on active Federal service driving or
riding in a POV whether on or off the installation.
(iv) Infant/child restraint devices (car seats) will be required in
POVs for children 4 years old or under and not exceeding 45 pounds in
weight.
(v) Restraint systems are required only in vehicles manufactured
after model year 1966.
(3) Driver distractions. Vehicle operators on a DoD Installation and
operators of Government owned vehicles shall not use cell phones unless
the vehicle is safely parked or unless they are using a hands-free
device. The wearing of any other portable headphones, earphones, or
other listening devices (except for hand-free cellular phones) while
operating a motor vehicle is prohibited. Use of those devices impairs
driving and masks or prevents recognition of emergency signals, alarms,
announcements, the approach of vehicles, and human speech. DoD Component
safety guidance should note the potential for driver distractions such
as eating and drinking, operating radios, CD players, global positioning
equipment, etc. Whenever possible this should only be done when the
vehicle is safely parked.
[[Page 35]]
(d) Only administrative actions (reprimand, assessment of points,
loss of on-post driving privileges, or other actions) will be initiated
against service members for off-post violations of the installation
traffic code.
(e) In States where traffic law violations are State criminal
offenses, such laws are made applicable under the provisions of 18
U.S.C. 13 to military installations having concurrent or exclusive
Federal jurisdiction.
(f) In those States where violations of traffic law are not
considered criminal offenses and cannot be assimilated under 18 U.S.C.,
DODD 5525.4, enclosure 1 expressly adopts the vehicular and pedestrian
traffic laws of such States and makes these laws applicable to military
installations having concurrent or exclusive Federal jurisdiction. It
also delegates authority to installation commanders to establish
additional vehicular and pedestrian traffic rules and regulations for
their installations. Persons found guilty of violating the vehicular and
pedestrian traffic laws made applicable on the installation under
provisions of that directive are subject to a fine as determined by the
local magistrate or imprisonment for not more than 30 days, or both, for
each violation. In those States where traffic laws cannot be
assimilated, an extract copy of this paragraph (f) and a copy of the
delegation memorandum in DODD 5525.4, enclosure 1, will be posted in a
prominent place accessible to persons assigned, living, or working on
the installation.
(g) In those States where violations of traffic laws cannot be
assimilated because the Federal Government's jurisdictional authority on
the installation or parts of the installation is only proprietary,
neither 18 U.S.C. 13 nor the delegation memorandum in DoDD 5525.4,
enclosure 1, will permit enforcement of the State's traffic laws in
Federal courts. Law enforcement authorities on those military
installations must rely on either administrative sanctions related to
the installation driving privilege or enforcement of traffic laws by
State law enforcement authorities.
Sec. 634.26 Traffic law enforcement principles.
(a) Traffic law enforcement should motivate drivers to operate
vehicles safely within traffic laws and regulations and maintain an
effective and efficient flow of traffic. Effective enforcement should
emphasize voluntary compliance by drivers and can be achieved by the
following actions:
(1) Publishing a realistic traffic code well known by all personnel.
(2) Adopting standard signs, markings, and signals in accordance
with NHSPS and the Manual on Uniform Traffic Control Devices for Streets
and Highways.
(3) Ensuring enforcement personnel establish courteous, personal
contact with drivers and act promptly when driving behavior is improper
or a defective vehicle is observed in operation.
(4) Maintaining an aggressive program to detect and apprehend
persons who drive while privileges are suspended or revoked.
(5) Using sound discretion and judgment in deciding when to
apprehend, issue citations, or warn the offender.
(b) Selective enforcement will be used when practical. Selective
enforcement deters traffic violations and reduces accidents by the
presence or suggested presence of law enforcement personnel at places
where violations, congestion, or accidents frequently occur. Selective
enforcement applies proper enforcement measures to traffic congestion
and focuses on selected time periods, conditions, and violations that
cause accidents. Law enforcement personnel use selective enforcement
because that practice is the most effective use of resources.
(c) Enforcement activities against intoxicated driving will
include--
(1) Detecting, apprehending, and testing persons suspected of
driving under the influence of alcohol or drugs.
(2) Training law enforcement personnel in special enforcement
techniques.
(3) Enforcing blood-alcohol concentration standards. (See Sec.
634.34).
(4) Denying installation driving privileges to persons whose use of
alcohol or other drugs prevents safe operation of a motor vehicle.
[[Page 36]]
(d) Installation officials will formally evaluate traffic
enforcement on a regular basis. That evaluation will examine procedures
to determine if the following elements of the program are effective in
reducing traffic accidents and deaths:
(1) Selective enforcement measures;
(2) Suspension and revocation actions; and
(3) Chemical breath-testing programs.
Sec. 634.27 Speed-measuring devices.
Speed-measuring devices will be used in traffic control studies and
enforcement programs. Signs may be posted to indicate speed-measuring
devices are being used.
(a) Equipment purchases. Installations will ensure operators attend
an appropriate training program for the equipment in use.
(b) Training and certification standards. (1) The commander of each
installation using traffic radar will ensure that personnel selected as
operators of such devices meet training and certification requirements
prescribed by the State (or SOFA) in which the installation is located.
Specific information on course dates, costs, and prerequisites for
attending may be obtained by contacting the State agency responsible for
police traffic radar training.
(2) Installation commanders located in States or overseas areas
where no formal training program exists, or where the military personnel
are unable or ineligible to participate in police traffic radar training
programs, may implement their own training program or use a selected
civilian institution or manufacturer's course.
(3) The objective of the civilian or manufacturer-sponsored course
is to improve the effectiveness of speed enforcement through the proper
and efficient use of speed-measurement radar. On successful completion,
the course graduate must be able to--
(i) Describe the association between excessive speed and accidents,
deaths, and injuries, and describe the traffic safety benefits of
effective speed control.
(ii) Describe the basic principles of radar speed measurement.
(iii) Identify and describe the Service's policy and procedures
affecting radar speed measurement and speed enforcement.
(iv) Identify the specific radar instrument used and describe the
instrument's major components and functions.
(v) Demonstrate basic skills in checking calibration and operating
the specific radar instrument(s).
(vi) Demonstrate basic skills in preparing and presenting records
and courtroom testimony relating to radar speed measurement and
enforcement.
(c) Recertification. Recertification of operators will occur every 3
years, or as prescribed by State law.
Sec. 634.28 Traffic accident investigation.
Installation law enforcement personnel must make detailed
investigations of accidents described in this section:
(a) Accidents involving Government vehicles or Government property
on the installation involving a fatality, personal injury, or estimated
property damage in the amount established by separate Service/DLA
policy. (Minimum damage limits are: Army, $1,000; Air Force, as
specified by the installation commander; Navy and Marine Corps, $500.)
The installation motor pool will provide current estimates of the cost
of repairs. Investigations of off-installation accidents involving
Government vehicles will be made in cooperation with the civilian law
enforcement agency.
(b) POV accidents on the installation involving a fatality, personal
injury, or when a POV is inoperable as a result of an accident.
(c) Any accident prescribed within a SOFA agreement.
Sec. 634.29 Traffic accident investigation reports.
(a) Accidents requiring immediate reports. The driver or owner of
any vehicle involved in an accident, as described in Sec. 634.28, on
the installation, must immediately notify the installation law
enforcement office. The operator of any Government vehicle involved in a
similar accident off the installation must immediately notify the local
civilian law enforcement agency
[[Page 37]]
having jurisdiction, as well as law enforcement personnel of the nearest
military installation.
(b) Investigation records. Installation law enforcement officials
will record traffic accident investigations on Service/DLA forms.
Information will be released according to Service/DLA policy, the
Privacy Act, and the Freedom of Information Act.
(c) Army law enforcement officers. These officers provide the local
Safety Office copies of traffic accident investigation reports
pertaining to accidents investigated by military police that resulted in
a fatality, personal injury, or estimated damage to Government vehicles
or property in excess of $1,000.
(d) POV accidents not addressed in Sec. 634.28. Guidance for
reporting these cases is provided as follows:
(1) Drivers or owners of POVs will be required to submit a written
report to the installation law enforcement office within 24 hours of an
accident in the following cases, with all information listed in
paragraph (d)(3) of this section:
(i) The accident occurs on the installation.
(ii) The accident involves no personal injury.
(iii) The accident involves only minor damage to the POV and the
vehicle can be safely and normally driven from the scene under its own
power.
(2) Information in the written report cannot be used in criminal
proceedings against the person submitting it unless it was originally
categorized a hit and run and the violator is the person submitting the
report. Rights advisement will be given prior to any criminal traffic
statements provided by violators. Within the United States, the
installation law enforcement official may require such reporting on
Service forms or forms of the State jurisdiction.
(3) Reports required in paragraph (d) (1) of this section by the
Army will include the following about the accident:
(i) Location, date, and time.
(ii) Identification of all drivers, pedestrians, and passengers
involved.
(iii) Identification of vehicles involved.
(iv) Speed and direction of travel of each vehicle involved,
including a sketch of the collision and roadway with street names and
north arrow.
(v) Property damage involved.
(vi) Environmental conditions at the time of the incident (weather,
visibility, road surface condition, and other factors).
(vii) A narrative description of the events and circumstances
concerning the accident.
Sec. 634.30 Use of traffic accident investigation report data.
(a) Data derived from traffic accident investigation reports and
from vehicle owner accident reports will be analyzed to determine
probable causes of accidents. When frequent accidents occur at a
location, the conditions at the location and the types of accidents
(collision diagram) will be examined.
(b) Law enforcement personnel and others who prepare traffic
accident investigation reports will indicate whether or not seat
restraint devices were being used at the time of the accident.
(c) When accidents warrant, an installation commander may establish
a traffic accident review board. The board will consist of law
enforcement, engineer, safety, medical, and legal personnel. The board
will determine principal factors leading to the accident and recommend
measures to reduce the number and severity of accidents on and off the
installation. (The Air Force will use Traffic Safety Coordinating
Groups. The Navy will use Traffic Safety Councils per OPNAVINST 5100.12
Series).
(d) Data will be shared with the installation legal, engineer,
safety, and transportation officers. The data will be used to inform and
educate drivers and to conduct traffic engineering studies.
(e) Army traffic accident investigation reports will be provided to
Army Centralized Accident Investigation of Ground Accidents (CAIG)
boards on request. The CAIG boards are under the control of the
Commander, U.S. Army Safety Center, Fort Rucker, AL 36362-5363. These
boards investigate Class A, on-duty, non-POV accidents and other
selected accidents Army-wide (See AR 385-40). Local commanders provide
additional board members as required to
[[Page 38]]
complete a timely and accurate investigation. Normally, additional board
members are senior equipment operators, maintenance officer, and medical
officers. However, specific qualifications of the additional board
members may be dictated by the nature of the accident.
(f) The CAIG program is not intended to interfere with, impede, or
delay law enforcement agencies in the execution of regulatory
responsibilities that apply to the investigation of accidents for a
determination of criminal intent or criminal acts. Criminal
investigations have priority.
(g) Army law enforcement agencies will maintain close liaison and
cooperation with CAIG boards. Such cooperation, particularly with
respect to interviews of victims and witnesses and in collection and
preservation of physical evidence, should support both the CAIG and law
enforcement collateral investigations.
Sec. 634.31 Parking.
(a) The most efficient use of existing on- and off-street parking
space should be stressed on a nonreserved (first-come, first-served)
basis.
(b) Reserved parking facilities should be designated as parking by
permit or numerically by category of eligible parkers. Designation of
parking spaces by name, grade, rank, or title should be avoided.
(c) Illegal parking contributes to congestion and slows traffic flow
on an installation. Strong enforcement of parking restrictions results
in better use of available parking facilities and eliminates conditions
causing traffic accidents.
(d) The ``Denver boot'' device is authorized for use as a technique
to assist in the enforcement of parking violations where immobilization
of the POV is necessary for safety. Under no circumstances should the
device be used to punish or ``teach a lesson'' to violators. Booting
should not be used if other reasonably effective but less restrictive
means of enforcement (such as warnings, ticketing, reprimands,
revocations, or suspensions of on-post driving privileges) are
available. Procedures for booting must be developed as follows:
(1) Local standing operating procedures (SOPs) must be developed to
control the discretion of enforcers and limit booting to specific
offenses. SOPs should focus on specific reasons for booting, such as
immobilization of unsafe, uninspected, or unregistered vehicles or
compelling the presence of repeat offenders. All parking violations must
be clearly outlined in the installation traffic code.
(2) Drivers should be placed on notice that particular violations or
multiple violations may result in booting. Also, drivers must be
provided with a prompt hearing and an opportunity to obtain the release
of their property.
(3) To limit liability, drivers must be warned when a boot is
attached to their vehicle and instructed how to have the boot removed
without damaging the vehicle.
Sec. 634.32 Traffic violation reports.
(a) Most traffic violations occurring on DOD installations (within
the UNITED STATES or its territories) should be referred to the proper
U.S. Magistrate. (Army, see AR 190-29; DLA, see DLAI 5720.4; and Air
Force, see AFI 51-905). However, violations are not referred when--
(1) The operator is driving a Government vehicle at the time of the
violation.
(2) A Federal Magistrate is either not available or lacks
jurisdiction to hear the matter because the violation occurred in an
area where the Federal Government has only proprietary legislative
jurisdiction.
(3) Mission requirements make referral of offenders impractical.
(4) A U.S. Magistrate is available but the accused refuses to
consent to the jurisdiction of the court and the U.S. Attorney refuses
to process the case before a U.S. District Court. For the Navy, DUI and
driving under the influence of drugs cases will be referred to the
Federal Magistrate.
(b) Installation commanders will establish administrative procedures
for processing traffic violations.
(1) All traffic violators on military installations will be issued
either a DD Form 1408 (Armed Forces Traffic Ticket) or a DD Form 1805
(United States
[[Page 39]]
District Court Violation Notice), as appropriate. Unless specified
otherwise by separate Service/DLA policy, only on-duty law enforcement
personnel (including game wardens) designated by the installation law
enforcement officer may issue these forms. Air Force individuals
certified under the Parking Traffic Warden Program may issue DD Form
1408 in areas under their control.
(2) A copy of all reports on military personnel and DOD civilian
employees apprehended for intoxicated driving will be forwarded to the
installation alcohol and drug abuse facility.
(c) Installation commanders will establish procedures used for
disposing of traffic violation cases through administrative or judicial
action consistent with the Uniform Code of Military Justice (UCMJ) and
Federal law.
(d) DD Form 1805 will be used to refer violations of State traffic
laws made applicable to the installation (Assimilative Crimes Act (18
U.S.C. 13) and the delegation memorandum in DoDD 5525.4, enclosure 1,
and other violations of Federal law) to the U.S. Magistrate. (Army
users, see AR 190-29.)
(1) A copy of DD Form 1805 and any traffic violation reports on
military personnel and DOD civilian employees will be forwarded to the
commander or supervisor of the violator. DA form 3975 may be used to
forward the report.
(2) Detailed instructions for properly completing DD Form 1805 are
contained in separate Service policy directives.
(3) The assimilation of State traffic laws as Federal offenses
should be identified by a specific State code reference in the CODE
SECTION block of the DD Form 1805 (or in a complaint filed with the U.S.
Magistrate).
(4) The Statement of Probable Cause on the DD Form 1805 will be used
according to local staff judge advocate and U.S. Magistrate court
policy. The Statement of Probable Cause is required by the Federal
misdemeanor rules to support the issuance of a summons or arrest
warrant.
(5) For cases referred to U.S. Magistrates, normal distribution of
DD Form 1805 will be as follows:
(i) The installation law enforcement official will forward copy 1
(white) and copy 2 (yellow) to the U.S. District Court (Central
Violation Bureau).
(ii) The installation law enforcement office will file copy 3
(pink).
(iii) Law enforcement personnel will provide copy 4 (envelope) to
the violator.
(e) When DD Form 1408 is used, one copy (including written warnings)
will be forwarded through command channels to the service member's
commander, to the commander of the military family member's sponsor, or
to the civilian's supervisor or employer as the installation commander
may establish.
(1) Previous traffic violations committed by the offender and points
assessed may be shown.
(2) For violations that require a report of action taken, the DD
Form 1408 will be returned to the office of record through the reviewing
authority as the installation commander may establish.
(3) When the report is received by the office of record, that office
will enter the action on the violator's driving record.
Sec. 634.33 Training of law enforcement personnel.
(a) As a minimum, installation law enforcement personnel will be
trained to do the following:
(1) Recognize signs of alcohol and other drug impairment in persons
operating motor vehicles.
(2) Prepare DD Form 1920 (Alcohol Influence Report).
(3) Perform the three field tests of the improved sobriety testing
techniques (Sec. 634.36 (b)).
(4) Determine when a person appears intoxicated but is actually
physically or mentally ill and requires prompt medical attention.
(5) Understand the operation of breath-testing devices.
(b) Each installation using breath-testing devices will ensure that
operators of these devices--
(1) Are chosen for integrity, maturity, and sound judgment.
(2) Meet certification requirements of the State where the
installation is located.
(c) Installations located in States or overseas areas having a
formal breath-testing and certification program
[[Page 40]]
should ensure operators attend that training.
(d) Installations located in States or overseas areas with no formal
training program will train personnel at courses offered by selected
civilian institutions or manufacturers of the equipment.
(e) Operators must maintain proficiency through refresher training
every 18 months or as required by the State.
Sec. 634.34 Blood alcohol concentration standards.
(a) Administrative revocation of driving privileges and other
enforcement measures will be applied uniformly to offenders driving
under the influence of alcohol or drugs. When a person is tested under
the implied consent provisions of Sec. 634.8, the results of the test
will be evaluated as follows:
(1) If the percentage of alcohol in the person's blood is less than
0.05 percent, presume the person is not under the influence of alcohol.
(2) If the percentage is 0.05 but less than 0.08, presume the person
may be impaired. This standard may be considered with other competent
evidence in determining whether the person was under the influence of
alcohol.
(3) If the percentage is 0.08 or more, or if tests reflect the
presence of illegal drugs, the person was driving while intoxicated.
(b) Percentages in paragraph (a) of this section are percent of
weight by volume of alcohol in the blood based on grams of alcohol per
100 milliliters of blood. These presumptions will be considered with
other evidence in determining intoxication.
Sec. 634.35 Chemical testing policies and procedures.
(a) Validity of chemical testing. Results of chemical testing are
valid under this part only under the following circumstances:
(1) Blood, urine, or other bodily substances are tested using
generally accepted scientific and medical methods and standards.
(2) Breath tests are administered by qualified personnel (Sec.
634.33).
(3) An evidential breath-testing device approved by the State or
host nation is used. For Army, Air Force, and Marine Corps, the device
must also be listed on the NHTSA conforming products list published in
the ``Conforming Products List for instruments that conform to the Model
Specification for Evidential Breath Testing Devices (58 FR 48705), and
amendments.''
(4) Procedures established by the State or host nation or as
prescribed in paragraph (b) of this section are followed.
(b) Breath-testing device operational procedures. If the State or
host nation has not established procedures for use of breath-testing
devices, the following procedures will apply:
(1) Screening breath-testing devices will be used--
(i) During the initial traffic stop as a field sobriety testing
technique, along with other field sobriety testing techniques, to
determine if further testing is needed on an evidential breath-testing
device.
(ii) According to manufacture operating instructions. (For Army, Air
Force and Marine Corps, the screening breath-testing device must also be
listed on the NHTSA conforming products list published in the ``Model
Specifications for Evidential Breath Testers'' (September 17, 1993, 58
FR 48705).
(2) Evidential breath-testing devices will be used as follows:
(i) Observe the person to be tested for at least 15 minutes before
collecting the breath specimen. During this time, the person must not
drink alcoholic beverages or other fluids, eat, smoke, chew tobacco, or
ingest any substance.
(ii) Verify calibration and proper operation of the instrument by
using a control sample immediately before the test.
(iii) Comply with operational procedures in the manufacturer's
current instruction manual.
(iv) Perform preventive maintenance as required by the instruction
manual.
(c) Chemical tests of personnel involved in fatal accidents. (1)
Installation medical authorities will immediately notify the
installation law enforcement officer of--
(i) The death of any person involved in a motor vehicle accident.
(ii) The circumstances surrounding such an accident, based on
information
[[Page 41]]
available at the time of admission or receipt of the body of the victim.
(2) Medical authorities will examine the bodies of those persons
killed in a motor vehicle accident to include drivers, passengers, and
pedestrians subject to military jurisdiction. They will also examine the
bodies of dependents, who are 16 years of age or older, if the sponsors
give their consent. Tests for the presence and concentration of alcohol
or other drugs in the person's blood, bodily fluids, or tissues will be
made as soon as possible and where practical within 8 hours of death.
The test results will be included in the medical reports.
(3) As provided by law and medical conditions permitting, a blood or
breath sample will be obtained from any surviving operator whose vehicle
is involved in a fatal accident.
Sec. 634.36 Detection, apprehension, and testing of intoxicated drivers.
(a) Law enforcement personnel usually detect drivers under the
influence of alcohol or other drugs by observing unusual or abnormal
driving behavior. Drivers showing such behavior will be stopped
immediately. The cause of the unusual driving behavior will be
determined, and proper enforcement action will be taken.
(b) When a law enforcement officer reasonably concludes that the
individual driving or in control of the vehicle is impaired, field
sobriety tests should be conducted on the individual. The DD Form 1920
may be used by law enforcement agencies in examining, interpreting, and
recording results of such tests. Law enforcement personnel should use a
standard field sobriety test (such as one-leg stand or walk and turn)
horizontal gaze nystagmus tests as sanctioned by the National Highway
Traffic and Safety Administration, and screening breath-testing devices
to conduct field sobriety tests.
Sec. 634.37 Voluntary breath and bodily fluid testing based on
implied consent.
(a) Implied consent policy is explained in Sec. 634.8.
(b) Tests may be administered only if the following conditions are
met:
(1) The person was lawfully stopped while driving, operating, or in
actual physical control of a motor vehicle on the installation.
(2) Reasonable suspicion exists to believe that the person was
driving under the influence of alcohol or drugs.
(3) A request was made to the person to consent to the tests
combined with a warning that failure to voluntarily submit to or
complete a chemical test of bodily fluids or breath will result in the
revocation of driving privileges.
(c) As stated in paragraphs (a) and (b) of this section, the law
enforcement official relying on implied consent will warn the person
that driving privileges will be revoked if the person fails to
voluntarily submit to or complete a requested chemical test. The person
does not have the right to have an attorney present before stating
whether he or she will submit to a test, or during the actual test.
Installation commanders will prescribe the type or types of chemical
tests to be used. Testing will follow policies and procedures in Sec.
634.35. The results of chemical tests conducted under the implied
consent provisions of this part may be used as evidence in courts-
martial, nonjudicial proceedings under Article 15 of the UCMJ,
administrative actions, and civilian courts.
(d) Special rules exist for persons who have hemophilia, other
blood-clotting disorders, or any medical or surgical disorder being
treated with an anticoagulant. These persons--
(1) May refuse a blood extraction test without penalty.
(2) Will not be administered a blood extraction test to determine
alcohol or other drug concentration or presence under this part.
(3) May be given breath or urine tests, or both.
(e) If a person suspected of intoxicated driving refuses to submit
to a chemical test, a test will not be administered except as specified
in Sec. 634.38.
Sec. 634.38 Involuntary extraction of bodily fluids in traffic cases.
(a) General. The procedures outlined in this section pertain only to
the investigation of individuals stopped, apprehended, or cited on a
military installation for any offense related to
[[Page 42]]
driving a motor vehicle and for whom probable cause exists to believe
that such individual is intoxicated. Extractions of body fluids in
furtherance of other kinds of investigations are governed by the Manual
for Courts-Martial, United States, Military Rule of Evidence 315 (2002)
(MRE 315), and regulatory rules concerning requesting and granting
authorizations for searches.
(1) Air Force policy on nonconsensual extraction of blood samples is
addressed in AFI 44-102.
(2) Army and Marine Corps personnel should not undertake the
nonconsensual extraction of body fluids for reasons other than a valid
medical purpose without first obtaining the advice and concurrence of
the installation staff judge advocate or his or her designee.
(3) DLA policy on nonconsensual taking of blood samples is contained
in DLAR 5700.7.
(b) Rule. Involuntary bodily fluid extraction must be based on valid
search and seizure authorization. An individual subject to the UCMJ who
does not consent to chemical testing, as described in Sec. 634.37, may
nonetheless be subjected to an involuntary extraction of bodily fluids,
including blood and urine, only in accordance with the following
procedures:
(1) An individual subject to the UCMJ who was driving a motor
vehicle and suspected of being under the influence of an intoxicant may
be subjected to a nonconsensual bodily fluid extraction to test for the
presence of intoxicants only when there is a probable cause to believe
that such an individual was driving or in control of a vehicle while
under the influence of an intoxicant.
(i) A search authorization by an appropriate commander or military
magistrate obtained pursuant to MRE 315, is required prior to such
nonconsensual extraction.
(ii) A search authorization is not required under such circumstances
when there is a clear indication that evidence of intoxication will be
found and there is reason to believe that the delay necessary to obtain
a search authorization would result in the loss or destruction of the
evidence sought.
(iii) Because warrantless searches are subject to close scrutiny by
the courts, obtaining an authorization is highly preferable. Warrantless
searches generally should be conducted only after coordination with the
servicing staff judge advocate or legal officer, and attempts to obtain
authorization from an appropriate official prove unsuccessful due to the
unavailability of a commander or military magistrate.
(2) If authorization from the military magistrate or commander
proves unsuccessful due to the unavailability of such officials, the
commander of a medical facility is empowered by MRE 315, to authorize
such extraction from an individual located in the facility at the time
the authorization is sought.
(i) Before authorizing the involuntary extraction, the commander of
the medical facility should, if circumstances permit, coordinate with
the servicing staff judge advocate or legal officer.
(ii) The medical facility commander authorizing the extraction under
MRE 315 need not be on duty as the attending physician at the facility
where the extraction is to be performed and the actual extraction may be
accomplished by other qualified medical personnel.
(iii) The authorizing official may consider his or her own
observations of the individual in determining probable cause.
(c) Role of medical personnel. Authorization for the nonconsensual
extraction of blood samples for evidentiary purposes by qualified
medical personnel is independent of, and not limited by, provisions
defining medical care, such as the provision for nonconsensual medical
care pursuant to AR 600-20, section IV. Extraction of blood will be
accomplished by qualified medical personnel. (See MRE 312(g)).
(1) In performing this duty, medical personnel are expected to use
only that amount of force that is reasonable and necessary to administer
the extraction.
(2) Any force necessary to overcome an individual's resistance to
the extraction normally will be provided by law enforcement personnel or
by personnel acting under orders from the member's unit commander.
[[Page 43]]
(3) Life endangering force will not be used in an attempt to effect
nonconsensual extractions.
(4) All law enforcement and medical personnel will keep in mind the
possibility that the individual may require medical attention for
possible disease or injury.
(d) Nonconsensual extractions of blood will be done in a manner that
will not interfere with or delay proper medical attention. Medical
personnel will determine the priority to be given involuntary blood
extractions when other medical treatment is required.
(e) Use of Army medical treatment facilities and personnel for blood
alcohol testing has no relevance to whether or not the suspect is
eligible for military medical treatment. The medical effort in such
instances is in support of a valid military mission (law enforcement),
not related to providing medical treatment to an individual.
Sec. 634.39 Testing at the request of the apprehended person.
(a) A person subject to tests under Sec. 634.8 may request that an
additional test be done privately. The person may choose a doctor,
qualified technician, chemist, registered nurse, or other qualified
person to do the test. The person must pay the cost of the test. The
test must be a chemical test approved by the State or host nation in an
overseas command. All tests will be completed as soon as possible, with
any delay being noted on the results.
(b) If the person requests this test, the suspect is responsible for
making all arrangements. If the suspect fails to or cannot obtain any
additional test, the results of the tests that were done at the
direction of a law enforcement official are not invalid and may still be
used to support actions under separate Service regulations, UCMJ, and
the U.S. Magistrate Court.
Sec. 634.40 General off installation traffic activities.
In areas not under military control, civil authorities enforce
traffic laws. Law enforcement authorities will establish a system to
exchange information with civil authorities. Army and Air Force
installation law enforcement authorities will establish a system to
exchange information with civil authorities to enhance the chain of
command's visibility of a soldier's and airman's off post traffic
violations. These agreements will provide for the assessment of traffic
points based on reports from state licensing authorities involving Army
military personnel. The provisions of subpart E of this part and the VRS
automated system provide for the collection of off post traffic incident
reports and data. As provided in AR 190-45, civilian law enforcement
agencies are considered routine users of Army law enforcement data and
will be granted access to data when available from Army law enforcement
systems of records. Off-installation traffic activities in overseas
areas are governed by formal agreements with the host nation government.
Procedures should be established to process reports received from civil
authorities on serious traffic violations, accidents, and intoxicated
driving incidents involving persons subject to this part. The exchange
of information is limited to Army and Air Force military personnel.
Provost marshals will not collect and use data concerning civilian
employees, family members, and contract personnel except as allowed by
state and Federal laws.
Sec. 634.41 Compliance with State laws.
(a) Installation commanders will inform service members, contractors
and DOD civilian employees to comply with State and local traffic laws
when operating government motor vehicles.
(b) Commanders will coordinate with the proper civil law enforcement
agency before moving Government vehicles that exceed legal limits or
regulations or that may subject highway users to unusual hazards. (See
AR 55-162/OPNAVINST 4600.11D/AFJI 24-216/MCO 4643.5C).
(c) Installation commanders will maintain liaison with civil
enforcement agencies and encourage the following:
(1) Release of a Government vehicle operator to military authorities
unless one of the following conditions exists.
(i) The offense warrants detention.
[[Page 44]]
(ii) The person's condition is such that further operation of a
motor vehicle could result in injury to the person or others.
(2) Prompt notice to military authorities when military personnel or
drivers of Government motor vehicles have--
(i) Committed serious violations of civil traffic laws.
(ii) Been involved in traffic accidents.
(3) Prompt notice of actions by a State or host nation to suspend,
revoke, or restrict the State or host nation driver's license (vehicle
operation privilege) of persons who--
(i) Operate Government motor vehicles.
(ii) Regularly operate a POV on the installation. (See also Sec.
634.16).
Sec. 634.42 Civil-military cooperative programs.
(a) State-Armed Forces Traffic Workshop Program. This program is an
organized effort to coordinate military and civil traffic safety
activities throughout a State or area. Installation commanders will
cooperate with State and local officials in this program and provide
proper support and participation.
(b) Community-Installation Traffic Workshop Program. Installation
commanders should establish a local workshop program to coordinate the
installation traffic efforts with those of local communities. Sound and
practical traffic planning depends on a balanced program of traffic
enforcement, engineering, and education. Civilian and military legal and
law enforcement officers, traffic engineers, safety officials, and
public affairs officers should take part.
Subpart E_Driving Records and the Traffic Point System
Sec. 634.43 Driving records.
Each Service and DLA will use its own form to record vehicle traffic
accidents, moving violations, suspension or revocation actions, and
traffic point assessments involving military and DOD civilian personnel,
their family members, and other personnel operating motor vehicles on a
military installation. Army installations will use DA Form 3626 (Vehicle
Registration/Driver Record) for this purpose. Table 5-1 of Part 634
prescribes mandatory minimum or maximum suspension or revocation
periods. Traffic points are not assessed for suspension or revocation
actions.
Table 5-1 of Part 634 Suspension/Revocation of Driving Privileges (See
Notes 1 and 2)
Assessment 1: Two-year revocation is mandatory on determination of
facts by installation commander. (For Army, 5-year revocation is
mandatory.)
Violation: Driving while driver's license or installation driving
privileges are under suspension or revocation.
Assessment 2: One-year revocation is mandatory on determination of
facts by installation commander.
Violation: Refusal to submit to or failure to complete chemical
tests (implied consent).
Assessment 3: One-year revocation is mandatory on conviction.
Violation: A. Manslaughter (or negligent homicide by vehicle)
resulting from the operation of a motor vehicle.
B. Driving or being in actual physical control of a motor vehicle
while under the influence of intoxicating liquor (0.08% or greater on
DOD installations; violation of civil law off post).
C. Driving a motor vehicle while under the influence of any
narcotic, or while under the influence of any other drug (including
alcohol) to the degree rendered incapable of safe vehicle operation.
D. Use of a motor vehicle in the commission of a felony. Fleeing the
scene of an accident involving death or personal injury (hit and run).
E. Perjury or making a false statement or affidavit under oath to
responsible officials relating to the ownership or operation of motor
vehicles.
F. Unauthorized use of a motor vehicle belonging to another, when
the act does not amount to a felony.
Assessment 4: Suspension for a period of 6 months or less or
revocation for a period not to exceed 1 year is discretionary.
Violation: A. Mental or physical impairment (not including alcohol
or other drug use) to the degree rendered incompetent to drive.
B. Commission of an offense in another State which, if committed on
the installation, would be grounds for suspension or revocation.
C. Permitting an unlawful or fraudulent use of an official driver's
license.
D. Conviction of fleeing, or attempting to elude, a police officer.
E. Conviction of racing on the highway.
[[Page 45]]
Assessment 5: Loss of OF 46 for minimum of 6 months is
discretionary.
Violation: Receiving a second 1-year suspension or revocation of
driving privileges within 5 years.
Notes
1. When imposing a suspension or revocation because of an off-
installation offense, the effective date should be the same as the date
of civil conviction, or the date that State or host-nation driving
privileges are suspended or revoked. This effective date can be
retroactive.
2. No points are assessed for revocation or suspension actions.
Except for implied consent violations, revocations must be based on a
conviction by a civilian court or courts-martial, nonjudicial punishment
under Article 15, UCMJ, or a separate hearing as addressed in this part.
If revocation for implied consent is combined with another revocation,
such as 1 year for intoxicated driving, revocations may run
consecutively (total of 24 months) or concurrently (total of 12 months).
The installation commander's policy should be applied systematically and
not on a case-by-case basis.
Sec. 634.44 The traffic point system.
The traffic point system provides a uniform administrative device to
impartially judge driving performance of Service and DLA personnel. This
system is not a disciplinary measure or a substitute for punitive
action. Further, this system is not intended to interfere in any way
with the reasonable exercise of an installation commander's prerogative
to issue, suspend, revoke, deny, or reinstate installation driving
privileges.
Sec. 634.45 Point system application.
(a) The Services and DLA are required to use the point system and
procedures prescribed in this section without change.
(b) The point system in table 5-2 of this part applies to all
operators of U.S. Government motor vehicles, on or off Federal property.
The system also applies to violators reported to installation officials
in accordance with Sec. 634.32.
(c) Points will be assessed when the person is found to have
committed a violation and the finding is by either the unit commander,
civilian supervisor, a military or civilian court (including a U.S.
Magistrate), or by payment of fine, forfeiture of pay or allowances, or
posted bond, or collateral.
Table 5-2 of Part 634 Point Assessment for Moving Traffic Violations
(See Note 1)
A. Violation: Reckless driving (willful and wanton disregard for the
safety of persons or property).
Points assessed: 6
B. Violation: Owner knowingly and willfully permitting a physically
impaired person to operate the owner's motor vehicle.
Points assessed: 6
C. Violation: Fleeing the scene (hit and run)-property damage only.
Points assessed: 6
D. Violation: Driving vehicle while impaired (blood-alcohol content more
than 0.05 percent and less than 0.08 percent).
Points assessed: 6
E. Violation: Speed contests.
Points assessed: 6
F. Violation: Speed too fast for conditions.
Points assessed: 2
G. Violation: Speed too slow for traffic conditions, and/or impeding the
flow of traffic, causing potential safety hazard.
Points assessed: 2
H. Violation: Failure of operator or occupants to use available
restraint system devices while moving (operator assessed
points).
Points assessed: 2
I. Violation: Failure to properly restrain children in a child restraint
system while moving (when child is 4 years of age or younger
or the weight of child does not exceed 45 pounds).
Points assessed: 2
J. Violation: One to 10 miles per hour over posted speed limit.
Points assessed: 3
K. Violation: Over 10 but not more than 15 miles per hour above posted
speed limit.
Points assessed: 4
L. Violation: Over 15 but not more than 20 miles per hour above posted
speed limit.
Points assessed: 5
M. Violation: Over 20 miles per hour above posted speed limit.
Points assessed: 6
N. Violation: Following too close.
Points assessed: 4
O. Violation: Failure to yield right of way to emergency vehicle.
Points assessed: 4
P. Violation: Failure to stop for school bus or school-crossing signals.
Points assessed: 4
Q. Violation: Failure to obey traffic signals or traffic instructions of
an enforcement officer or traffic warden; or any official
regulatory traffic sign or device requiring a full stop or
yield of right of way; denying entry; or requiring direction
of traffic.
[[Page 46]]
Points assessed: 4
R. Violation: Improper passing.
Points assessed: 4
S. Violation: Failure to yield (no official sign involved).
Points assessed: 4
T. Violation: Improper turning movements (no official sign involved).
Points assessed: 3
U. Violation: Wearing of headphones/earphones while driving motor
vehicles (two or more wheels).
Points assessed: 3
V. Violation: Failure to wear an approved helmet and/or reflectorized
vest while operating or riding on a motorcycle, MOPED, or a
three or four-wheel vehicle powered by a motorcycle-like
engine.
Points assessed: 3
W. Violation: Improper overtaking.
Points assessed: 3
X. Violation: Other moving violations (involving driver behavior only).
Points assessed: 3
Y. Violation: Operating an unsafe vehicle. (See Note 2).
Points assessed: 2
Z. Violation: Driver involved in accident is deemed responsible (only
added to points assessed for specific offenses).
Points assessed: 1
Notes
1. When two or more violations are committed on a single occasion,
points may be assessed for each individual violation.
2. This measure should be used for other than minor vehicle safety
defects or when a driver or registrant fails to correct a minor defect
(for example, a burned out headlight not replaced within the grace
period on a warning ticket).
Sec. 634.46 Point system procedures.
(a) Reports of moving traffic violations recorded on DD Form 1408 or
DD Form 1805 will serve as a basis for determining point assessment. For
DD Form 1408, return endorsements will be required from commanders or
supervisors.
(b) On receipt of DD Form 1408 or other military law enforcement
report of a moving violation, the unit commander, designated supervisor,
or person otherwise designated by the installation commander will
conduct an inquiry. The commander will take or recommend proper
disciplinary or administrative action. If a case involves judicial or
nonjudicial actions, the final report of action taken will not be
forwarded until final adjudication.
(c) On receipt of the report of action taken (including action by a
U.S. Magistrate Court on DD Form 1805), the installation law enforcement
officer will assess the number of points appropriate for the offense,
and record the traffic points or the suspension or revocation of driving
privileges on the person's driving record. Except as specified otherwise
in this part and other Service/DLA regulations, points will not be
assessed or driving privileges suspended or revoked when the report of
action taken indicates that neither disciplinary nor administrative
action was taken.
(d) Installation commanders may require the following driver
improvement measures as appropriate:
(1) Advisory letter through the unit commander or supervisor to any
person who has acquired six traffic points within a 6-month period.
(2) Counseling or driver improvement interview, by the unit
commander, of any person who has acquired more than six but less than 12
traffic points within a 6-month period. This counseling or interview
should produce recommendations to improve driver performance.
(3) Referral for medical evaluation when a driver, based on
reasonable belief, appears to have mental or physical limits that have
had or may have an adverse affect on driving performance.
(4) Attendance at remedial driver training to improve driving
performance.
(5) Referral to an alcohol or drug treatment or rehabilitation
facility for evaluation, counseling, or treatment. This action is
required for active military personnel in all cases in which alcohol or
other drugs are a contributing factor to a traffic citation, incident,
or accident.
(e) An individual's driving privileges may be suspended or revoked
as provided by this part regardless of whether these improvement
measures are accomplished.
(f) Persons whose driving privileges are suspended or revoked (for
one violation or an accumulation of 12 traffic points within 12
consecutive months, or 18 traffic points within 24 consecutive months)
will be notified in writing through official channels (Sec. 634.11).
Except for the mandatory minimum or
[[Page 47]]
maximum suspension or revocation periods prescribed by table 5-1 of this
part, the installation commander will establish periods of suspension or
revocation. Any revocation based on traffic points must be no less than
6 months. A longer period may be imposed on the basis of a person's
overall driving record considering the frequency, flagrancy, severity of
moving violations, and the response to previous driver improvement
measures. In all cases, military members must successfully complete a
prescribed course in remedial driver training before driving privileges
are reinstated.
(g) Points assessed against a person will remain in effect for point
accumulation purposes for 24 consecutive months. The review of driver
records to delete traffic points should be done routinely during records
update while recording new offenses and forwarding records to new duty
stations. Completion of a revocation based on points requires removal
from the driver record of all points assessed before the revocation.
(h) Removal of points does not authorize removal of driving record
entries for moving violations, chargeable accidents, suspensions, or
revocations. Record entries will remain posted on individual driving
records for the following periods of time.
(1) Chargeable nonfatal traffic accidents or moving violations--3
years.
(2) Nonmandatory suspensions or revocations--5 years.
(3) Mandatory revocations--7 years.
Sec. 634.47 Disposition of driving records.
Procedures will be established to ensure prompt notice to the
installation law enforcement officer when a person assigned to or
employed on the installation is being transferred to another
installation, being released from military service, or ending
employment.
(a) If persons being transferred to a new installation have valid
points or other entries on the driving records, the law enforcement
officer will forward the records to the law enforcement officer of the
gaining installation. Gaining installation law enforcement officers must
coordinate with applicable commanders and continue any existing
suspension or revocation based on intoxicated driving or accumulation of
traffic points. Traffic points for persons being transferred will
continue to accumulate as specified in Sec. 634.46 (g).
(b) Driving records of military personnel being discharged or
released from active duty will be retained on file for 2 years and then
destroyed. In cases of immediate reenlistment, change of officer
component or military or civilian retirement when vehicle registration
is continued, the record will remain active.
(c) Driving records of civilian personnel terminating employment
will be retained on file for 2 years and then destroyed.
(d) Driving records of military family members containing point
assessments or other entries will be forwarded to the sponsor's gaining
installation in the same manner as for service members. At the new
installation, records will be analyzed and made available temporarily to
the sponsor's unit commander or supervisor for review.
(e) Driving records of retirees electing to retain installation
driving privileges will be retained. Points accumulated or entries on
the driver record regarding suspensions, revocations, moving violations,
or chargeable accidents will not be deleted from driver records except
per Sec. 634.46 (g) and (h).
(f) Army users will comply with paragraphs (a) and (d) of this
section by mailing the individual's DA Form 3626 to the gaining
installation provost marshal.
Subpart F_Impounding Privately Owned Vehicles
Sec. 634.48 General.
This subpart provides the standards and procedures for law
enforcement personnel when towing, inventorying, searching, impounding,
and disposing of POVs. This policy is based on:
(a) The interests of the Services and DLA in crime prevention,
traffic safety, and the orderly flow of vehicle traffic movement.
(b) The vehicle owner's constitutional rights to due process,
freedom from unreasonable search and seizure, and freedom from
deprivation of private property.
[[Page 48]]
Sec. 634.49 Standards for impoundment.
(a) POVs should not be impounded unless the vehicles clearly
interfere with ongoing operations or movement of traffic, threaten
public safety or convenience, are involved in criminal activity, contain
evidence of criminal activity, or are stolen or abandoned.
(b) The impoundment of a POV would be inappropriate when reasonable
alternatives to impoundment exist.
(1) Attempts should be made to locate the owner of the POV and have
the vehicle removed.
(2) The vehicle may be moved a short distance to a legal parking
area and temporarily secured until the owner is found.
(3) Another responsible person may be allowed to drive or tow the
POV with permission from the owner, operator, or person empowered to
control the vehicle. In this case, the owner, operator, or person
empowered to control the vehicle will be informed that law enforcement
personnel are not responsible for safeguarding the POV.
(c) Impounding of POVs is justified when any of the following
conditions exist:
(1) The POV is illegally parked--
(i) On a street or bridge, in a tunnel, or is double parked, and
interferes with the orderly flow of traffic.
(ii) On a sidewalk, within an intersection, on a cross-walk, on a
railroad track, in a fire lane, or is blocking a driveway, so that the
vehicle interferes with operations or creates a safety hazard to other
roadway users or the general public. An example would be a vehicle
parked within 15 feet of a fire hydrant or blocking a properly marked
driveway of a fire station or aircraft-alert crew facility.
(iii) When blocking an emergency exit door of any public place
(installation theater, club, dining hall, hospital, and other facility).
(iv) In a ``tow-away'' zone that is so marked with proper signs.
(2) The POV interferes with--
(i) Street cleaning or snow removal operations and attempts to
contact the owner have been unsuccessful.
(ii) Emergency operations during a natural disaster or fire or must
be removed from the disaster area during cleanup operations.
(3) The POV has been used in a crime or contains evidence of
criminal activity.
(4) The owner or person in charge has been apprehended and is unable
or unwilling to arrange for custody or removal.
(5) The POV is mechanically defective and is a menace to others
using the public roadways.
(6) The POV is disabled by a traffic incident and the operator is
either unavailable or physically incapable of having the vehicle towed
to a place of safety for storage or safekeeping.
(7) Law enforcement personnel reasonably believe the vehicle is
abandoned.
Sec. 634.50 Towing and storage.
(a) Impounded POVs may be towed and stored by either the Services
and DLA or a contracted wrecker service depending on availability of
towing services and the local commander's preference.
(b) The installation commander will designate an enclosed area on
the installation that can be secured by lock and key for an impound lot
to be used by the military or civilian wrecker service. An approved
impoundment area belonging to the contracted wrecker service may also be
used provided the area assures adequate accountability and security of
towed vehicles. One set of keys to the enclosed area will be maintained
by the installation law enforcement officer or designated individual.
(c) Temporary impoundment and towing of POVs for violations of the
installation traffic code or involvement in criminal activities will be
accomplished under the direct supervision of law enforcement personnel.
Sec. 634.51 Procedures for impoundment.
(a) Unattended POVs. (1) DD Form 2504 (Abandoned Vehicle Notice)
will be conspicuously placed on POVs considered unattended. This action
will be documented by an entry in the installation law enforcement desk
journal or blotter.
(2) The owner will be allowed 3 days from the date the POV is tagged
to remove the vehicle before impoundment action is initiated. If the
vehicle has
[[Page 49]]
not been removed after 3 days, it will be removed by the installation
towing service or the contracted wrecker service. If a contracted
wrecker service is used, a DD Form 2505 (Abandoned Vehicle Removal
Authorization) will be completed and issued to the contractor by the
installation law enforcement office.
(3) After the vehicle has been removed, the installation law
enforcement officer or the contractor will complete DD Form 2506
(Vehicle Impoundment Report) as a record of the actions taken.
(i) An inventory listing personal property will be done to protect
the owner, law enforcement personnel, the contractor, and the commander.
(ii) The contents of a closed container such as a suitcase inside
the vehicle need not be inventoried. Such articles should be opened only
if necessary to identify the owner of the vehicle or if the container
might contain explosives or otherwise present a danger to the public.
Merely listing the container and sealing it with security tape will
suffice.
(iii) Personal property must be placed in a secure area for
safekeeping.
(4) DD Form 2507 (Notice of Vehicle Impoundment) will be forwarded
by certified mail to the address of the last known owner of the vehicle
to advise the owner of the impoundment action, and request information
concerning the owner's intentions pertaining to the disposition of the
vehicle.
(b) Stolen POVs or vehicles involved in criminal activity. (1) When
the POV is to be held for evidentiary purposes, the vehicle should
remain in the custody of the applicable Service or DLA until law
enforcement purposes are served.
(2) Recovered stolen POVs will be released to the registered owner,
unless held for evidentiary purposes, or to the law enforcement agency
reporting the vehicle stolen, as appropriate.
(3) A POV held on request of other authorities will be retained in
the custody of the applicable Service or DLA until the vehicle can be
released to such authorities.
Sec. 634.52 Search incident to impoundment based on criminal activity.
Search of a POV in conjunction with impoundment based on criminal
activity will likely occur in one of the following general situations:
(a) The owner or operator is not present. This situation could arise
during traffic and crime-related impoundments and abandoned vehicle
seizures. A property search related to an investigation of criminal
activity should not be conducted without search authority unless the
item to be seized is in plain view or is readily discernible on the
outside as evidence of criminal activity. When in doubt, proper search
authority should be obtained before searching.
(b) The owner or operator is present. This situation can occur
during either a traffic or criminal incident, or if the operator is
apprehended for a crime or serious traffic violation and sufficient
probable cause exists to seize the vehicle. This situation could also
arise during cases of intoxicated driving or traffic accidents in which
the operator is present but incapacitated or otherwise unable to make
adequate arrangements to safeguard the vehicle. If danger exists to the
police or public or if there is risk of loss or destruction of evidence,
an investigative type search of the vehicle may be conducted without
search authority. (Air Force, see AFP 125-2).
Sec. 634.53 Disposition of vehicles after impoundment.
(a) If a POV is impounded for evidentiary purposes, the vehicle can
be held for as long as the evidentiary or law enforcement purpose
exists. The vehicle must then be returned to the owner without delay
unless directed otherwise by competent authority.
(b) If the vehicle is unclaimed after 120 days from the date
notification was mailed to the last known owner or the owner released
the vehicle by properly completing DD Form 2505, the vehicle will be
disposed of by one of the following procedures:
(1) Release to the lienholder, if known.
(2) Processed as abandoned property in accordance with DOD 4160.21-
M.
(i) Property may not be disposed of until diligent effort has been
made to
[[Page 50]]
find the owner; or the heirs, next of kin, or legal representative of
the owner.
(ii) The diligent effort to find one of those mentioned in paragraph
(a) of this section shall begin not later than 7 days after the date on
which the property comes into custody or control of the law enforcement
agency.
(iii) The period for which this effort is continued may not exceed
45 days.
(iv) If the owner or those mentioned in Sec. 634.52 are determined,
but not found, the property may not be disposed of until the expiration
of 45 days after the date when notice, giving the time and place of the
intended sale or other disposition, has been sent by certified or
registered mail to that person at his last known address.
(v) When diligent effort to determine those mentioned in paragraph
(b)(2)(iv) of this section is unsuccessful, the property may be disposed
of without delay, except that if it has a fair market value of more than
$500, the law enforcement official may not dispose of the property until
45 days after the date it is received at the storage point.
(c) All contracts for the disposal of abandoned vehicles must comply
with 10 U.S.C. 2575.
Subpart G_List of State Driver's License Agencies
Sec. 634.54 List of State Driver's License Agencies.
Notification of State driver's license agencies. The installation
commander will notify the State driver's license agency of those
personnel whose installation driving privileges are revoked for 1 year
or more, following final adjudication of the intoxicated driving offense
or for refusing to submit to a lawful blood-alcohol content test in
accordance with Sec. 634.8. This notification will include the basis
for the suspension and the blood alcohol level. The notification will be
sent to the State in which the driver's license was issued. State
driver's license agencies are listed as follows:
Alabama: Motor Vehicle Division, 2721 Gunter Park Drive, Montgomery, AL
36101, (205) 271-3250.
Alaska: Motor Vehicle Division, P.O. Box 100960, Anchorage, AK 99510,
(907) 269-5572.
Arizona: Motor Vehicle Division, 1801 West Jefferson Street, Phoenix, AZ
85007, (602) 255-7295.
Arkansas: Motor Vehicle Division, Joel & Ledbetter Bldg., 7th and Wolfe
Streets, Little Rock, AR 72203, (501) 371-1886.
California: Department of Motor Vehicles, P.O. Box 932340, Sacramento,
CA 94232, (916) 445-0898.
Colorado: Motor Vehicle Division, 140 West Sixth Avenue, Denver, CO
80204, (303) 866-3158.
Connecticut: Department of Motor Vehicles, 60 State Street,
Wethersfield, CT 06109, (203) 566-5904.
Delaware: Motor Vehicle Director, State Highway Administration Bldg.,
P.O. Box 698, Dover, DE 19903, (302) 736-4421.
District of Columbia: Department of Transportation, Bureau of Motor
Vehicles, 301 C Street, NW., Washington, DC 20001, (202) 727-5409.
Florida: Division of Motor Vehicles, Neil Kirkman Building, Tallahassee,
FL 32301, (904) 488-6921.
Georgia: Motor Vehicle Division, Trinity-Washington Bldg., Room 114,
Atlanta, GA 30334, (404) 656-4149.
Hawaii: Division of Motor Vehicle and Licensing, 1455 S. Benetania
Street, Honolulu, HI 96814, (808) 943-3221.
Idaho: Transportation Department, 3311 State Street, P.O. Box 34, Boise,
ID 83731, (208) 334-3650.
Illinois: Secretary of State, Centennial Building, Springfield, IL
62756, (217) 782-4815.
Indiana: Bureau of Motor Vehicles, State Office Building, Room 901,
Indianapolis, IN 46204, (317) 232-2701.
Iowa: Department of Transportation Office of Operating Authority, Lucas
Office Bldg., Des Moines, IA 50319, (515) 281-5664.
Kansas: Department of Revenue, Division of Vehicles, Interstate
Registration Bureau, State Office Bldg., Topeka, KS 66612, (913)
296-3681.
Kentucky: Department of Transportation, New State Office Building,
Frankfort, KY 40622, (502) 564-4540.
Louisiana: Motor Vehicle Administrator, S. Foster Drive, Baton Rouge, LA
70800, (504) 925-6304.
[[Page 51]]
Maine: Department of State, Motor Vehicle Division, Augusta, ME 04333,
(207) 289-5440.
Maryland: Motor Vehicle Administration, 6601 Ritchie Highway, NE., Glen
Burnie, MD 21062, (301) 768-7000.
Massachusetts: Registry of Motor Vehicle, 100 Nashua Street, Boston, MA
02114, (617) 727-3780.
Michigan: Department of State, Division of Driver Licenses and Vehicle
Records, Lansing, MI 48918, (517) 322-1486.
Minnesota: Department of Public Safety, 108 Transportation Building, St.
Paul, MN 55155, (612) 296-2138.
Mississippi: Office of State Tax Commission, Woolfolk Building, Jackson,
MS 39205, (601) 982-1248.
Missouri: Department of Revenue, Motor Vehicles Bureau, Harry S. Truman
Bldg., 301 W. High Street, Jefferson City, MO 65105, (314) 751-3234.
Montana: Highway Commission, Box 4639, Helena, MT 59604, (406) 449-2476.
Nebraska: Department of Motor Vehicles, P.O. Box 94789, Lincoln, NE
68509, (402) 471-3891.
Nevada: Department of Motor Vehicles, Carson City, NV 89711, (702) 885-
5370.
New Hampshire: Department of Safety, Division of Motor Vehicles, James
H. Haynes Bldg., Concord, NH 03305, (603) 271-2764.
New Jersey: Motor Vehicle Division, 25 S. Montgomery Street, Trenton, NJ
08666, (609) 292-2368.
New Mexico: Motor Transportation Division, Joseph M. Montoya Building,
Santa Fe, NM 87503, (505) 827-0392.
New York: Division of Motor Vehicles, Empire State Plaza, Albany, NY
12228, (518) 474-2121.
North Carolina: Division of Motor Vehicles, Motor Vehicles Bldg.,
Raleigh, NC 27697, (919) 733-2403.
North Dakota: Motor Vehicle Department, Capitol Grounds, Bismarck, ND
58505, (701) 224-2619.
Ohio: Bureau of Motor Vehicles, P.O. Box 16520, Columbus, OH 43216,
(614) 466-4095.
Oklahoma: Oklahoma Tax Commission, Motor Vehicle Division, 2501 Lincoln
Boulevard, Oklahoma City, OK 73194, (405) 521-3036
Oregon: Motor Vehicles Division, 1905 Lana Avenue, NE., Salem, OR 97314,
(503) 378-6903.
Pennsylvania: Department of Transportation, Bureau of Motor Vehicles,
Transportation and Safety Bldg., Harrisburg, PA 17122, (717) 787-
3130.
Rhode Island: Department of Motor Vehicles, State Office Building,
Providence, RI 02903, (401) 277-6900.
South Carolina: Motor Vehicle Division, P.O. Drawer 1498, Columbia, SC
29216, (803) 758-5821.
South Dakota: Division of Motor Vehicles, 118 W. Capitol, Pierre, SD
57501, (605) 773-3501.
Tennessee: Department of Revenue, Motor Vehicle Division, 500 Deaderick
Street, Nashville, TN 37242, (615) 741-1786.
Texas: Department of Highways and Public Transportation, Motor Vehicle
Division, 40th and Jackson Avenue, Austin, TX 78779, (512) 475-7686.
Utah: Motor Vehicle Division State Fairgrounds, 1095 Motor Avenue, Salt
Lake City, UT 84116, (801) 533-5311.
Vermont: Department of Motor Vehicles, State Street, Montpelier, VT
05603, (802) 828-2014.
Virginia: Department of Motor Vehicles, 2300 W. Broad Street, Richmond,
VA 23220, (804) 257-1855.
Washington: Department of Licensing, Highways-Licenses Building,
Olympia, WA 98504, (206) 753-6975.
West Virginia: Department of Motor Vehicles, 1800 Washington Street,
East, Charleston, WV 25317, (304) 348-2719.
Wisconsin: Department of Transportation Reciprocity and Permits, P.O.
Box 7908, Madison, WI 53707, (608) 266-2585.
Wyoming: Department of Revenue, Policy Division, 122 W. 25th Street,
Cheyenne, WY 82002, (307) 777-5273.
Guam: Deputy Director, Revenue and Taxation, Government of Guam, Agana,
Guam 96910, (no phone number available).
Puerto Rico: Department of Transportation and Public Works, Bureau of
Motor Vehicles, P.O. Box 41243, Minillas Station, Santurce, Puerto
Rico 00940, (809) 722-2823.
[[Page 52]]
PART 635_LAW ENFORCEMENT REPORTING--Table of Contents
Subpart A_Records Administration
Sec.
635.1 General.
635.2 Safeguarding official information.
635.3 Special requirements of the Privacy Act of 1974.
635.4 Police intelligence/Criminal information.
635.5 Name checks.
635.6 Registration of sex offenders on Army installations (inside and
outside the Continental United States).
635.7 Collection of deoxyribonucleic acid.
Subpart B_Release of Information
635.8 General.
635.9 Release of information.
635.10 Release of information under the Freedom of Information Act
(FOIA).
635.11 Release of information under the Privacy Act of 1974.
635.12 Amendment of records.
635.13 Accounting for military police record disclosure.
635.14 Release of law enforcement information furnished by foreign
governments or international organizations.
Subpart C_Offense Reporting
635.15 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action) for Civilian Subjects.
635.16 Fingerprint Card and Final Disposition Report Submission
Requirements.
635.17 Release of domestic incidents reports to the Army Family Advocacy
Program (FAP).
635.18 Domestic violence.
635.19 Protection Orders.
635.20 Establishing Memoranda of Understanding.
635.21 Suspicious Activity Reporting (SAR).
Subpart D_Victim and Witness Assistance Procedures
635.22 Procedures.
Subpart E_National Crime Information Center Policy
635.23 Standards.
Authority: 28 U.S.C. 534, 42 U.S.C. 10601, 18 U.S.C. 922, 10 U.S.C.
1562, 10 U.S.C. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C. 1565, 42
U.S.C. 14135a.
Source: 80 FR 28549, May 19, 2015, unless otherwise noted.
Subpart A_Records Administration
Sec. 635.1 General.
The proponent of this part is the Provost Marshal General. The
proponent has the authority to approve exceptions or waivers to this
Part that are consistent with controlling law and regulations. In
distributing information on juvenile victims or subjects, the
installation Freedom of Information Act (FOIA) Office will ensure that
only individuals with a need to know of the personally identifiable
information (PII) of a juvenile are provided the identifying information
on the juvenile. For example, a community commander is authorized to
receive pertinent information on juveniles under their jurisdiction.
When a Law Enforcement Report identifying juvenile offenders must be
provided to multiple commanders or supervisors, the FOIA Office must
sanitize each report to withhold juvenile information not pertaining to
that commander's area of responsibility.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.2 Safeguarding official information.
(a) Military police records are unclassified except when they
contain national security information as defined in AR 380-5 (Available
at http://www.apd.army.mil/pdffiles/r380_5.pdf), Department of the Army
Information Security Program.
(b) Military police records will also be released to Federal, state,
local or foreign law enforcement agencies as prescribed by 32 CFR part
505, The Army Privacy Program. Expanded markings will be applied to
these records.
Sec. 635.3 Special requirements of the Privacy Act of 1974.
(a) Certain PII is protected in accordance with the provisions of
the Privacy Act of 1974, 5 U.S.C. 552a, as implemented by 32 CFR part
310, DoD Privacy Program, 32 CFR part 505, The Army Privacy Program, and
OMB guidance defining PII.
[[Page 53]]
(b) Pursuant to 5 U.S.C. 552a(e)(3), when an Army activity asks an
individual for his or her PII that will be maintained in a system of
records, the activity must provide the individual with a Privacy Act
Statement (PAS). A PAS notifies individuals of the authority, purpose,
and use of the collection, whether the information is mandatory or
voluntary, and the effects of not providing all or any part of the
requested information.
(c) Army law enforcement personnel performing official duties often
require an individual's PII, including SSN, for identification purposes.
This PII can be used to complete law enforcement reports and records. In
addition to Executive Order 9397, as amended by Executive Order 13478,
the solicitation of the SSN is authorized by paragraph 2.c.(2) of DoD
Instruction 1000.30, ``Reduction of Social Security Number (SSN) Use
Within DoD'' (available at http://www.dtic.mil/whs/directives/corres/
pdf/100030p.pdf). The purpose is to provide commanders and law
enforcement officials with means by which information may accurately be
identified. The SSN is used as an additional/alternate means of
identification to facilitate filing and retrieval. The following
procedures will be used for identification:
(1) Retired military personnel are required to produce their Common
Access Card or DD Form 2 (Ret) (U.S. Armed Forces of the United States
General Convention Identification Card), or other government issued
identification, as appropriate.
(2) Family members of sponsors will be requested to produce their DD
Form 1173 (Uniformed Services Identification and Privilege Card).
Information contained thereon (for example, the sponsor's SSN) will be
used to verify and complete applicable sections of law enforcement
reports and related forms.
(3) Non-Department of Defense (DoD) civilians, including military
family members and those whose status is unknown, will be advised of the
provisions of the Privacy Act Statement when requested to disclose their
PII, including SSN, as required.
(d) Notwithstanding the requirement to furnish an individual with a
PAS when his or her PII will be maintained in a system of records, AR
340-21, The Army Privacy Program, http://www.apd.army.mil/pdffiles/
r340_21.pdf, provides that records contained in SORN A0190-45, Military
Police Reporting Program Records (MRRP), http://dpcld.defense.gov/
Privacy/SORNsIndex/tabid/5915/Article/6066/a0190-45-opmg.aspx, that fall
within 5 U.S.C. 552a(j)(2) are exempt from the requirement in 5 U.S.C.
552a(e)(3) to provide a PAS.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.4 Police intelligence/Criminal information.
(a) The purpose of gathering police intelligence is to identify
individuals or groups of individuals in an effort to anticipate,
prevent, or monitor possible criminal activity. Police intelligence aids
criminal investigators in developing and investigating criminal cases.
32 CFR part 633 designates the U.S. Army Criminal Investigation Command
(USACIDC) as having the primary responsibility to operate a criminal
intelligence program. Criminal Intelligence will be reported through the
Army Criminal Investigation and Criminal Intelligence (ACI2) System and
other criminal intelligence products. The crimes listed in paragraphs
(a)(1)-(9) of this section, as well as the reportable incidents,
behavioral threat indicators, and other matters of counterintelligence
interest specified by AR 381-12, Threat Awareness and Reporting Program,
(available at http://www.apd.army.mil/pdffiles/r381_12.pdf) will be
reported to the nearest Army counterintelligence office.
(1) Sedition;
(2) Aiding the enemy by providing intelligence to the enemy;
(3) Spying;
(4) Espionage;
(5) Subversion;
(6) Treason;
(7) International terrorist activities or material support to
terrorism (MST);
(8) Unreported contacts with foreigners involved in intelligence
activities;
(9) Unauthorized or intentional disclosure of classified info.
(b) Information on persons and organizations not affiliated with DoD
may not normally be acquired, reported,
[[Page 54]]
processed or stored. Situations justifying acquisition of this
information include, but are not limited to--
(1) Theft, destruction, or sabotage of weapons, ammunition,
equipment facilities, or records belonging to DoD units or
installations.
(2) Protection of Army installations and activities from potential
threat.
(3) Information received from the FBI, state, local, or
international law enforcement agencies which directly pertains to the
law enforcement mission and activity of the installation Provost Marshal
Office/Directorate of Emergency Services (PMO/DES), Army Command (ACOM),
Army Service Component Command (ASCC) or Direct Reporting Unit (DRU)
PMO/DES, or that has a clearly identifiable military purpose and
connection. A determination that specific information may not be
collected, retained or disseminated by intelligence activities does not
indicate that the information is automatically eligible for collection,
retention, or dissemination under the provisions of this part. The
policies in this section are not intended and will not be used to
circumvent any federal law that restricts gathering, retaining or
dissemination of information on private individuals or organizations.
(c) Retention and disposition of information on non-DoD affiliated
individuals and organizations are subject to the provisions of DoD
Directive 5200.27 (available at http://www.dtic.mil/whs/directives/
corres/pdf/520027p.pd), AR 380-13, Acquisition and Storage of
Information Concerning Non-Affiliated Persons and Organizations
(available at http://www.apd.army.mil/pdffiles/r380_13.pdf) and AR 25-
400-2, The Army Records Information Management System (ARIMS) (available
at http://www.apd.army.mil/pdffiles/r25_400_2.pdf).
(d) Local police intelligence files may be exempt from 32 CFR part
518 and the FOIA's disclosure requirements.
Sec. 635.5 Name checks.
(a) Information contained in military police records will be
released under the provisions of 32 CFR part 505, The Army Privacy
Program, to authorized personnel for valid background check purposes.
Examples include child care/youth program providers, sexual assault
response coordinator, unit victim advocate, access control, unique or
special duty assignments, security clearance procedures and suitability
and credentialing purposes. Any information released must be restricted
to that necessary and relevant to the requester's official purpose.
Provost Marshals/Directors of Emergency Services (PM/DES) will establish
written procedures to ensure that release is accomplished in accordance
with 32 CFR part 505.
(b) Checks will be accomplished by a review of the Army's Law
Enforcement Reporting and Tracking System (ALERTS). Information will be
disseminated according to subpart B of this part.
(c) In response to a request for local files or name checks, PM/DES
will release only founded offenses with final disposition. Offenses
determined to be unfounded will not be released. These limitations do
not apply to requests submitted by law enforcement agencies for law
enforcement purposes, and counterintelligence investigative agencies for
counterintelligence purposes.
(d) A successful query of ALERTS would return the following
information:
(1) Military Police Report Number;
(2) Report Date;
(3) Social Security Number;
(4) Last Name;
(5) First Name;
(6) Protected Identity (Y/N);
(7) A link to view the military police report; and
(8) Whether the individual is a subject, victim, or a person related
to the report disposition.
(e) Name checks will include the information derived from ALERTS and
the United States Army Crime Records Center (USACRC). All of the
policies and procedures for such checks will conform to the provisions
of this part. Any exceptions to this policy must be coordinated with
Headquarters Department of the Army (HQDA), Office of the Provost
Marshal General (OPMG) before any name checks are conducted. The
following are examples of appropriate uses of the name check feature of
ALERTS:
(1) Individuals named as the subjects of serious incident reports.
[[Page 55]]
(2) Individuals named as subjects of investigations who must be
reported to the USACRC.
(3) Individuals seeking employment as child care/youth program
providers.
(4) Local checks of the ALERTS as part of placing an individual in
the ALERTS.
(5) Name checks for individuals seeking employment in law
enforcement positions.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.6 Registration of sex offenders on Army installations
(inside and outside the Continental United States).
(a) Sex Offenders on US Army Installations. Garrison Commander's
responsibilities: Garrison Commanders will ensure that sex offenders, as
defined in paragraph (b) of this section that reside or are employed on
an Army Installation register with the installation PM/DES. This
includes service members, civilian employees, accompanying dependent
family members, and contractors subject to the incorporation of the sex
offender registration requirement into the contract.
(b) Sex offender is defined as:
(1) Any person, including but not limited to a Service member,
Service member's family member, Civilian employee, Civilian employee's
family member, or contractor, who either is registered or required to
register as a sex offender by any law, regulation or policy of the
United States, the Department of Defense, the Army, a State, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, America
Samoa, The Northern Mariana Islands, the United States Virgin Islands,
or a Federally recognized Indian tribe. This definition is not limited
to persons convicted for felony sex offenses but includes all persons
who are registered or required to register as a sex offender regardless
of the classification of their offenses, including felonies,
misdemeanors, and offenses not classified as a felony or misdemeanor.
(2) The persons who are sex offenders as defined in paragraph (b)(1)
include those convicted by a foreign government of an offense equivalent
or closely analogous to a covered offense under the Uniform Code of
Military Justice as provided in AR 27-10, Military Justice (available at
http://www.apd.army.mil/pdffiles/r27_10.pdf), Chapter 24.'' See 42
U.S.C. 16911(5)(B) and U.S. Department of Justice, Office of the
Attorney General, The National Guidelines for Sex Offender Registration
and Notification, Final Guidelines, 73 FR 38030, 38050-1 (July 2, 2008)
for guidelines and standards. Contact the servicing Office of the Staff
Judge Advocate for assistance in interpreting or applying this
provision.
(c) Sex Offender Registration Requirements. Sex offenders, as
defined in paragraph (b)(1) of this section must register with the
installation PMO/DES within three working days of first arriving on an
installation. Sex offenders must provide the installation PMO/DES with
evidence of the qualifying conviction. The PMO/DES will enter the
registering sex offender's conviction information on a Raw Data File as
an information entry into the Army's Law Enforcement Reporting and
Tracking System (ALERTS) with the state the sex offender was convicted,
date of conviction, and results of conviction, to include length of time
required to register and any specific court ordered restrictions.
Registration with the PMO/DES does not relieve sex offenders of their
legal obligation to comply with applicable state and local registration
requirements for the state in which they reside, work, or attend school
(see, AR 190-47 (available at http://www.apd.army.mil/pdffiles/
r190_47.pdf), chapter 14 and AR 27-10 (available at http://
www.apd.army.mil/pdffiles/r27_10.pdf), chapter 24). Registration with
the state is also required under the Sex Offender Registration and
Notification Act (SORNA), 42 U.S.C. 16901 et seq., and implemented by AR
27-10 (Available at http://www.apd.army.mil/pdffiles/r27_10.pdf),
Military Justice, and DoDI 1325.7 (Available at http://www.dtic.mil/whs/
directives/corres/pdf/132507p.pdf). In addition, upon assignment,
reassignment, or change of address, sex offenders will inform the
installation PM/DES within three working days. Failure to comply with
registration requirements is punishable under Federal or State law and/
or under the UCMJ. ``State'' in this
[[Page 56]]
paragraph includes any jurisdiction listed in paragraph (b)(1) of this
section in which a sex offender is required to register.
(d) Installation PMOs and DESs will maintain and update a monthly
roster of current sex offenders names and provide it to the Sexual
Assault Review Board; the Army Command PM and DES and the garrison
commander.
(e) Installation PMs and DESs will complete the following procedures
for all other sex offenders required to register on the installation--
(1) Complete a Raw Data File as an information entry into ALERTS.
(2) Ensure the sex offender produces either evidence of the
qualifying conviction or the sex offender registration paperwork in
order to complete the narrative with the state in which the sex offender
was convicted, date of conviction, and results of conviction, to include
length of time required to register and any specific court ordered
restrictions.
(f) DoD civilians, contractors, and family members that fail to
register at the installation PMO/DES are subject to a range of
administrative sanctions, including but not limited to a complete or
limited bar to the installation and removal from military housing.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016; 81
FR 78912, Nov. 10, 2016]
Sec. 635.7 Collection of deoxyribonucleic acid.
(a) Army Law Enforcement (LE) personnel will collect
deoxyribonucleic acid (DNA) pursuant to DoDI 5505.14 (available at
http://www.dtic.mil/whs/directives/corres/pdf/550514p.pdf), DNA
Collection Requirements for Criminal Investigations. Per this subpart, a
sample of an individual's DNA is to allow for positive identification
and to provide or generate evidence to solve crimes through database
searches of potentially matching samples. DNA samples will not be
collected from juveniles.
(b) Army LE personnel will obtain a DNA sample from a civilian in
their control at the point it is determined there is probable cause to
believe the detained person violated a Federal statute equivalent to the
offenses identified in DoDI 5505.11 (available at http://www.dtic.mil/
whs/directives/corres/pdf/550511p.pdf), Fingerprint Card and Final
Disposition Report Submission Requirements, and 32 CFR part 310,
Department of Defense Privacy Program, except for the listed violations
that are exclusively military offenses. For the purposes of this rule,
DNA shall be taken from all civilian drug offenders, except those who
are arrested or detained for the offenses of simple possession and
personal use.
(1) When Army LE personnel make a probable cause determination
concerning a civilian not in their control, Army LE personnel are not
required to collect DNA samples. Likewise, Army LE personnel are not
required to obtain DNA samples when another LE agency has, or will,
obtain the DNA.
(2) Army LE personnel will use the U.S. Army Criminal Investigation
Laboratory (USACIL) DNA kit which includes a DNA sample card and the
USACIL DNA database collection eform. Army LE personnel will forward
civilian DNA samples to the USACIL. Army LE personnel will document, in
the appropriate case file, when civilian LE agencies handle any aspect
of the DNA processing and whether the civilian LE agency forwarded the
DNA sample to the FBI laboratory.
(c) DoD Instruction 5505.14 (available at http://www.dtic.mil/whs/
directives/corres/pdf/550514p.pdf) details the procedures former
Soldiers and civilians must follow to request expungement of their DNA
records. Former Soldiers and civilians from whom DNA samples have been
taken, but who were not convicted of any offense giving rise to the
collection of DNA, do not submit requests to have their DNA record
expunged through installation PMO/DES channels. To request expungement
of DNA records for civilians pursuant to Sections 14132 of title 42,
United States Code, the requestor or legal representative must submit a
written request to: FBI, Laboratory Division, 2501 Investigation
Parkway, Quantico, VA 22135, Attention: Federal Convicted Offender
Program Manager.
[[Page 57]]
Subpart B_Release of Information
Sec. 635.8 General.
(a) The policy of HQDA is to conduct activities in an open manner
and provide the public accurate and timely information. Accordingly, law
enforcement information will be released to the degree permitted by law
and Army regulations.
(b) Any release of military police records or information compiled
for law enforcement purposes, whether to persons within or outside the
Army, must be in accordance with the FOIA and the Privacy Act.
(c) Requests by individuals for access to military police records
about themselves will be processed in compliance with FOIA and the
Privacy Act.
(d) Military police records in the temporary possession of another
organization remain the property of the originating law enforcement
agency. The following procedures apply to any organization authorized
temporary use of military police records:
(1) Any request from an individual seeking access to military police
records will be immediately referred to the originating law enforcement
agency for processing. The temporary custodian of military police
records does not have the authority to release those records.
(2) When the temporary purpose of the using organization has been
satisfied, the military police records will be returned to the
originating law enforcement agency or the copies will be destroyed.
(3) A using organization may maintain information from military
police records in their system of records, if approval is obtained from
the originating law enforcement agency. This information may include
reference to a military police record (for example, Law Enforcement
Report number or date of offense), a summary of information contained in
the record, or the entire military police record. When a user includes a
military police record in its system of records, the originating law
enforcement agency will delete portions from that record to protect
special investigative techniques, maintain confidentiality, preclude
compromise of an investigation, and protect other law enforcement
interests.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.9 Release of information.
(a) Release of information from Army records to agencies outside DoD
will be governed by 32 CFR part 518, 32 CFR part 505, AR 600-37,
Unfavorable Information (Available at http://www.apd.army.mil/pdffiles/
r600_37.pdf), and this part. Procedures for release of certain other
records and information is contained in AR 20-1, Inspector General
Activities and Procedures (available at http://www.apd.army.mil/
pdffiles/r20_1.pdf), AR 27-20, Claims (available at http://
www.apd.army.mil/pdffiles/r27_20.pdf), AR 27-40, Litigation (available
at http://www.apd.army.mil/pdffiles/r27_40.pdf), AR 40-66, Medical
Record Administration and Healthcare Documentation (available at http://
www.apd.army.mil/pdffiles/r40_66.pdf), AR 195-2, Criminal Investigation
Activities (available at http://www.apd.army.mil/pdffiles/r195_2.pdf),
AR 360-1, The Army Public Affairs Program (available at http://
www.apd.army.mil/pdffiles/r360_1.pdf), and AR 600-85, The Army Substance
Abuse Program (available at http://www.apd.army.mil/pdffiles/
r600_85.pdf). Installation drug and alcohol offices may be provided an
extract of DA Form 3997 (Military Police Desk Blotter) for offenses
involving the use of alcohol or drugs (for example, drunk driving, drunk
and disorderly conduct, or positive urinalysis).
(b) Installation PM/DES are the release authorities for military
police records under their control. They may release criminal record
information to other activities as prescribed in 32 CFR part 518 and 32
CFR part 505, and this part.
(c) Authority to deny access to criminal records information rests
with the initial denial authority (IDA) for the FOIA and the denial
authority for Privacy Acts cases, as addressed in 32 CFR part 518 and 32
CFR part 505.
[[Page 58]]
Sec. 635.10 Release of information under the Freedom of Information Act (FOIA).
(a) The release and denial authorities for all FOIA requests
concerning military police records include PM/DES and the Commander,
USACIDC. Authority to act on behalf of the Commander, USACIDC is
delegated to the Director, USACRC.
(b) FOIA requests from members of the press will be coordinated with
the installation public affairs officer prior to release of records
under the control of the installation PM/DES. When the record is on file
at the USACRC the request must be forwarded to the Director, USACRC.
(c) Requests will be processed as prescribed in 32 CFR part 518 and
as follows:
(1) The installation FOIA Office will review requested reports to
determine if any portion is exempt from release.
(2) Statutory and policy questions will be coordinated with the
local staff judge advocate (SJA).
(3) Coordination will be completed with the local USACIDC activity
to ensure that the release will not interfere with a criminal
investigation in progress or affect final disposition of an
investigation.
(4) If it is determined that a portion of the report, or the report
in its entirety will not be released, the request to include a copy of
the Military Police Report or other military police records will be
forwarded to the Director, USACRC, ATTN: CICR-FP, 27130 Telegraph Road,
Quantico, VA 22134. The requestor will be informed that their request
has been sent to the Director, USACRC, and provided the mailing address
for the USACRC. When forwarding FOIA requests, the outside of the
envelope will be clearly marked ``FOIA REQUEST.''
(5) A partial release of information by an installation FOIA Office
is permissible when it is acceptable to the requester. (An example would
be the redaction of a third party's social security number, home
address, and telephone number, as permitted by law). If the requester
agrees to the redaction of exempt information, such cases do not
constitute a denial. If the requester insists on the entire report, a
copy of the report and the request for release will be forwarded to the
Director, USACRC. There is no requirement to coordinate such referrals
at the installation level. The request will simply be forwarded to the
Director, United States Army Crime Records Center (USACRC) for action.
(6) Requests for military police records that have been forwarded to
USACRC and are no longer on file at the installation PMO/DES will be
forwarded to the Director, USACRC for processing.
(7) Requests concerning USACIDC reports of investigation or USACIDC
files will be referred to the Director, USACRC. In each instance, the
requestor will be informed of the referral and provided the Director,
USACRC address.
(8) Requests concerning records that are under the supervision of an
Army activity, or other DoD agency, will be referred to the appropriate
agency for response.
Sec. 635.11 Release of information under the Privacy Act of 1974.
(a) Military police records may be released according to provisions
of the Privacy Act of 1974, 5 U.S.C. 552a, as implemented by 32 CFR part
310, DoD Privacy Program, 32 CFR part 505, The Army Privacy Program, and
this part.
(b) The release and denial authorities for all Privacy Act cases
concerning military police records are provided in Sec. 635.9.
(c) Privacy Act requests for access to a record, when the requester
is the subject of that record, will be processed as prescribed in 32 CFR
part 505.
Sec. 635.12 Amendment of records.
(a) Policy. An amendment of records is appropriate when such records
are established as being inaccurate, irrelevant, untimely, or
incomplete. Amendment procedures are not intended to permit challenging
an event that actually occurred. Requests to amend reports will be
granted only if the individual submits new, relevant and material facts
that are determined to warrant their inclusion in or revision of the
police report. The burden of proof is on the individual to substantiate
the request. Requests to delete a person's
[[Page 59]]
name from the title block will be granted only if it is determined that
there is not probable cause to believe that the individual committed the
offense for which he or she is listed as a subject. It is emphasized
that the decision to list a person's name in the title block of a police
report is an investigative determination that is independent of whether
or not subsequent judicial, non-judicial or administrative action is
taken against the individual.
(b) In compliance with DoD policy, an individual will still remain
entered in the Defense Clearance Investigations Index (DCII) to track
all reports of investigation.
Sec. 635.13 Accounting for military police record disclosure.
(a) 32 CFR part 505 prescribes accounting policies and procedures
concerning the disclosure of military police records.
(b) PM/DES will develop local procedures to ensure that disclosure
of military police records as described in 32 CFR part 505 are available
on request.
(c) In every instance where records are disclosed; individuals,
agencies or components are reminded that use or further disclosure of
any military police reports, Military Police Investigator (MPI) reports,
or other information received must be in compliance with DoDI 5505.7
(available at http://www.dtic.mil/whs/directives/corres/pdf/
550507p.pdf), paragraph 6.5.2. which states that ``judicial or adverse
administrative actions shall not be taken against individuals or
entities based solely on the fact that they have been titled or indexed
due to a criminal investigation.''
Sec. 635.14 Release of law enforcement information furnished by
foreign governments or international organizations.
(a) Information furnished by foreign governments or international
organizations is subject to disclosure, unless exempted by 32 CFR part
518 and 32 CFR part 505, federal statutes or executive orders.
(b) Release of U.S. information (classified military information or
controlled unclassified information) to foreign governments is
accomplished per AR 380-10 (available at http://www.apd.army.mil/
pdffiles/r380_10.pdf).
Subpart C_Offense Reporting
Sec. 635.15 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action) for Civilian Subjects.
Civilian Subjects titled by Army Law Enforcement. PM/DES and USACIDC
will complete and submit disposition reports to USACRC for civilian
subjects, not subject to the UCMJ, who are titled by Army law
enforcement. PM/DES and USACIDC will complete the DA Form 4833 and
submit the form to USACRC for these subjects. PM/DES and USACIDC will
not include these completed DA Form 4833 for civilian personnel in
reporting compliance statistics for commanders. This ensures records of
dispositions of civilian subjects titled by military LE are available in
CJIS to support NCIC background checks for firearms purchases,
employment, security clearances etc.
Sec. 635.16 Fingerprint Card and Final Disposition Report Submission
Requirements.
(a) General. This paragraph implements DoDI 5505.11, Fingerprint
Card and Final Disposition Report Submission Requirements, which
prescribes procedures for Army LE to report offender criminal history
data, by submitting FBI Form FD 249 (Suspect Fingerprint Card) to
USACRC. USACRC forwards this data to the Criminal Justice Information
Services (CJIS) division of the FBI for inclusion in the Next Generation
Identification Database. This paragraph does not eliminate other
requirements to provide criminal history data, including those
concerning the DIBRS.
(b) Installation PM/DES will submit offender criminal history data
to USACRC, based on a probable cause standard determined in conjunction
with the servicing SJA or legal advisor for all civilians investigated
for offenses equivalent to those listed in DoDI 5505.11. This includes
foreign nationals, persons serving with or accompanying an armed force
in the field in time of declared war or contingency operations, and
persons subject to Public Law 106-523 in accordance with
[[Page 60]]
DoDI 5525.11 (Available at http://www.dtic.mil/whs/directives/corres/
pdf/552511p.pdf), Criminal Jurisdiction Over Civilians Employed By or
Accompanying the Armed Forces Outside the United States, Certain Service
Members, and Former Service Members.
(c) For purposes of this paragraph commanders will notify their
installation PMO/DES when they become aware that a non-DoD and/or
foreign LE organization has initiated an investigation against a
Soldier, military dependent, or DoD civilian employee or contractor, for
the equivalent of an offense listed in DoDI 5525.11 (available at http:/
/www.dtic.mil/whs/directives/corres/pdf/552511p.pdf), Enclosure 2, or
punishable pursuant to the U.S.C.
Sec. 635.17 Release of domestic incidents reports to the Army Family
Advocacy Program (FAP).
(a) Installation PM/DES will comply with the reporting requirements
set forth in AR 608-18 (available at http://www.apd.army.mil/pdffiles/
r608_18.pdf).
(b) In addition to substantiated incidents of domestic violence,
installation PM/DES will notify the Family Advocacy Program Manager
(FAPM) and Social Work Services (SWS) of all incidents in which a
preponderance of indicators reveal a potential risk of reoccurrence and
increasing severity of maltreatment which could lead to domestic
violence or child abuse. Installation PM/DES will ensure these
notifications are recorded in the official military police journal in
ALERTS. This is to:
(1) Establish a history of incidents that indicate an emerging
pattern of risk of maltreatment/victimization to Soldiers and or Family
members. See AR 608-18 for incidents that define maltreatment.
(2) Develop a trend history of unsubstantiated-unresolved incidents
in order to prevent possible violence or maltreatment from occurring.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Sec. 635.18 Domestic violence.
(a) Responding to incidents of domestic violence requires a
coordinated effort by LE, medical, and social work personnel, to include
sharing information and records as permitted by law and regulation. AR
608-18, Chapter 3, contains additional information about domestic
violence and protective orders. AR 608-18, Glossary, Section II refers
to domestic violence as including the use, attempted use, or threatened
use of force or violence against a person or a violation of a lawful
order issued for the protection of a person, who is:
(1) A current or former spouse;
(2) A person with whom the abuser shares a child in common; or
(3) A current or former intimate partner with whom the abuser shares
or has shared a common domicile.
(b) All domestic violence incidents will be reported to the local
installation PMO/DES.
Sec. 635.19 Protection Orders.
(a) A DD Form 2873, Military Protective Order (MPO) is a written
lawful order issued by a commander that orders a Soldier to avoid
contact with those persons identified in the order. MPOs may be used to
facilitate a ``cooling-off'' period following domestic violence and
sexual assault incidents, to include incidents involving children. The
commander should provide a written copy of the order within 24 hours of
its issuance to the person with whom the member is ordered not to have
contact and to the installation LE activity.
(b) Initial notification. In the event a MPO is issued against a
Soldier and any individual involved in the order does not reside on a
Army installation at any time during the duration of the MPO, the
installation PMO/DES will notify the appropriate civilian authorities
(local magistrate courts, family courts, and local police) of:
(1) The issuance of the protective order;
(2) The individuals involved in the order;
(3) Any change made in a protective order;
(4) The termination of the protective order.
(c) A Civilian Protective Order (CPO) is an order issued by a judge,
magistrate or other authorized civilian official, ordering an individual
to avoid
[[Page 61]]
contact with his or her spouse or children. Pursuant to the Armed Forces
Domestic Security Act, 10 U.S.C. 1561a, a CPO has the same force and
effect on a military installation as such order has within the
jurisdiction of the court that issued the order.
Sec. 635.20 Establishing Memoranda of Understanding.
(a) Coordination between military law enforcement personnel and
local civilian law enforcement personnel is essential to improve
information sharing, especially concerning investigations, arrests, and
prosecutions involving military personnel. PM/DES or other law
enforcement officials shall seek to establish formal Memoranda of
Understanding (MOU) with their civilian counterparts to establish or
improve the flow of information between their agencies, especially in
instances involving military personnel. MOUs can be used to clarify
jurisdictional issues for the investigation of incidents, to define the
mechanism whereby local law enforcement reports involving active duty
service members will be forwarded to the appropriate installation law
enforcement office, to encourage the local law enforcement agency to
refer victims of domestic violence to the installation Family Advocacy
office or victim advocate, and to foster cooperation and collaboration
between the installation law enforcement agency and local civilian
agencies.
(b) Installation commanders are authorized to contract for local,
state, or federal law enforcement services (enforcement of civil and
criminal laws of the state) from civilian police departments. (Section
120 of the Water Resources Development Act of 1976). Section 120(a) of
the Water Resources Development Act of 1976 authorizes the Secretary of
the Army, acting through the Chief of Engineers, to contract with States
and their political subdivisions for the purpose of obtaining increased
law enforcement services at water resource development projects under
the jurisdiction of the Secretary of the Army to meet needs during peak
visitation periods.
(c) MOUs will address the following issues at a minimum:
(1) A general statement of the purpose of the MOU.
(2) An explanation of jurisdictional issues that affect respective
responsibilities to and investigating incidents occurring on and off the
installation. This section should also address jurisdictional issues
when a civilian order of protection is violated on military property
(see 10 U.S.C. 1561a).
(3) Procedures for responding to incidents that occur on the
installation involving a civilian alleged offender.
(4) Procedures for local law enforcement to immediately (within 4
hours) notify the installation law enforcement office of incidents/
investigations involving service members.
(5) Procedures for transmitting incident/investigation reports and
other law enforcement information involving active duty service members
from local civilian law enforcement agencies to the installation law
enforcement office.
(6) Notification that a Solider is required to register as a sex
offender either as the result of military judicial proceedings or
civilian judicial proceedings.
(7) Procedures for transmitting civilian protection orders (CPOs)
issued by civilian courts or magistrates involving active duty service
members from local law enforcement agencies to the installation law
enforcement office.
(8) Designation of the title of the installation law enforcement
recipient of such information from the local law enforcement agency.
(9) Procedures for transmitting military protection orders (MPOs)
from the installation law enforcement office to the local civilian law
enforcement agency with jurisdiction over the area in which any person
named in the order resides.
(10) Designation of the title of the local law enforcement agency
recipient of domestic violence and CPO information from the installation
law enforcement agency.
(11) Respective responsibilities for providing information to
victims regarding installation resources when either the victim or the
alleged offender is an active duty service member.
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(12) Sharing of information and facilities during the course of an
investigation in accordance with the Privacy Act of 1974 (see 5 U.S.C.
552a(b)(7)).
(13) Regular meetings between the local civilian law enforcement
agency and the installation law enforcement office to review cases and
MOU procedures.
Sec. 635.21 Suspicious Activity Reporting (SAR).
(a) The Army will use eGuardian to report, share and analyze
unclassified suspicious activity information regarding potential threats
or suspicious activities affecting DoD personnel, facilities, or forces
in transit in both CONUS and OCONUS. USACIDC is the Army's eGuardian
program manager.
(b) eGuardian is the Federal Bureau of Investigation's (FBI)
sensitive-but-unclassified web-based platform for reporting, and in some
instances, sharing, suspicious activity and threat related information
with other federal, state, tribal, and territorial law enforcement and
force protection entities. Information entered into eGuardian by the
Army may be either shared with all eGuardian participants or reported
directly to the FBI. All information entered into eGuardian by the Army
will comply with the policy framework for the system and any existing
agency agreements, which incorporate privacy protections. Analysis of
SARs will assist CRIMINTEL analysts and commanders in mitigating
potential threats and vulnerabilities, and developing annual threat
assessments.
(c) Any concerned soldier or citizen can submit a SAR to the nearest
installation PMO/DES, CI or CID office. The receiving office will then
be responsible for reviewing the information and determining whether it
is appropriate for submission into eGuardian.
Subpart D_Victim and Witness Assistance Procedures
Sec. 635.22 Procedures.
(a) As required by DoDD 1030.01 (Available at http://www.dtic.mil/
whs/directives/corres/pdf/103001p.pdf), Army personnel involved in the
detection, investigation, and prosecution of crimes must ensure that
victims and witnesses rights are protected. Victim's rights include-
(1) The right to be treated with fairness, dignity, and a respect
for privacy.
(2) The right to be reasonably protected from the accused offender.
(3) The right to be notified of court proceedings.
(4) The right to be present at all public court proceedings related
to the offense, unless the court determines that testimony by the victim
would be materially affected if the victim heard other testimony at
trial, or for other good cause.
(5) The right to confer with the attorney for the Government in the
case.
(6) The right to restitution, if appropriate.
(7) The right to information regarding conviction, sentencing,
imprisonment, and release of the offender from custody.
(b) [Reserved]
Subpart E_National Crime Information Center Policy
Sec. 635.23 Standards.
The use of NCIC is limited to authorized criminal justice purposes
such as, stolen vehicle checks or wants and warrants. Subject to FBI
regulations and policy, NCIC checks of visitors to a military
installation may be authorized by the Installation/Garrison Commander as
set forth in DoD 5200.08-R (Available at http://www.dtic.mil/whs/
directives/corres/pdf/520008r.pdf) and DoDI 5200.08 (Available at http:/
/www.dtic.mil/whs/directives/corres/pdf/520008p.pdf). Visitors to Army
installations are non-DoD affiliated personnel.
[[Page 63]]
SUBCHAPTER J_REAL PROPERTY
PARTS 641 649 [RESERVED]
[[Page 64]]
SUBCHAPTER K_ENVIRONMENTAL QUALITY
PART 651_ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200 2)-
-Table of Contents
Subpart A_Introduction
Sec.
651.1 Purpose.
651.2 References.
651.3 Explanation of abbreviations and terms.
651.4 Responsibilities.
651.5 Army policies.
651.6 NEPA analysis staffing.
651.7 Delegation of authority for non-acquisition systems.
651.8 Disposition of final documents.
Subpart B_National Environmental Policy Act and the Decision Process
651.9 Introduction.
651.10 Actions requiring environmental analysis.
651.11 Environmental review categories.
651.12 Determining appropriate level of NEPA analysis.
651.13 Classified actions.
651.14 Integration with Army planning.
651.15 Mitigation and monitoring.
651.16 Cumulative impacts.
651.17 Environmental justice.
Subpart C_Records and Documents
651.18 Introduction.
651.19 Record of environmental consideration.
651.20 Environmental assessment.
651.21 Finding of no significant impact.
651.22 Notice of intent.
651.23 Environmental impact statement.
651.24 Supplemental EAs and supplemental EISs.
651.25 Notice of availability.
651.26 Record of decision.
651.27 Programmatic NEPA analyses.
Subpart D_Categorical Exclusions
651.28 Introduction.
651.29 Determining when to use a CX (screening criteria).
651.30 CX actions.
651.31 Modification of the CX list.
Subpart E_Environmental Assessment
651.32 Introduction.
651.33 Actions normally requiring an EA.
651.34 EA components.
651.35 Decision process.
651.36 Public involvement.
651.37 Public availability.
651.38 Existing environmental assessments.
651.39 Significance.
Subpart F_Environmental Impact Statement
651.40 Introduction.
651.41 Conditions requiring an EIS.
651.42 Actions normally requiring an EIS.
651.43 Format of the EIS.
651.44 Incomplete information.
651.45 Steps in preparing and processing an EIS.
651.46 Existing EISs.
Figures 4-8 to Subpart F of Part 651
Subpart G_Public Involvement and the Scoping Process
651.47 Public involvement.
651.48 Scoping process.
651.49 Preliminary phase.
651.50 Public interaction phase.
651.51 The final phase.
651.52 Aids to information gathering.
651.53 Modifications of the scoping process.
Subpart H_Environmental Effects of Major Army Action Abroad
651.54 Introduction.
651.55 Categorical exclusions.
651.56 Responsibilities.
Appendix A to Part 651--References
Appendix B to Part 651--Categorical Exclusions
Appendix C to Part 651--Mitigation and Monitoring
Appendix D to Part 651--Public Participation Plan
Appendix E to Part 651--Content of the Environmental Impact Statement
Appendix F to Part 651--Glossary
Authority: 42 U.S.C. 4321 et seq.; 40 CFR Parts 1500-1508; E.O.
12114, 44 FR 1957, 3 CFR, 1979 Comp., p. 356.
Source: 67 FR 15291, Mar. 29, 2002, unless otherwise noted.
Subpart A_Introduction
Sec. 651.1 Purpose.
(a) This part implements the National Environmental Policy Act of
1969 (NEPA), setting forth the Army's policies and responsibilities for
the early integration of environmental considerations into planning and
decision-making.
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(b) This part requires environmental analysis of Army actions
affecting human health and the environment; providing criteria and
guidance on actions normally requiring Environmental Assessments (EAs)
or Environmental Impact Statements (EISs), and listing Army actions that
are categorically excluded from such requirements, provided specific
criteria are met.
(c) This part supplements the regulations of the Council on
Environmental Quality (CEQ) in the Code of Federal Regulations (CFR) (40
CFR parts 1500-1508) for Army actions, and must be read in conjunction
with them.
(d) All Army acquisition programs must use this part in conjunction
with Department of Defense (DOD) 5000.2-R (Mandatory Procedures for
Major Defense Acquisition Programs and Major Automated Information
Systems).
(e) This part applies to actions of the Active Army and Army
Reserve, to functions of the Army National Guard (ARNG) involving
federal funding, and to functions for which the Army is the DOD
executive agent. It does not apply to Civil Works functions of the US
Army Corps of Engineers (USACE) or to combat or combat-related
activities in a combat or hostile fire zone. Operations Other Than War
(OOTW) or Stability and Support Operations (SASO) are subject to the
provisions of this part as specified in subpart H of this part. This
part applies to relevant actions within the United States, which is
defined as all States; the District of Columbia; territories and
possessions of the United States; and all waters and airspace subject to
the territorial jurisdiction of the United States. The territories and
possessions of the United States include the Virgin Islands, American
Samoa, Wake Island, Midway Island, Guam, Palmyra Island, Johnston Atoll,
Navassa Island, and Kingman Reef. This regulation also applies to
actions in the Commonwealths of Puerto Rico and the Northern Marianas,
the Republic of the Marshall Islands, and the Federated States of
Micronesia and Palau (Republic of Belau). In addition, this part
addresses the responsibility of the Army for the assessment and
consideration of environmental effects for peacetime SASO operations
worldwide. Throughout this part, emphasis is placed upon quality
analysis of environmental effects, not the production of documents.
Documentation is necessary to present and staff results of the analyses,
but the objective of NEPA and Army NEPA policy is quality analysis in
support of the Army decision maker. The term ``analysis'' also includes
any required documentation to support the analysis, coordinate NEPA
requirements, and inform the public and the decision maker.
Sec. 651.2 References.
Required and related publications and referenced forms are listed in
Appendix A of this part.
Sec. 651.3 Explanation of abbreviations and terms.
Abbreviations and special terms used in this part are explained in
the glossary in Appendix F of this part.
Sec. 651.4 Responsibilities.
(a) The Assistant Secretary of the Army (Installations and
Environment) (ASA(I&E)). ASA(I&E) is designated by the Secretary of the
Army (SA) as the Army's responsible official for NEPA policy, guidance,
and oversight. In meeting these responsibilities, ASA(I&E) will:
(1) Maintain liaison with the Office of the Secretary of Defense
(OSD), Office of Management and Budget (OMB), Council on Environmental
Quality (CEQ), Environmental Protection Agency (EPA), Congressional
oversight committees, and other federal, state, and local agencies on
Army environmental policies.
(2) Review NEPA training at all levels of the Army, including
curricula at Army, DOD, other service, other agency, and private
institutions; and ensure adequacy of NEPA training of Army personnel at
all levels.
(3) Establish an Army library for EAs and EISs, which will serve as:
(i) A means to ascertain adherence to the policies set forth in this
part, as well as potential process improvements; and
(ii) A technical resource for proponents and preparers of NEPA
documentation.
[[Page 66]]
(b) The Assistant Secretary of the Army (Acquisition, Logistics, and
Technology) (ASA(AL&T)). ASA(AL&T) will:
(1) Under oversight of the ASA(I&E), execute those NEPA policy
provisions contained herein that pertain to the ASA(AL&T)
responsibilities in the Army materiel development process, as described
in Army Regulation (AR) 70-1, Army Acquisition Policy.
(2) Prepare policy for the Army Acquisition Executive (AAE) to
develop and administer a process of review and approval of environmental
analyses during the Army materiel development process.
(3) Prepare research, development, test, and evaluation (RDT&E) and
procurement budget justifications to support Materiel Developer (MATDEV)
implementation of NEPA provisions.
(c) The Army Acquisition Executive (AEE). The AAE will, under the
Army oversight responsibilities assigned to ASA(I&E):
(1) Administer a process to:
(i) Execute all those NEPA policy provisions contained herein that
pertain to all acquisition category (ACAT) programs, projects, and
products;
(ii) Ensure that Milestone Decision Authorities (MDAs), at all
levels, assess the effectiveness of environmental analysis in all phases
of the system acquisition process, including legal review of these
requirements;
(iii) Establish resource requirements and program, plan, and budget
exhibits for inclusion in annual budget decisions;
(iv) Review and approve NEPA documentation at appropriate times
during materiel development, in conjunction with acquisition phases and
milestone reviews as established in the Acquisition Strategy; and
(v) Establish NEPA responsibility and awareness training
requirements for Army Acquisition Corps personnel.
(2) Ensure Program Executive Officers (PEOs), Deputies for Systems
Acquisition (DSAs), and direct-reporting Program Managers (PMs) will:
(i) Supervise assigned programs, projects, and products to ensure
that each environmental analysis addresses all applicable environmental
laws, executive orders, and regulations.
(ii) Ensure that environmental considerations are integrated into
system acquisition plans/strategies, Test and Evaluation Master Plans
(TEMPs) and Materiel Fielding Plans, Demilitarization/Disposal Plans,
system engineering reviews/Integrated Process Team (IPT) processes, and
Overarching Integrated Process Team (OIPT) milestone review processes.
(iii) Coordinate environmental analysis with appropriate
organizations to include environmental offices such as Army Acquisition
Pollution Prevention Support Office (AAPPSO) and U.S. Army Environmental
Center (USAEC) and operational offices and organizations such as testers
(developmental/operational), producers, users, and disposal offices.
(3) Ensure Program, Project, Product Managers, and other MATDEVs
will:
(i) Initiate the environmental analysis process prescribed herein
upon receiving the project office charter to commence the materiel
development process, and designate a NEPA point of contact (POC) to the
Director of Environmental Programs (DEP).
(ii) Integrate the system's environmental analysis (including NEPA)
into the system acquisition strategy, milestone review planning, system
engineering, and preliminary design, critical design, and production
readiness reviews.
(iii) Apply policies and procedures set forth in this part to
programs and actions within their organizational and staff
responsibility.
(iv) Coordinate with installation managers and incorporate comments
and positions of others (such as the Assistant Chief of Staff for
Installation Management (ACSIM) and environmental offices of the
development or operational testers, producers, users, and disposers)
into the decision-making process.
(v) Initiate the analysis of environmental considerations, assess
the environmental consequences of proposed programs and projects, and
undergo environmental analysis, as appropriate.
(vi) Maintain the administrative record of the program's
environmental analysis in accordance with this part.
[[Page 67]]
(vii) Coordinate with local citizens and other affected parties, and
incorporate appropriate comments into NEPA analyses.
(viii) Coordinate with ASA(I&E) when NEPA analyses for actions under
AAE purview require publication in the Federal Register (FR).
(d) The Deputy Chief of Staff for Operations and Plans (DCSOPS).
DCSOPS is the proponent for Training and Operations activities. DCSOPS
will ensure that Major Army Commands (MACOMs) support and/or perform, as
appropriate, NEPA analysis of fielding issues related to specific local
or regional concerns when reviewing Materiel Fielding Plans prepared by
Combat Developers (CBTDEVs) or MATDEVs. This duty will include the
coordination of CBTDEV and MATDEV information with appropriate MACOMs
and Deputy Chief of Staff for Logistics (DCSLOG).
(e) The Assistant Chief of Staff for Installation Management
(ACSIM). ACSIM is responsible for coordinating, monitoring, and
evaluating NEPA activities within the Army. The Environmental Programs
Directorate is the Army Staff (ARSTAF) POC for environmental matters and
serves as the Army staff advocate for the Army NEPA requirements
contained in this part. The ACSIM will:
(1) Encourage environmental responsibility and awareness among Army
personnel to most effectively implement the spirit of NEPA.
(2) Establish and maintain the capability (personnel and other
resources) to comply with the requirements of this part. This
responsibility includes the provision of an adequately trained and
educated staff to ensure adherence to the policies and procedures
specified by this part.
(f) The Director of Environmental Programs. The director, with
support of the U.S. Army Environmental Center, and under the ACSIM,
will:
(1) Advise Army agencies in the preparation of NEPA analyses, upon
request.
(2) Review, as requested, NEPA analyses submitted by the Army, other
DOD components, and other federal agencies.
(3) Monitor proposed Army policy and program documents that have
environmental implications to determine compliance with NEPA
requirements and ensure integration of environmental considerations into
decision-making and adaptive management processes.
(4) Propose and develop Army NEPA guidance pursuant to policies
formulated by ASA(I&E).
(5) Advise project proponents regarding support and defense of Army
NEPA requirements through the budgeting process.
(6) Provide NEPA process oversight, in support of ASA(I&E), and, as
appropriate, technical review of NEPA documentation.
(7) Oversee proponent implementation and execution of NEPA
requirements, and develop and execute programs and initiatives to
address problem areas.
(8) Assist the ASA(I&E) in the evaluation of formal requests for the
delegation of NEPA responsibilities on a case-by-case basis. This
assistance will include:
(i) Determination of technical sufficiency of the description of
proposed action and alternatives (DOPAA) when submitted as part of the
formal delegation request (Sec. 651.7).
(ii) Coordination of the action with the MACOM requesting the
delegation.
(9) Periodically provide ASA(I&E) with a summary analysis and
recommendations on needed improvements in policy and guidance to Army
activities concerning NEPA implementation, in support of ASA(I&E)
oversight responsibilities.
(10) Advise headquarters proponents on how to secure funding and
develop programmatic NEPA analyses to address actions that are Army-
wide, where a programmatic approach would be appropriate to address the
action.
(11) Designate a NEPA PM to coordinate the Army NEPA program and
notify ASA(I&E) of the designation.
(12) Maintain manuals and guidance for NEPA analyses for major Army
programs in hard copy and make this guidance available on the World Wide
Web (WWW) and other electronic means.
(13) Maintain a record of NEPA POCs in the Army, as provided by the
MACOMs and other Army agencies.
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(14) Forward electronic copies of all EAs, and EISs to AEC to ensure
inclusion in the Army NEPA library; and ensure those same documents are
forwarded to the Defense Technical Information Center (DTIC).
(g) Heads of Headquarters, Army agencies. The heads of headquarters,
Army agencies will:
(1) Apply policies and procedures herein to programs and actions
within their staff responsibility except for state-funded operations of
the Army National Guard (ARNG).
(2) Task the appropriate component with preparation of NEPA analyses
and documentation.
(3) Initiate the preparation of necessary NEPA analyses, assess
proposed programs and projects to determine their environmental
consequences, and initiate NEPA documentation for circulation and review
along with other planning or decision-making documents. These other
documents include, as appropriate, completed DD Form 1391 (Military
Construction Project Data), Case Study and Justification Folders,
Acquisition Strategies, and other documents proposing or supporting
proposed programs or projects.
(4) Coordinate appropriate NEPA analyses with ARSTAF agencies.
(5) Designate, record, and report to the DEP the identity of the
agency's single POC for NEPA considerations.
(6) Assist in the review of NEPA documentation prepared by DOD and
other Army or federal agencies, as requested.
(7) Coordinate proposed directives, instructions, regulations, and
major policy publications that have environmental implications with the
DEP.
(8) Maintain the capability (personnel and other resources) to
comply with the requirements of this part and include provisions for
NEPA requirements through the Program Planning and Budget Execution
System (PPBES) process.
(h) The Assistant Secretary of the Army for Financial Management
(ASA(FM)). ASA(FM) will establish procedures to ensure that NEPA
requirements are supported in annual authorization requests.
(i) The Judge Advocate General (TJAG). TJAG will provide legal
advice to the Army Staff and assistance in NEPA interpretation, federal
implementing regulations, and other applicable legal authority;
determine the legal sufficiency for Army NEPA documentation; and
interface with the Army General Counsel (GC) and the Department of
Justice on NEPA-related litigation.
(j) The Army General Counsel. The Army General Counsel will provide
legal advice to the Secretary of the Army on all environmental matters,
to include interpretation and compliance with NEPA and federal
implementing regulations and other applicable legal authority.
(k) The Surgeon General. The Surgeon General will provide technical
expertise and guidance to NEPA proponents in the Army, as requested, in
order to assess public health, industrial hygiene, and other health
aspects of proposed programs and projects.
(l) The Chief, Public Affairs. The Chief, Public Affairs will:
(1) Provide guidance on issuing public announcements such as
Findings of No Significant Impact (FNSIs), Notices of Intent (NOIs),
scoping procedures, Notices of Availability (NOAs), and other public
involvement activities; and establish Army procedures for issuing/
announcing releases in the FR.
(2) Review and coordinate planned announcements on actions of
national interest with appropriate ARSTAF elements and the Office of the
Assistant Secretary of Defense for Public Affairs (OASD(PA)).
(3) Assist in the issuance of appropriate press releases to coincide
with the publication of notices in the FR.
(4) Provide assistance to MACOM and installation Public Affairs
Officers (PAOs) regarding the development and release of public
involvement materials.
(m) The Chief of Legislative Liaison. The Chief of Legislative
Liaison will notify Members of Congress of impending proposed actions of
national concern or interest. The Chief will:
(1) Provide guidance to proponents at all levels on issuing
Congressional notifications on actions of national concern or interest.
(2) Review planned congressional notifications on actions of
national concern or interest.
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(3) Prior to (and in concert with) the issuance of press releases
and publications in the FR, assist in the issuance of congressional
notifications on actions of national concern or interest.
(n) Commanders of MACOMs, the Director of the Army National Guard,
and the U.S. Army Reserve Commander. Commanders of MACOMs, the Director
of the Army National Guard, and the U.S. Army Reserve Commander will:
(1) Monitor proposed actions and programs within their commands to
ensure compliance with this part, including mitigation monitoring,
utilizing Environmental Compliance Assessment System (ECAS),
Installation Status Report (ISR), or other mechanisms.
(2) Task the proponent of the proposed action with funding and
preparation of NEPA documentation and involvement of the public.
(3) Ensure that any proponent at the MACOM level initiates the
required environmental analysis early in the planning process, plans the
preparation of necessary NEPA documentation, and uses the analysis to
aid in the final decision.
(4) Assist in the review of NEPA documentation prepared by DOD and
other Army or federal agencies, as requested.
(5) Maintain official record copies of all NEPA documentation for
which they are the proponent, and file electronic copies of those EAs,
and final EISs with AEC.
(6) Provide coordination with Headquarters, Department of the Army
(HQDA) for proposed actions that have either significant impacts
requiring an EIS or are of national interest. This process will require
defining the purpose and need for the action, alternatives to be
considered, and other information, as requested by HQDA. It also must
occur early in the process and prior to an irretrievable commitment of
resources that will prejudice the ultimate decision or selection of
alternatives (40 CFR 1506.1). When delegated signature authority by
HQDA, this process also includes the responsibility for complying with
this part and associated Army environmental policy.
(7) Approve and forward NEPA documentation, as appropriate, for
actions under their purview.
(8) In the case of the Director, ARNG, or his designee, approve all
federal NEPA documentation prepared by all ARNG activities.
(9) Ensure environmental information received from MATDEVs is
provided to appropriate field sites to support site-specific
environmental analysis and NEPA requirements.
(10) Designate a NEPA PM to coordinate the MACOM NEPA program and
maintain quality control of NEPA analyses and documentation that are
processed through the command.
(11) Budget for resources to maintain oversight of NEPA and this
part.
(o) Installation Commanders; Commanders of U.S. Army Reserve Support
Commands; and The Adjutant Generals of the Army National Guard.
Installation Commanders; Commanders of U.S. Army Reserve Support
Commands; and The Adjutant Generals of the Army National Guard will:
(1) Establish an installation (command organization) NEPA program
and evaluate its performance through the Environmental Quality Control
Committee (EQCC) as required by AR 200-1, Environmental Protection and
Enhancement.
(2) Designate a NEPA POC to coordinate and manage the installation's
(command organization's) NEPA program, integrating it into all
activities and programs at the installation. The installation commander
will notify the MACOM of the designation.
(3) Establish a process that ensures coordination with the MACOM,
other installation staff elements (to include PAOs and tenants) and
others to incorporate NEPA requirements early in the planning of
projects and activities.
(4) Ensure that actions subject to NEPA are coordinated with
appropriate installation organizations responsible for such activities
as master planning, natural and cultural resources management, or other
installation activities and programs.
(5) Ensure that funding for environmental analysis is prioritized
and planned, or otherwise arranged by the proponent, and that
preparation of NEPA analyses, including the involvement of the public,
is consistent with the requirements of this part.
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(6) Approve NEPA analyses for actions under their purview. The
Adjutant General will review and endorse documents and forward to the
NGB for final approval.
(7) Ensure the proponent initiates the NEPA analysis of
environmental consequences and assesses the environmental consequences
of proposed programs and projects early in the planning process.
(8) Assist in the review of NEPA analyses affecting the installation
or activity, and those prepared by DOD and other Army or federal
agencies, as requested.
(9) Provide information through the chain of command on proposed
actions of national interest to higher headquarters prior to initiation
of NEPA documentation.
(10) Maintain official record copies of all NEPA documentation for
which they are the proponent and forward electronic copies of those
final EISs and EAs through the MACOM to AEC.
(11) Ensure that the installation proponents initiate required
environmental analyses early in the planning process and plan the
preparation of necessary NEPA documentation.
(12) Ensure NEPA awareness and/or training is provided for
professional staff, installation-level proponents, and document
reviewers (for example, master planning, range control, etc.).
(13) Solicit support from MACOMs, CBTDEVs, and MATDEVs, as
appropriate, in preparing site-specific environmental analysis.
(14) Ensure that local citizens are aware of and, where appropriate,
involved in NEPA analyses, and that public comments are obtained and
considered in decisions regarding proposals.
(15) Use environmental impact analyses to determine the best
alternatives from an environmental perspective, and to ensure that these
determinations are part of the Army decision process.
(p) Environmental Officers. Environmental officers (at the
Installation, MACOM, and Army activity level) shall, under the authority
of the Installation Commander; Commanders of U.S. Army Reserves Regional
Support Commands; and Director NGB-ARE (Installation Commanders):
(1) Represent the Installation, MACOM, or activity Commander on NEPA
matters.
(2) Advise the proponent on the selection, preparation, and
completion of NEPA analyses and documentation. This approach will
include oversight on behalf of the proponent to ensure adequacy and
support for the proposed action, including mitigation monitoring.
(3) Develop and publish local guidance and procedures for use by
NEPA proponents to ensure that NEPA documentation is procedurally and
technically correct. (This includes approval of Records of Environmental
Consideration (RECs).)
(4) Identify any additional environmental information needed to
support informed Army decision-making.
(5) Budget for resources to maintain oversight with NEPA and this
part.
(6) Assist proponents, as necessary, to identify issues, impacts,
and possible alternatives and/or mitigations relevant to specific
proposed actions.
(7) Assist, as required, in monitoring to ensure that specified
mitigation measures in NEPA analyses are accomplished. This monitoring
includes assessing the effectiveness of the mitigations.
(8) Ensure completion of agency and community coordination.
(q) Proponents. Proponents at all levels will:
(1) Identify the proposed action, the purpose and need, and
reasonable alternatives for accomplishing the action.
(2) Fund and prepare NEPA analyses and documentation for their
proposed actions. This responsibility will include negotiation for
matrix support and services outside the chain of command when additional
expertise is needed to prepare, review, or otherwise support the
development and approval of NEPA analyses and documentation. These NEPA
costs may be borne by successful contract offerors.
(3) Ensure accuracy and adequacy of NEPA analyses, regardless of the
author. This work includes incorporation of comments from appropriate
servicing Army environmental and legal staffs.
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(4) Ensure adequate opportunities for public review and comment on
proposed NEPA actions, in accordance with applicable laws and EOs as
discussed in Sec. 651.14 (e). This step includes the incorporation of
public and agency input into the decision-making process.
(5) Ensure that NEPA analysis is prepared and staffed sufficiently
to comply with the intent and requirements of federal laws and Army
policy. These documents will provide enough information to ensure that
Army decision makers (at all levels) are informed in the performance of
their duties (40 CFR 1501.2, 1505.1). This result requires coordination
and resolution of important issues developed during the environmental
analysis process, especially when the proposed action may involve
significant environmental impacts, and includes the incorporation of
comments from an affected installation's environmental office in
recommendations made to decision makers.
(6) Adequately fund and implement the decision including all
mitigation actions and effectiveness monitoring.
(7) Prepare and maintain the official record copy of all NEPA
analyses and documentation for which they are the proponent. This step
will include the provision of electronic copies of all EAs, final EISs,
and Records of Decision (RODs), through their chain of command, to AEC,
and forwarding of those same documents to the Defense Technical
Information Center (DTIC) as part of their public distribution
procedures. In addition, copies of all EAs and FNSIs (in electronic
copy) will be provided to ODEP. A copy of the documentation should be
maintained for six years after signature of the FNSI/ROD.
(8) Maintain the administrative record for the environmental
analysis performed. The administrative record shall be retained by the
proponent for a period of six years after completion of the action,
unless the action is controversial or of a nature that warrants keeping
it longer. The administrative record includes all documents and
information used to make the decision. This administrative record should
contain, but is not limited to, the following types of records:
(i) Technical information used to develop the description of the
proposed action, purpose and need, and the range of alternatives.
(ii) Studies and inventories of affected environmental baselines.
(iii) Correspondence with regulatory agencies.
(iv) Correspondence with, and comments from, private citizens,
Native American tribes, Alaskan Natives, local governments, and other
individuals and agencies contacted during public involvement.
(v) Maps used in baseline studies.
(vi) Maps and graphics prepared for use in the analysis.
(vii) Affidavits of publications and transcripts of any public
participation.
(viii) Other written records that document the preparation of the
NEPA analysis.
(ix) An index or table of contents for the administrative record.
(9) Identify other requirements that can be integrated and
coordinated within the NEPA process. After doing so, the proponent
should establish a strategy for concurrent, not sequential, compliance;
sharing similar data, studies, and analyses; and consolidating
opportunities for public participation. Examples of relevant statutory
and regulatory processes are given in Sec. 651.14 (e).
(10) Identify and coordinate with public agencies, private
organizations, and individuals that may have an interest in or
jurisdiction over a resource that might be impacted. Coordination should
be accomplished in cooperation with the Installation Environmental
Offices in order to maintain contact and continuity with the regulatory
and environmental communities. Applicable agencies include, but are not
limited to:
(i) State Historic Preservation Officer.
(ii) Tribal Historic Preservation Officer.
(iii) U.S. Fish and Wildlife Service.
(iv) Regional offices of the EPA.
(v) State agencies charged with protection of the environment,
natural resources, and fish and wildlife.
(vi) USACE Civil Works regulatory functions, including Clean Water
Act, Section 404, permitting and wetland protection.
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(vii) National Marine Fisheries Service.
(viii) Local agencies and/or governing bodies.
(ix) Environmental interest groups.
(x) Minority, low-income, and disabled populations.
(xi) Tribal governments.
(xii) Existing advisory groups (for example, Restoration Advisory
Boards, Citizens Advisory Commissions, etc.).
(11) Identify and coordinate, in concert with environmental offices,
proposed actions and supporting environmental analyses with local and/or
regional ecosystem management initiatives such as the Mojave Desert
Ecosystem Management Initiative or the Chesapeake Bay Initiative.
(12) Review Army policies, including AR 200-1 (Environmental
Protection and Enhancement), AR 200-3 (Natural Resources--Land, Forest,
and Wildlife Management), and AR 200-4 (Cultural Resources Management)
to ensure that the proposed action is coordinated with appropriate
resource managers, operators, and planners, and is consistent with
existing Army plans and their supporting NEPA analyses.
(13) Identify potential impacts to (and consult with as appropriate)
American Indian, Alaskan Native, or Native Hawaiian lands, resources, or
cultures (for example, sacred sites, traditional cultural properties,
treaty rights, subsistence hunting or fishing rights, or cultural items
subject to the Native American Graves Protection and Repatriation Act
(NAGPRA)). All consultation shall be conducted on a Government-to-
Government basis in accordance with the Presidential Memorandum on
Government-to-Government Relations with Tribal Governments (April 29,
1994) (3 CFR, 1994 Comp., p. 1007) and AR 200-4 (Cultural Resources
Management). Proponents shall consider, as appropriate, executing
Memoranda of Agreements (MOAs) with interested Native American groups
and tribes to facilitate timely and effective participation in the NEPA
process. These agreements should be accomplished in cooperation with
Installation Environmental Offices in order to maintain contact and
continuity with the regulatory and environmental communities.
(14) Review NEPA documentation that relies upon mitigations that
were not accomplished to determine if the NEPA analysis needs to be
rewritten or updated. Such an update is required if the unaccomplished
mitigation was used to support a FNSI. Additional public notice/
involvement must accompany any rewrites.
(r) The Commander, U.S. Army Training and Doctrine Command (TRADOC).
The Commander, TRADOC will:
(1) Ensure that NEPA requirements are understood and options
incorporated in the Officer Foundation Standards (OFS).
(2) Integrate environmental considerations into doctrine, training,
leader development, organization, materiel, and soldier (DTLOMS)
processes.
(3) Include environmental expert representation on all Integrated
Concept Teams (ICTs) involved in requirements determinations.
(4) Ensure that TRADOC CBTDEVs retain and transfer any environmental
analysis or related data (such as alternatives analysis) to the MATDEV
upon approval of a materiel need. This information and data will serve
as the basis for the MATDEV's Acquisition Strategy and subsequent NEPA
analyses.
(5) Ensure that environmental considerations are incorporated into
the Mission Needs Statements (MNSs) and Operational Requirements
Documents (ORDs).
Sec. 651.5 Army policies.
(a) NEPA establishes broad federal policies and goals for the
protection of the environment and provides a flexible framework for
balancing the need for environmental quality with other essential
societal functions, including national defense. The Army is expected to
manage those aspects of the environment affected by Army activities;
comprehensively integrating environmental policy objectives into
planning and decision-making. Meaningful integration of environmental
considerations is accomplished by efficiently and effectively informing
Army planners and decision makers. The Army will use the flexibility of
NEPA to ensure implementation in the most cost-efficient and effective
manner. The
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depth of analyses and length of documents will be proportionate to the
nature and scope of the action, the complexity and level of anticipated
effects on important environmental resources, and the capacity of Army
decisions to influence those effects in a productive, meaningful way
from the standpoint of environmental quality.
(b) The Army will actively incorporate environmental considerations
into informed decision-making, in a manner consistent with NEPA.
Communication, cooperation, and, as appropriate, collaboration between
government and extra-government entities is an integral part of the NEPA
process. Army proponents, participants, reviewers, and approvers will
balance environmental concerns with mission requirements, technical
requirements, economic feasibility, and long-term sustainability of Army
operations. While carrying out its mission, the Army will also encourage
the wise stewardship of natural and cultural resources for future
generations. Decision makers will be cognizant of the impacts of their
decisions on cultural resources, soils, forests, rangelands, water and
air quality, fish and wildlife, and other natural resources under their
stewardship, and, as appropriate, in the context of regional ecosystems.
(c) Environmental analyses will reflect appropriate consideration of
non-statutory environmental issues identified by federal and DOD orders,
directives, and policy guidance. Some examples are in Sec. 651.14 (e).
Potential issues will be discussed and critically evaluated during
scoping and other public involvement processes.
(d) The Army will continually take steps to ensure that the NEPA
program is effective and efficient. Effectiveness of the program will be
determined by the degree to which environmental considerations are
included on a par with the military mission in project planning and
decision-making. Efficiency will be promoted through the following:
(1) Awareness and involvement of the proponent in the NEPA process.
(2) NEPA technical and awareness training, as appropriate, at all
decision levels of the Army.
(3) Where appropriate, the use of programmatic analyses and tiering
to ensure consideration at the appropriate decision levels, elimination
of repetitive discussion, consideration of cumulative effects, and focus
on issues that are important and appropriate for discussion at each
level.
(4) Use of the scoping and public involvement processes to limit the
analysis of issues to those which are of interest to the public and/or
important to the decision-making at hand.
(5) Elimination of needless paperwork by focusing documents on the
major environmental issues affecting those decisions.
(6) Early integration of the NEPA process into all aspects of Army
planning, so as to prevent disruption in the decision-making process;
ensuring that NEPA personnel function as team members, supporting the
Army planning process and sound Army decision-making. All NEPA analyses
will be prepared by an interdisciplinary team.
(7) Partnering or coordinating with agencies, organizations, and
individuals whose specialized expertise will improve the NEPA process.
(8) Oversight of the NEPA program to ensure continuous process
improvement. NEPA requirements will be integrated into other
environmental reporting requirements, such as the ISR.
(9) Clear and concise communication of data, documentation, and
information relevant to NEPA analysis and documentation.
(10) Environmental analysis of strategic plans based on:
(i) Scoping thoroughly with agencies, organizations, and the public;
(ii) Setting specific goals for important environmental resources;
(iii) Monitoring of impacts to these resources;
(iv) Reporting of monitoring results to the public; and
(v) Adaptive management of Army operations to stay on course with
the strategic plan's specific resource goals.
(11) Responsive staffing through HQDA and the Secretariat. To the
extent possible, documents and transmittal packages will be acted upon
within 30 calendar days of receipt by each office through which they are
staffed. These actions will be approved
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and transmitted, if the subject material is adequate; or returned with
comment in those cases where additional work is required. Cases where
these policies are violated should be identified to ASA (I&E) for
resolution.
(e) Army leadership and commanders at all levels are required to:
(1) Establish and maintain the capability (personnel and other
resources) to ensure adherence to the policies and procedures specified
by this part. This should include the use of the PPBES, EPR, and other
established resourcing processes. This capability can be provided
through the use of a given mechanism or mix of mechanisms (contracts,
matrix support, and full-time permanent (FTP) staff), but sufficient FTP
staff involvement is required to ensure:
(i) Army cognizance of the analyses and decisions being made; and
(ii) Sufficient institutional knowledge of the NEPA analysis to
ensure that Army NEPA responsibilities (pre- and post-decision) are met.
Every person preparing, implementing, supervising, and managing projects
involving NEPA analysis must be familiar with the requirements of NEPA
and the provisions of this part.
(2) Ensure environmental responsibility and awareness among
personnel to most effectively implement the spirit of NEPA. All
personnel who are engaged in any activity or combination of activities
that significantly affect the quality of the human environment will be
aware of their NEPA responsibility. Only through alertness, foresight,
notification through the chain of command, and training and education
will NEPA goals be realized.
(f) The worldwide, transboundary, and long-range character of
environmental problems will be recognized, and, where consistent with
national security requirements and U.S. foreign policy, appropriate
support will be given to initiatives, resolutions, and programs designed
to maximize international cooperation in protecting the quality of the
world human and natural environment. Consideration of the environment
for Army decisions involving activities outside the United States (see
Sec. 651.1(e)) will be accomplished pursuant to Executive Order 12114
(Environmental Effects Abroad of Major Federal Actions, 4 January 1979),
host country final governing standards, DOD Directive (DODD) 6050.7
(Environmental Effects Abroad of Major DOD Actions), DOD Instructions
(DODIs), and the requirements of this part. An environmental planning
and evaluation process will be incorporated into Army actions that may
substantially affect the global commons, environments of other nations,
or any protected natural or ecological resources of global importance.
(g) Army NEPA documentation must be periodically reviewed for
adequacy and completeness in light of changes in project conditions.
(1) Supplemental NEPA documentation is required when:
(i) The Army makes substantial changes in the proposed action that
are relevant to environmental concerns; or
(ii) There are significant new circumstances or information relevant
to environmental concerns and bearing on the proposed action or its
impact.
(2) This review requires that the proponent merely initiate another
``hard look'' to ascertain the adequacy of the previous analyses and
documentation in light of the conditions listed in paragraph (g)(1) of
this section. If this review indicates no need for new or supplemental
documentation, a REC can be produced in accordance with this part.
Proponents are required to periodically review relevant existing NEPA
analyses to ascertain the need for supplemental documentation and
document this review in a REC format.
(h) Contractors frequently prepare EISs and EAs. To obtain unbiased
analyses, contractors must be selected in a manner avoiding any conflict
of interest. Therefore, contractors will execute disclosure statements
specifying that they have no financial or other interest in the outcome
of the project. The contractor's efforts should be closely monitored
throughout the contract to ensure an adequate assessment/statement and
also avoid extensive, time-consuming, and costly analyses or revisions.
Project proponents and NEPA program managers must be continuously
informed and involved.
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(i) When appropriate, NEPA analyses will reflect review for
operations security principles and procedures, described in AR 530-1
(Operations Security (OPSEC)), on the cover sheet or signature page.
(j) Environmental analyses and associated investigations are
advanced project planning, and will be funded from sources other than
military construction (MILCON) funds. Operations and Maintenance Army
(OMA), Operations and Maintenance, Army Reserve (OMAR), and Operations
and Maintenance, Army National Guard (OMANG), RDT&E, or other operating
funds are the proper sources of funds for such analysis and
documentation. Alternative Environmental Compliance Achievement Program
(non-ECAP) funds will be identified for NEPA documentation, monitoring,
and other required studies as part of the MILCON approval process.
(k) Costs of design and construction mitigation measures required as
a direct result of MILCON projects will be paid from MILCON funds, which
will be included in the cost estimate and description of work on DD Form
1391, Military Construction Project Data.
(l) Response actions implemented in accordance with the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) or the Resource Conservation and Recovery Act (RCRA) are not
legally subject to NEPA and do not require separate NEPA analysis. As a
matter of Army policy, CERCLA and RCRA analysis and documentation should
incorporate the values of NEPA and:
(1) Establish the scope of the analysis through full and open public
participation;
(2) Analyze all reasonable alternative remedies, evaluating the
significance of impacts resulting from the alternatives examined; and
(3) Consider public comments in the selection of the remedy. The
decision maker shall ensure that issues involving substantive
environmental impacts are addressed by an interdisciplinary team.
(m) MATDEVs, scientists and technologists, and CBTDEVs are
responsible for ensuring that their programs comply with NEPA as
directed in this part.
(1) Prior to assignment of a MATDEV to plan, execute, and manage a
potential acquisition program, CBTDEVs will retain environmental
analyses and data from requirements determination activities, and
Science and Technology (S&T) organizations will develop and retain data
for their technologies. These data will transition to the MATDEV upon
assignment to plan, execute, and manage an acquisition program. These
data (collected and produced), as well as the decisions made by the
CBTDEVs, will serve as a foundation for the environment, safety, and
health (ESH) evaluation of the program and the incorporation of program-
specific NEPA requirements into the Acquisition Strategy. Programmatic
ESH evaluation is considered during the development of the Acquisition
Strategy as required by DOD 5000.2-R for all ACAT programs. Programmatic
ESH evaluation is not a NEPA document. It is a planning, programming,
and budgeting strategy into which the requirements of this part are
integrated. Environmental analysis must be a continuous process
throughout the materiel development program. During this continuous
process, NEPA analysis and documentation may be required to support
decision-making prior to any decision that will prejudice the ultimate
decision or selection of alternatives (40 CFR 1506.1). In accordance
with DOD 5000.2.R, the MATDEV is responsible for environmental analysis
of acquisition life-cycle activities (including disposal). Planning to
accomplish these responsibilities will be included in the appropriate
section of the Acquisition Strategy.
(2) MATDEVs are responsible for the documentation regarding general
environmental effects of all aspects of the system (including operation,
fielding, and disposal) and the specific effects for all activities for
which he/she is the proponent.
(3) MATDEVs will include, in their Acquisition Strategy, provisions
for developing and supplementing their NEPA analyses and documentation,
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and provide data to support supplemental analyses, as required,
throughout the life cycle of the system. The MATDEV will coordinate with
ASA (AL&T) or MACOM proponent office, ACSIM, and ASA(I&E), identifying
NEPA analyses and documentation needed to support milestone decisions.
This requirement will be identified in the Acquisition Strategy and the
status will be provided to the ACSIM representative prior to milestone
review. The Acquisition Strategy will outline the system-specific plans
for NEPA compliance, which will be reviewed and approved by the
appropriate MDA and ACSIM. Compliance with this plan will be addressed
at Milestone Reviews.
(n) AR 700-142 requires that environmental requirements be met to
support materiel fielding. During the development of the Materiel
Fielding Plan (MFP), and Materiel Fielding Agreement (MFA), the MATDEV
and the materiel receiving command will identify environmental
information needed to support fielding decisions. The development of
generic system environmental and NEPA analyses for the system under
evaluation, including military construction requirements and new
equipment training issues, will be the responsibility of the MATDEV. The
development of site-specific environmental analyses and NEPA
documentation (EAs/EISs), using generic system environmental analyses
supplied by the MATDEV, will be the responsibility of the receiving
Command.
(o) Army proponents are encouraged to draw upon the special
expertise available within the Office of the Surgeon General (OSG)
(including the U.S. Army Center for Health Promotion and Preventive
Medicine (USACHPPM)), and USACE District Environmental Staff to identify
and evaluate environmental health impacts, and other agencies, such as
USAEC, can be used to assess potential environmental impacts). In
addition, other special expertise is available in the Army, DOD, other
federal agencies, state and local agencies, tribes, and other
organizations and individuals. Their participation and assistance is
also encouraged.
Sec. 651.6 NEPA analysis staffing.
(a) NEPA analyses will be prepared by the proponent using
appropriate resources (funds and manpower). The proponent, in
coordination with the appropriate NEPA program manager, shall determine
what proposal requires NEPA analysis, when to initiate NEPA analysis,
and what level of NEPA analysis is initially appropriate. The proponent
shall remain intimately involved in determining appropriate milestones,
timelines, and inputs required for the successful conduct of the NEPA
process, including the use of scoping to define the breadth and depth of
analysis required. In cases where the document addresses impacts to an
environment whose management is not in the proponents' chain of command
(for example, installation management of a range for MATDEV testing or
installation management of a fielding location), the proponent shall
coordinate the analysis and preparation of the document and identify the
resources needed for its preparation and staffing through the command
structure of that affected activity.
(b) The approving official is responsible for approving NEPA
documentation and ensuring completion of the action, including any
mitigation actions needed. The approving official may be an installation
commander; or, in the case of combat/materiel development, the MATDEV,
MDA, or AAE.
(c) Approving officials may select a lead reviewer for NEPA analysis
before approving it. The lead reviewer will determine and assemble the
personnel needed for the review process. Funding needed to accomplish
the review shall be negotiated with the proponent, if required. Lead
reviewer may be an installation EC or a NEPA POC designated by an MDA
for a combat/materiel development program.
(d) The most important document is the initial NEPA document (draft
EA or draft EIS) being processed. Army reviewers are accountable for
ensuring thorough early review of draft NEPA analyses. Any organization
that raises new concerns or comments during final staffing will explain
why issues were not raised earlier. NEPA analyses requiring public
release in the FR will be forwarded to ASA(I&E), through the
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chain of command, for review. This includes all EISs and all EAs that
are of national interest or concern. The activities needed to support
public release will be coordinated with ASA(I&E). Public release will
not proceed without ASA(I&E) approval.
(e) Public release of NEPA analyses in the FR should be limited to
EISs, or EAs that are environmentally controversial or of national
interest or concern. When analyses address actions affecting numerous
sites throughout the Continental United States (CONUS), the proponent
will carefully evaluate the need for publishing an NOA in the FR, as
this requires an extensive review process, as well as supporting
documentation alerting EPA and members of Congress of the action. At a
minimum, and depending on the proponent's command structure, the
following reviews must be accomplished:
(1) The NEPA analysis must be reviewed by the MACOM Legal Counsel or
TJAG, ACSIM, ASA(I&E), and Office of General Counsel (OGC).
(2) The supporting documentation must be reviewed by Office of the
Chief of Legislative Liaison (OCLL) and Office of the Chief of Public
Affairs (OCPA).
(3) Proponents must allow a minimum of 30 days to review the
documentation and must allow sufficient time to address comments from
these offices prior to publishing the NOA.
(4) The proponent may consider publishing the NOA in local
publication resources near each site. Proponents are strongly advised to
seek the assistance of the local environmental office and command
structure in addressing the need for such notification.
Sec. 651.7 Delegation of authority for non-acquisition systems.
(a) MACOMs can request delegation authority and responsibility for
an EA of national concern or an EIS from ASA(I&E). The proponent,
through the appropriate chain of command, and with the concurrence of
environmental offices, forwards to HQDA (ODEP) the request to propose,
prepare, and finalize an EA and FNSI or EIS through the ROD stage. The
request must include, at a minimum, the following:
(1) A description of the purpose and need for the action.
(2) A description of the proposed action and a preliminary list of
alternatives to that proposed action, including the ``no action''
alternative. This constitutes the DOPAA.
(3) An explanation of funding requirements, including cost
estimates, and how they will be met.
(4) A brief description of potential issues of concern or
controversy, including any issues of potential Army-wide impact.
(5) A plan for scoping and public participation.
(6) A timeline, with milestones for the EIS action.
(b) If granted, a formal letter will be provided by ASA(I&E)
outlining extent, conditions, and requirements for the NEPA action. Only
the ASA(I&E) can delegate this authority and responsibility. When
delegated signature authority by HQDA, the MACOM will be responsible for
complying with this part and associated Army environmental policy. This
delegation, at the discretion of ASA(I&E), can include specific
authority and responsibility for coordination and staffing of:
(1) EAs and FNSIs, and associated transmittal packages, as specified
in Sec. 651.35(c).
(2) NOIs, Preliminary Draft EISs (PDEISs), Draft EISs (DEISs), Final
EISs (FEISs), RODs and all associated transmittal packages as specified
in Sec. 651.45. Such delegation will specify requirements for
coordination with ODEP and ASA (I&E).
Sec. 651.8 Disposition of final documents.
All NEPA documentation and supporting administrative records shall
be retained by the proponent's office for a minimum of six years after
signature of the FNSI/ROD or the completion of the action, whichever is
greater. Copies of EAs, and final EISs will be forwarded to AEC for
cataloging and retention in the Army NEPA library. The DEIS and FEIS
will be retained until the proposed action and any mitigation program is
complete or the information therein is no longer valid. The ACSIM shall
forward copies of all FEISs to DTIC, the National Archives, and Records
Administration.
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Subpart B_National Environmental Policy Act and the Decision Process
Sec. 651.9 Introduction.
(a) The NEPA process is the systematic examination of possible and
probable environmental consequences of implementing a proposed action.
Integration of the NEPA process with other Army projects and program
planning must occur at the earliest possible time to ensure that:
(1) Planning and decision-making reflect Army environmental values,
such as compliance with environmental policy, laws, and regulations; and
that these values are evident in Army decisions. In addition, Army
decisions must reflect consideration of other requirements such as
Executive Orders and other non-statutory requirements, examples of which
are enumerated in Sec. 651.14(e).
(2) Army and DOD environmental policies and directives are
implemented.
(3) Delays and potential conflicts in the process are minimized. The
public should be involved as early as possible to avoid potential
delays.
(b) All Army decision-making that may impact the human environment
will use a systematic, interdisciplinary approach that ensures the
integrated use of the natural and social sciences, planning, and the
environmental design arts (section 102(2)(a), Public Law 91-190, 83
Stat. 852, National Environmental Policy Act of 1969 (NEPA)). This
approach allows timely identification of environmental effects and
values in sufficient detail for concurrent evaluation with economic,
technical, and mission-related analyses, early in the decision process.
(c) The proponent of an action or project must identify and describe
the range of reasonable alternatives to accomplish the purpose and need
for the proposed action or project, taking a ``hard look'' at the
magnitude of potential impacts of implementing the reasonable
alternatives, and evaluating their significance. To assist in
identifying reasonable alternatives, the proponent should consult with
the installation environmental office and appropriate federal, tribal,
state, and local agencies, and the general public.
Sec. 651.10 Actions requiring environmental analysis.
The general types of proposed actions requiring environmental impact
analysis under NEPA, unless categorically excluded or otherwise included
in existing NEPA documentation, include:
(a) Policies, regulations, and procedures (for example, Army and
installation regulations).
(b) New management and operational concepts and programs, including
logistics; RDT&E; procurement; personnel assignment; real property and
facility management (such as master plans); and environmental programs
such as Integrated Natural Resource Management Plan (INRMP), Integrated
Cultural Resources Management Plan (ICRMP), and Integrated Pest
Management Plan. NEPA requirements may be incorporated into other Army
plans in accordance with 40 CFR 1506.4.
(c) Projects involving facilities construction.
(d) Operations and activities including individual and unit
training, flight operations, overall operation of installations, or
facility test and evaluation programs.
(e) Actions that require licenses for operations or special material
use, including a Nuclear Regulatory Commission (NRC) license, an Army
radiation authorization, or Federal Aviation Administration air space
request (new, renewal, or amendment), in accordance with AR 95-50.
(f) Materiel development, operation and support, disposal, and/or
modification as required by DOD 5000.2-R.
(g) Transfer of significant equipment or property to the ARNG or
Army Reserve.
(h) Research and development including areas such as genetic
engineering, laser testing, and electromagnetic pulse generation.
(i) Leases, easements, permits, licenses, or other entitlement for
use, to include donation, exchange, barter, or Memorandum of
Understanding (MOU). Examples include grazing leases, grants of easement
for highway right-of-way, and requests by the public to
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use land for special events such as air shows or carnivals.
(j) Federal contracts, grants, subsidies, loans, or other forms of
funding such as Government-Owned, Contractor-Operated (GOCO) industrial
plants or housing and construction via third-party contracting.
(k) Request for approval to use or store materials, radiation
sources, hazardous and toxic material, or wastes on Army land. If the
requester is non-Army, the responsibility to prepare proper
environmental documentation may rest with the non-Army requester, who
will provide needed information for Army review. The Army must review
and adopt all NEPA documentation before approving such requests.
(l) Projects involving chemical weapons/munitions.
Sec. 651.11 Environmental review categories.
The following are the five broad categories into which a proposed
action may fall for environmental review:
(a) Exemption by law. The law must apply to DOD and/or the Army and
must prohibit, exempt, or make impossible full compliance with the
procedures of NEPA (40 CFR 1506.11). While some aspects of Army
decision-making may be exempted from NEPA, other aspects of an action
are still subject to NEPA analysis and documentation. The fact that
Congress has directed the Army to take an action does not constitute an
exemption.
(b) Emergencies. In the event of an emergency, the Army will, as
necessary, take immediate actions that have environmental impacts, such
as those to promote national defense or security or to protect life or
property, without the specific documentation and procedural requirements
of other sections of this part. In such cases, at the earliest
practicable time, the HQDA proponent will notify the ODEP, which in turn
will notify the ASA(I&E). ASA(I&E) will coordinate with the Deputy Under
Secretary of Defense for Installations and Environment (DUSD(IE)) and
the CEQ regarding the emergency and subsequent NEPA compliance after the
emergency action has been completed. These notifications apply only to
actions necessary to control the immediate effects of the emergency.
Other actions remain subject to NEPA review (40 CFR 1506.11). A public
affairs plan should be developed to ensure open communication among the
media, the public, and the installation. The Army will not delay an
emergency action necessary for national defense, security, or
preservation of human life or property in order to comply with this part
or the CEQ regulations. However, the Army's on-site commander dealing
with the emergency will consider the probable environmental consequences
of proposed actions, and will minimize environmental damage to the
maximum degree practicable, consistent with protecting human life,
property, and national security. State call-ups of ARNG during a natural
disaster or other state emergency are excluded from this notification
requirement. After action reports may be required at the discretion of
the ASA(I&E).
(c) Categorical Exclusions (CXs). These are categories of actions
that normally do not require an EA or an EIS. The Army has determined
that they do not individually or cumulatively have a substantial effect
on the human environment. Qualification for a CX is further described in
subpart D and appendix B of this part. In accordance with Sec. 651.29,
actions that degrade the existing environment or are environmentally
controversial or adversely affect environmentally sensitive resources
will require an EA.
(d) Environmental Assessment. Proposed Army actions not covered in
the first three categories (paragraphs (a) through (c) of this section)
must be analyzed to determine if they could cause significant impacts to
the human or natural environment (see Sec. 651.39). The EA determines
whether possible impacts are significant, thereby warranting an EIS.
This requires a ``hard look'' at the magnitude of potential impacts,
evaluation of their significance, and documentation in the form of
either an NOI to prepare an EIS or a FNSI. The format (Sec. 651.34) and
requirements for this analysis are addressed in subpart E of this part
(see Sec. 651.33 for actions normally requiring an EA). The
[[Page 80]]
EA is a valuable planning tool to discuss and document environmental
impacts, alternatives, and controversial actions, providing public and
agency participation, and identifying mitigation measures.
(e) EIS. When an action clearly has significant impacts or when an
EA cannot be concluded by a FNSI, an EIS must be prepared. An EIS is
initiated by the NOI (Sec. 651.22), and will examine the significant
environmental effects of the proposed action as well as accompanying
measures to mitigate those impacts. This process requires formal
interaction with the public, a formal ``scoping'' process, and specified
timelines for public review of the documentation and the incorporation
of public comments. The format and requirements for the EIS are
addressed in subpart F of this part (see Sec. 651.42 for actions
normally requiring an EIS).
Sec. 651.12 Determining appropriate level of NEPA analysis.
(a) The flow chart shown in Figure 1 summarizes the process for
determining documentation requirements, as follows:
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[GRAPHIC] [TIFF OMITTED] TR29MR02.000
(1) If the proposed action qualifies as a CX (subpart D of this
part), and the screening criteria are met (Sec. 651.29), the action can
proceed. Some CXs require a REC.
(2) If the proposed action is adequately covered within an existing
EA or EIS, a REC is prepared to that effect. The REC should state the
applicable EA or EIS title and date, and identify where it may be
reviewed (Sec. 651.19, Figure 3). The REC is then attached to the
proponent's record copy of that EA or EIS.
(3) If the proposed action is within the general scope of an
existing EA or
[[Page 82]]
EIS, but requires additional information, a supplement is prepared,
considering the new, modified, or missing information. Existing
documents are incorporated by reference and conclusions are published as
either a FNSI or NOI to supplement the EIS.
(4) If the proposed action is not covered adequately in any existing
EA or EIS, or is of a significantly larger scope than that described in
the existing document, an EA is prepared, followed by either a FNSI or
NOI to prepare an EIS. Initiation of an EIS may proceed without first
preparing an EA, if deemed appropriate by the proponent.
(5) If the proposed action is not within the scope of any existing
EA or EIS, then the proponent must begin the preparation of a new EA or
EIS, as appropriate.
(b) The proponent of a proposed action may adopt appropriate
environmental documents (EAs or EISs) prepared by another agency (40 CFR
1500.4(n) and 1506.3). In such cases, the proponent will document their
use in a REC FNSI, or ROD.
Sec. 651.13 Classified actions.
(a) For proposed actions and NEPA analyses involving classified
information, AR 380-5 (Department of the Army Information Security
Program) will be followed.
(b) Classification does not relieve a proponent of the requirement
to assess and document the environmental effects of a proposed action.
(c) When classified information can be reasonably separated from
other information and a meaningful environmental analysis produced,
unclassified documents will be prepared and processed in accordance with
this part. Classified portions will be kept separate and provided to
reviewers and decision makers in accordance with AR 380-5.
(d) When classified information is such an integral part of the
analysis of a proposal that a meaningful unclassified NEPA analysis
cannot be produced, the proponent, in consultation with the appropriate
security and environmental offices, will form a team to review
classified NEPA analysis. This interdisciplinary team will include
environmental professionals to ensure that the consideration of
environmental effects will be consistent with the letter and intent of
NEPA, including public participation requirements for those aspects
which are not classified.
Sec. 651.14 Integration with Army planning.
(a) Early integration. The Army goal is to concurrently integrate
environmental reviews with other Army planning and decision-making
actions, thereby avoiding delays in mission accomplishment. To achieve
this goal, proponents shall complete NEPA analysis as part of any
recommendation or report to decision makers prior to the decision
(subject to 40 CFR 1506.1). Early planning (inclusion in Installation
Master Plans, INRMPs, ICRMPs, Acquisition Strategies, strategic plans,
etc.) will allow efficient program or project execution later in the
process.
(1) The planning process will identify issues that are likely to
have an effect on the environment, or to be controversial. In most
cases, local citizens and/or existing advisory groups should assist in
identifying potentially controversial issues during the planning
process. The planning process also identifies minor issues that have
little or no measurable environmental effect, and it is sound NEPA
practice to reduce or eliminate discussion of minor issues to help focus
analyses. Such an approach will minimize unnecessary analysis and
discussion in the NEPA process and documents.
(2) Decision makers will be informed of and consider the
environmental consequences at the same time as other factors such as
mission requirements, schedule, and cost. If permits or coordination are
required (for example, Section 404 of the Clean Water Act, Endangered
Species Act consultation, Section 106 of the National Historic
Preservation Act (NHPA), etc.), they should be initiated no later than
the scoping phase of the process and should run parallel to the NEPA
process, not sequential to it. This practice is in accordance with the
recommendations
[[Page 83]]
presented in the CEQ publication entitled ``The National Environmental
Policy Act: A Study of Its Effectiveness After Twenty-five Years.''
(3) NEPA documentation will accompany the proposal through the Army
review and decision-making processes. These documents will be forwarded
to the planners, designers, and/or implementers, ensuring that the
recommendations and mitigations upon which the decision was based are
being carried out. The implementation process will provide necessary
feedback for adaptive environmental management; responding to
inaccuracies or uncertainties in the Army's ability to accurately
predict impacts, changing field conditions, or unexpected results from
monitoring. The integration of NEPA into the ongoing planning activities
of the Army can produce considerable savings to the Army. \1\
---------------------------------------------------------------------------
\1\ For example, a well-executed EA or EIS on an Installation Master
Plan can eliminate the need for many case-by-case analyses and
documentation for construction projects. After the approval of an
adequate comprehensive plan (which adequately addresses the potential
for environmental effects), subsequent projects can tier off of the
Master Plan NEPA analysis (AR 210-20). Other integration of the NEPA
process and broad-level planning can lead to the ``tiering'' of NEPA,
allowing the proponent to minimize the effort spent on individual
projects, and ``incorporating by reference'' the broader level
environmental considerations. This tiering allows the development of
program level (programmatic) EAs and EISs, which can introduce greater
economies of scale. These assessments are addressed in more detail in
paragraph (c) of this section.
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(b) Time limits. The timing of the preparation, circulation,
submission, and public availability of NEPA documentation is important
to ensure that environmental values are integrated into Army planning
and decisions.
(1) Categorical exclusions. When a proposed action is categorically
excluded from further environmental review (subpart D and appendix B of
this part), the proponent may proceed immediately with that action upon
receipt of all necessary approvals, (including local environmental
office confirmation that the CX applies to the proposal) and the
preparation of a REC, if required.
(2) Findings of no significant impact. (i) A proponent will make an
EA and draft FNSI available to the public for review and comment for a
minimum of 30 days prior to making a final decision and proceeding with
an action. If the proposed action is one of national concern, is
unprecedented, or normally requires an EIS (Sec. 651.42), the FNSI must
be published in the FR. Otherwise, the FNSI must be published in local
newspapers and be made widely available. The FNSI must articulate the
deadline for receipt of comments, availability of the EA for review, and
steps required to obtain the EA. This can include a POC, address, and
phone number; a location; a reference to a website; or some equivalent
mechanism. (In no cases will the only coordination mechanism be a
website.) At the conclusion of the appropriate comment period, as
specified in Figure 2, the decision maker may sign the FNSI and take
immediate action, unless sufficient public comments are received to
warrant more time for their resolution. Figure 2 follows:
[[Page 84]]
[GRAPHIC] [TIFF OMITTED] TR29MR02.001
(ii) A news release is required to publicize the availability of the
EA and draft FNSI, and a simultaneous announcement that includes
publication in the FR must be made by HQDA, if warranted (see Sec.
651.35 (e)). The 30-day waiting period begins at the time that the draft
FNSI is publicized (40 CFR 1506.6(b)).
(iii) In cases where the 30-day comment period jeopardizes the
project and the full comment period would provide no public benefit, the
period may be shortened with appropriate approval by a higher decision
authority (such as a MACOM). In no circumstances should the public
comment period for an EA/draft FNSI be less than 15 days. A deadline and
POC for receipt of comments must be included in the draft FNSI and the
news release.
(3) EIS. The EPA publishes a weekly notice in the FR of the EISs
filed during the preceding week. This notice usually occurs each Friday.
An NOA reaching EPA on a Friday will be published in the following
Friday issue of the FR. Failure to deliver an NOA to EPA by close of
business on Friday will result in an additional one-week delay. A news
release publicizing the action will be made in conjunction with the
notice in the FR. The following time periods, calculated from the
publication date of the EPA notice, will be observed:
(i) Not less than 45 days for public comment on DEISs (40 CFR
1506.10(c)).
(ii) Not less than 15 days for public availability of DEISs prior to
any public hearing on the DEIS (40 CFR 1506(c)(2)).
(iii) Not less than 90 days from filing the DEIS prior to any
decision on the proposed action. These periods may run concurrently (40
CFR 1506.10(b) and (c)).
(iv) The time periods prescribed here may be extended or reduced in
accordance with 40 CFR 1506.10(b)(2) and (d).
(v) When variations to these time limits are set, the Army agency
should consider the factors in 40 CFR 1501.8(b)(1).
(vi) The proponent may also set time limits for other procedures or
decisions related to DEISs and FEISs as listed in 40 CFR 1501.8(b)(2).
(vii) Because the entire EIS process could require more than one
year (Figure 2 in paragraph (b)(2)(i) of this section), the process must
begin as soon as the project is sufficiently mature to allow analysis of
alternatives and the proponent must coordinate with all staff elements
with a role to play in the NEPA process. DEIS preparation and response
to comments constitute the largest portion of time to prepare an FEIS.
[[Page 85]]
(viii) A public affairs plan should be developed that provides for
periodic interaction with the community. There is a minimum public
review time of 90 days between the publication of the DEIS and the
announcement of the ROD. After the availability of the ROD is announced,
the action may proceed. This announcement must be made through the FR
for those EISs for which HQDA signs the ROD. For other EISs,
announcements in the local press are adequate. Figure 2 in paragraph
(b)(2)(i) of this section indicates typical and required time periods
for EISs.
(c) Programmatic environmental review (tiering). (1) Army agencies
are encouraged to analyze actions at a programmatic level for those
programs that are similar in nature or broad in scope (40 CFR 1502.4(c),
1502.20, and 1508.23). This level of analysis will eliminate repetitive
discussions of the same issues and focus on the key issues at each
appropriate level of project review. When a broad programmatic EA or EIS
has been prepared, any subsequent EIS or EA on an action included within
the entire program or policy (particularly a site-specific action) need
only summarize issues discussed in the broader statement and concentrate
on the issues specific to the subsequent action. \2\ This subsequent
document will state where the earlier document is available.
---------------------------------------------------------------------------
\2\ As an example, an appropriate way to address diverse weapon
system deployments would be to produce site-specific EAs or EISs for
each major deployment installation, using the generic environmental
effects of the weapon system identified in a programmatic EA or EIS
prepared by the MATDEV.
---------------------------------------------------------------------------
(2) Army proponents are normally required to prepare many types of
management plans that must include or be accompanied by appropriate NEPA
analysis. NEPA analysis for these types of plans can often be
accomplished with a programmatic approach, creating an analysis that
covers a number of smaller projects or activities. In cases where such
activities are adequately assessed as part of these normal planning
activities, a REC can be prepared for smaller actions that cite the
document in which the activities were previously assessed. Care must be
taken to ensure that site-specific or case-specific conditions are
adequately addressed in the existing programmatic document before a REC
can be used, and the REC must reflect this consideration. If additional
analyses are required, they can ``tier'' off the original analyses,
eliminating duplication. Tiering, in this manner, is often applicable to
Army actions that are long-term, multi-faceted, or multi-site.
(d) Scoping. (1) When the planning for an Army project or action
indicates a need for an EIS, the proponent initiates the scoping process
(see subpart G of this part for procedures and actions). This process
determines the scope of issues to address in the EIS and identifies the
significant issues related to the proposed action. During the scoping,
process participants identify the range of actions, alternatives, and
impacts to consider in the EIS (40 CFR 1508.25). For an individual
action, the scope may depend on the relationship of the proposed action
to other NEPA documents. The scoping phase of the NEPA process, as part
of project planning, will identify aspects of the proposal that are
likely to have an effect or be controversial; and will ensure that the
NEPA analyses are useful for a decision maker. For example, the early
identification and initiation of permit or coordination actions can
facilitate problem resolution, and, similarly, cumulative effects can be
addressed early in the process and at the appropriate spatial and
temporal scales.
(2) The extent of the scoping process, including public involvement,
will depend on several factors. These factors include:
(i) The size and type of the proposed action.
(ii) Whether the proposed action is of regional or national
interest.
(iii) Degree of any associated environmental controversy.
(iv) Size of the affected environmental parameters.
(v) Significance of any effects on them.
(vi) Extent of prior environmental review.
(vii) Involvement of any substantive time limits.
[[Page 86]]
(viii) Requirements by other laws for environmental review.
(ix) Cumulative impacts.
(3) Through scoping, many future controversies can be eliminated,
and public involvement can be used to narrow the scope of the study,
concentrating on those aspects of the analysis that are truly important.
(4) The proponent may incorporate scoping as part of the EA process,
as well. If the proponent chooses a public involvement strategy, the
extent of scoping incorporated is at the proponent's discretion.
(e) Analyses and documentation. Several statutes, regulations, and
Executive Orders require analyses, consultation, documentation, and
coordination, which duplicate various elements and/or analyses required
by NEPA and the CEQ regulations; often leading to confusion, duplication
of effort, omission, and, ultimately, unnecessary cost and delay.
Therefore, Army proponents are encouraged to identify, early in the NEPA
process, opportunities for integrating those requirements into proposed
Army programs, policies, and projects. Environmental analyses required
by this part will be integrated as much as practicable with other
environmental reviews, laws, and Executive Orders (40 CFR 1502.25).
Incorporation of these processes must ensure that the individual
requirements are met, in addition to those required by NEPA. The NEPA
process does not replace the procedural or substantive requirements of
other environmental statutes and regulations. Rather, it addresses them
in one place so the decision maker has a concise and comprehensive view
of the major environmental issues and understands the interrelationships
and potential conflicts among the environmental components. NEPA is the
``umbrella'' that facilitates such coordination by integrating processes
that might otherwise proceed independently. Prime candidates for such
integration include, but are not limited to, the following:
(1) Clean Air Act, as amended (General Conformity Rule, 40 CFR parts
51 and 93).
(2) Endangered Species Act.
(3) NHPA, sections 106 and 110.
(4) NAGPRA (Public Law 101-601, 104 Stat. 3048).
(5) Clean Water Act, including Section 404(b)(1).
(6) American Indian Religious Freedom Act.
(7) Fish and Wildlife Coordination Act.
(8) Comprehensive Environmental Response, Compensation, and
Liability Act.
(9) Resource Conservation and Recovery Act.
(10) Pollution Prevention Act.
(11) The Sikes Act, Public Law 86-797, 74 Stat. 1052.
(12) Federal Compliance with Right-to-Know Laws and Pollution
Prevention Requirements (Executive Order 12856, 3 CFR, 1993 Comp., p.
616).
(13) Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (Executive Order 12898, 3 CFR,
1994 Comp., p. 859).
(14) Indian Sacred Sites (Executive Order 13007, 3 CFR, 1996 Comp.,
p. 196).
(15) Protection of Children From Environmental Health Risks and
Safety Risks (Executive Order 13045, 3 CFR, 1997 Comp., p. 198).
(16) Federal Support of Community Efforts Along American Heritage
Rivers (Executive Order 13061, 3 CFR, 1997 Comp., p. 221).
(17) Floodplain Management (Executive Order 11988, 3 CFR, 1977
Comp., p. 117).
(18) Protection of Wetlands (Executive Order 11990, 3 CFR, 1977
Comp., p. 121).
(19) Environmental Effects Abroad of Major Federal Actions
(Executive Order 12114, 3 CFR, 1979 Comp., p. 356).
(20) Invasive Species (Executive Order 13112, 3 CFR, 1999 Comp., p.
159).
(21) AR 200-3, Natural Resources--Land, Forest, and Wildlife
Management.
(22) Environmental analysis and documentation required by various
state laws.
(23) Any cost-benefit analyses prepared in relation to a proposed
action (40 CFR 1502.23).
(24) Any permitting and licensing procedures required by federal and
state law.
[[Page 87]]
(25) Any installation and Army master planning functions and plans.
(26) Any installation management plans, particularly those that deal
directly with the environment.
(27) Any stationing and installation planning, force development
planning, and materiel acquisition planning.
(28) Environmental Noise Management Program.
(29) Hazardous waste management plans.
(30) Integrated Cultural Resource Management Plan as required by AR
200-4 and DODD 4700.4, Natural Resources Management Program.
(31) Asbestos Management Plans.
(32) Integrated Natural Resource Management Plans, AR 200-3, Natural
Resources--Land, Forest, and Wildlife Management, and DODD 4700.4,
Natural Resources Management Program.
(33) Environmental Baseline Surveys.
(34) Programmatic Environment, Safety, and Health Evaluation (PESHE)
as required by DOD 5000.2-R and DA Pamphlet 70-3, Army Acquisition
Procedures, supporting AR 70-1, Acquisition Policy.
(35) The DOD MOU to Foster the Ecosystem Approach signed by CEQ, and
DOD, on 15 December 1995; establishing the importance of ``non-listed,''
``non-game,'' and ``non-protected'' species.
(36) Other requirements (such as health risk assessments), when
efficiencies in the overall Army environmental program will result.
(f) Integration into Army acquisition. The Army acquisition
community will integrate environmental analyses into decision-making, as
required in this part ensuring that environmental considerations become
an integral part of total program planning and budgeting, PEOs, and
Program, Product, and Project Managers integrate the NEPA process early,
and acquisition planning and decisions reflect national and Army
environmental values and considerations. By integrating pollution
prevention and other aspects of any environmental analysis early into
the materiel acquisition process, the PEO and PM facilitate the
identification of environmental cost drivers at a time when they can be
most effectively controlled. NEPA program coordinators should refer to
DA Pamphlet 70-3, Army Acquisition Procedures, and the Defense
Acquisition Deskbook (DAD) for current specific implementation guidance,
procedures, and POCs.
(g) Relations with local, state, regional, and tribal agencies. (1)
Army installation, agency, or activity environmental officers or
planners should establish a continuing relationship with other agencies,
including the staffs of adjacent local, state, regional, and tribal
governments and agencies. This relationship will promote cooperation and
resolution of mutual land use and environment-related problems, and
promote the concept of regional ecosystem management as well as general
cooperative problem solving. Many of these ``partners'' will have
specialized expertise and access to environmental baseline data, which
will assist the Army in day-to-day planning as well as NEPA-related
issues. MOUs are encouraged to identify areas of mutual interest,
establish POCs, identify lines of communication between agencies, and
specify procedures to follow in conflict resolution. Additional
coordination is available from state and area-wide planning and
development agencies. Through this process, the proponent may gain
insights on other agencies' approaches to EAs, surveys, and studies
applicable to the current proposal. These other agencies would also be
able to assist in identifying possible participants in scoping
procedures for projects requiring an EIS.
(2) In some cases, local, state, regional, or tribal governments or
agencies will have sufficient jurisdiction by law or special expertise
with respect to reasonable alternatives or significant environmental,
social, or economic impacts associated with a proposed action. When
appropriate, proponents of an action should determine whether these
entities have an interest in becoming a cooperating agency (Sec. 651.45
(b) and 40 CFR 1501.6). If cooperating agency status is established, a
memorandum of agreement is required to document specific expectations,
roles, and responsibilities, including analyses to be performed, time
schedules, availability of pre-decisional information, and other issues.
Cooperating agencies may use their own funds, and the designation of
cooperating agency status
[[Page 88]]
neither enlarges nor diminishes the decision-making status of any
federal or non-federal entities (see CEQ Memorandum for Heads of Federal
Agencies entitled ``Designation of Non-Federal Agencies to be
Cooperating Agencies in Implementing the Procedural Requirements of the
National Environmental Policy Act'' dated 28 July 1999, available from
the President's Council on Environmental Quality (CEQ), Executive Office
of the President of the U.S.). In determining sufficient jurisdiction or
expertise, CEQ regulations can be used as guidance.
(h) The Army as a cooperating agency. Often, other agencies take
actions that can negatively impact the Army mission. In such cases, the
Army may have some special or unique expertise or jurisdiction.
(1) The Army may be a cooperating agency (40 CFR 1501.6) in order
to:
(i) Provide information or technical expertise to a lead agency.
(ii) Approve portions of a proposed action.
(iii) Ensure the Army has an opportunity to be involved in an action
of another federal agency that will affect the Army.
(iv) Provide review and approval of the portions of EISs and RODs
that affect the Army.
(2) Adequacy of an EIS is primarily the responsibility of the lead
agency. However, as a cooperating agency with approval authority over
portions of a proposal, the Army may adopt an EIS if review concludes
the EIS adequately satisfies the Army's comments and suggestions.
(3) If the Army is a major approval authority for the proposed
action, the appropriate Army official may sign the ROD prepared by the
lead agency, or prepare a separate, more focused ROD. If the Army's
approval authority is only a minor aspect of the overall proposal, such
as issuing a temporary use permit, the Army need not sign the lead
agency's ROD or prepare a separate ROD.
(4) The magnitude of the Army's involvement in the proposal will
determine the appropriate level and scope of Army review of NEPA
documents. If the Army is a major approval authority or may be severely
impacted by the proposal or an alternative, the Army should undertake
the same level of review as if it were the lead agency. If the
involvement is limited, the review may be substantially less. The lead
agency is responsible for overall supervision of the EIS, and the Army
will attempt to meet all reasonable time frames imposed by the lead
agency.
(5) If an installation (or other Army organization) should become
aware of an EIS being prepared by another federal agency in which they
may be involved within the discussion of the document, they should
notify ASA(I&E) through the chain of command. ASA(I&E) will advise
regarding appropriate Army participation as a cooperating agency, which
may simply involve local coordination.
Sec. 651.15 Mitigation and monitoring.
(a) Throughout the environmental analysis process, the proponent
will consider mitigation measures to avoid or minimize environmental
harm. Mitigation measures include:
(1) Avoiding the impact altogether, by eliminating the action or
parts of the action.
(2) Minimizing impacts by limiting the degree or magnitude of the
action and its implementation.
(3) Rectifying the impact; by repairing, rehabilitating, or
restoring the adverse effect on the environment.
(4) Reducing or eliminating the impact over time, by preservation
and maintenance operations during the life of the action.
(5) Compensating for the impact, by replacing or providing
substitute resources or environments. (Examples and further
clarification are presented in appendix C of this part.)
(b) When the analysis proceeds to an EA or EIS, mitigation measures
will be clearly assessed and those selected for implementation will be
identified in the FNSI or the ROD. The proponent must implement those
identified mitigations, because they are commitments made as part of the
Army decision. The proponent is responsible for responding to inquiries
from the public or other agencies regarding the status of mitigation
measures adopted in the NEPA process. The mitigation shall become a line
item in the proponent's
[[Page 89]]
budget or other funding document, if appropriate, or included in the
legal document implementing the action (for example, contracts, leases,
or grants). Only those practical mitigation measures that can reasonably
be accomplished as part of a proposed alternative will be identified.
Any mitigation measures selected by the proponent will be clearly
outlined in the NEPA decision document, will be budgeted and funded (or
funding arranged) by the proponent, and will be identified, with the
appropriate fund code, in the EPR (AR 200-1). Mitigations will be
monitored through environmental compliance reporting, such as the ISR
(AR 200-1) or the Environmental Quality Report. Mitigation measures are
identified and funded in accordance with applicable laws, regulations,
or other media area requirements.
(c) Based upon the analysis and selection of mitigation measures
that reduce environmental impacts until they are no longer significant,
an EA may result in a FNSI. If a proponent uses mitigation measures in
such a manner, the FNSI must identify these mitigating measures, and
they become legally binding and must be accomplished as the project is
implemented. If any of these identified mitigation measures do not
occur, so that significant adverse environmental effects could
reasonably expected to result, the proponent must publish an NOI and
prepare an EIS.
(d) Potential mitigation measures that appear practical, and are
unobtainable within expected Army resources, or that some other agency
(including non-Army agencies) should perform, will be identified in the
NEPA analysis to the maximum extent practicable. A number of factors
determine what is practical, including military mission, manpower
restrictions, cost, institutional barriers, technical feasibility, and
public acceptance. Practicality does not necessarily ensure resolution
of conflicts among these items, rather it is the degree of conflict that
determines practicality. Although mission conflicts are inevitable, they
are not necessarily insurmountable; and the proponent should be cautious
about declaring all mitigations impractical and carefully consider any
manpower requirements. The key point concerning both the manpower and
cost constraints is that, unless money is actually budgeted and manpower
assigned, the mitigation does not exist. Coordination by the proponent
early in the process will be required to allow ample time to get the
mitigation activities into the budget cycle. The project cannot be
undertaken until all required mitigation efforts are fully resourced, or
until the lack of funding and resultant effects, are fully addressed in
the NEPA analysis.
(e) Mitigation measures that were considered but rejected, including
those that can be accomplished by other agencies, must be discussed,
along with the reason for the rejection, within the EA or EIS. If they
occur in an EA, their rejection may lead to an EIS, if the resultant
unmitigated impacts are significant.
(f) Proponents may request assistance with mitigation from
cooperating non-Army agencies, when appropriate. Such assistance is
appropriate when the requested agency was a cooperating agency during
preparation of a NEPA document, or has the technology, expertise, time,
funds, or familiarity with the project or the local ecology necessary to
implement the mitigation measure more effectively than the lead agency.
(g) The proponent agency or other appropriate cooperating agency
will implement mitigations and other conditions established in the EA or
EIS, or commitments made in the FNSI or ROD. Legal documents
implementing the action (such as contracts, permits, grants) will
specify mitigation measures to be performed. Penalties against a
contractor for noncompliance may also be specified as appropriate.
Specification of penalties should be fully coordinated with the
appropriate legal advisor.
(h) A monitoring and enforcement program for any mitigation will be
adopted and summarized in the NEPA documentation (see appendix C of this
part for guidelines on implementing such a program). Whether adoption of
a monitoring and enforcement program is applicable (40 CFR 1505.2(c))
and
[[Page 90]]
whether the specific adopted action requires monitoring (40 CFR 1505.3)
may depend on the following:
(1) A change in environmental conditions or project activities
assumed in the EIS (such that original predictions of the extent of
adverse environmental impacts may be too limited);
(2) The outcome of the mitigation measure is uncertain (for example,
new technology);
(3) Major environmental controversy remains associated with the
selected alternative; or
(4) Failure of a mitigation measure, or other unforeseen
circumstances, could result in a failure to meet achievement of
requirements (such as adverse effects on federal or state listed
endangered or threatened species, important historic or archaeological
sites that are either listed or eligible for nomination to the National
Register of Historic Places, wilderness areas, wild and scenic rivers,
or other public or private protected resources). Proponents must follow
local installation environmental office procedures to coordinate with
appropriate federal, tribal, state, or local agencies responsible for a
particular program to determine what would constitute ``adverse
effects.''
(i) Monitoring is an integral part of any mitigation system.
(1) Enforcement monitoring ensures that mitigation is being
performed as described in the NEPA documentation, mitigation
requirements and penalty clauses are written into any contracts, and
required provisions are enforced. The development of an enforcement
monitoring program is governed by who will actually perform the
mitigation: a contractor, a cooperating agency, or an in-house (Army)
lead agency. Detailed guidance is contained in Appendix C of this part.
The proponent is ultimately responsible for performing any mitigation
activities. All monitoring results will be sent to the installation
Environmental Office; in the case of the Army Reserves, the Regional
Support Commands (RSCs); and, in the case of the National Guard, the
NGB.
(2) Effectiveness monitoring measures the success of the mitigation
effort and/or the environmental effect. While quantitative measurements
are desired, qualitative measures may be required. The objective is to
obtain enough information to judge the effect of the mitigation. In
establishing the monitoring system, the responsible agent should
coordinate the monitoring with the Environmental Office. Specific steps
and guidelines are included in appendix C of this part.
(j) The monitoring program, in most cases, should be established
well before the action begins, particularly when biological variables
are being measured and investigated. At this stage, any necessary
contracts, funding, and manpower assignments must be initiated.
Technical results from the analysis should be summarized by the
proponent and coordinated with the installation Environmental Office.
Subsequent coordination with the concerned public and other agencies, as
arranged through development of the mitigation plan, will be handled
through the Environmental Office.
(k) If the mitigations are effective, the monitoring should be
continued as long as the mitigations are needed to address impacts of
the initial action. If the mitigations are ineffective, the proponent
and the responsible group should re-examine the mitigation measures, in
consultation with the Environmental Office and appropriate experts, and
resolve the inadequacies of the mitigation or monitoring. Professionals
with specialized and recognized expertise in the topic or issue, as well
as concerned citizens, are essential to the credibility of this review.
If a different program is required, then a new system must be
established. If ineffective mitigations are identified which were
required to reduce impact below significance levels (Sec. 651.35 (g)),
the proponent may be required to publish an NOI and prepare an EIS
(paragraph (c) of this section).
(l) Environmental monitoring report. An environmental monitoring
report is prepared at one or more points after program or action
execution. Its purpose is to determine the accuracy of impact
predictions. It can serve as the basis for adjustments in mitigation
programs and to adjust impact predictions in future projects. Further
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guidance and clarification are included in appendix C of this part.
Sec. 651.16 Cumulative impacts.
(a) NEPA analyses must assess cumulative effects, which are the
impact on the environment resulting from the incremental impact of the
action when added to other past, present, and reasonably foreseeable
future actions. Actions by federal, non-federal agencies, and private
parties must be considered (40 CFR 1508.7).
(b) The scoping process should be used to identify possible
cumulative impacts. The proponent should also contact appropriate off-
post officials, such as tribal, state, county, or local planning
officials, to identify other actions that should be considered in the
cumulative effects analysis.
(c) A suggested cumulative effects approach is as follows:
(1) Identify the boundary of each resource category. Boundaries may
be geographic or temporal. For example, the Air Quality Control Region
(AQCR) might be the appropriate boundary for the air quality analysis,
while a watershed could be the boundary for the water quality analysis.
Depending upon the circumstances, these boundaries could be different
and could extend off the installation.
(2) Describe the threshold level of significance for that resource
category. For example, a violation of air quality standards within the
AQCR would be an appropriate threshold level.
(3) Determine the environmental consequence of the action. The
analysis should identify the cause and effect relationships, determine
the magnitude and significance of cumulative effects, and identify
possible mitigation measures.
Sec. 651.17 Environmental justice.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority and Low-Income Populations, 11 February 1994, 3 CFR,
1994 Comp., p. 859) requires the proponent to determine whether the
proposed action will have a disproportionate impact on minority or low-
income communities, both off-post and on-post.
Subpart C_Records and Documents
Sec. 651.18 Introduction.
NEPA documentation will be prepared and published double-sided on
recycled paper. The recycled paper symbol should be presented on the
inside of document covers.
Sec. 651.19 Record of environmental consideration.
A Record of Environmental Consideration (REC) is a signed statement
submitted with project documentation that briefly documents that an Army
action has received environmental review. RECs are prepared for CXs that
require them, and for actions covered by existing or previous NEPA
documentation. A REC briefly describes the proposed action and
timeframe, identifies the proponent and approving official(s), and
clearly shows how an action qualifies for a CX, or is already covered in
an existing EA or EIS. When used to support a CX, the REC must address
the use of screening criteria to ensure that no extraordinary
circumstances or situations exist. A REC has no prescribed format, as
long as the above information is included. To reduce paperwork, a REC
can reference such documents as real estate Environmental Baseline
Studies (EBSs) and other documents, as long as they are readily
available for review. While a REC may document compliance with the
requirements of NEPA, it does not fulfill the requirements of other
environmental laws and regulations. Figure 3 illustrates a possible
format for the REC as follows:
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[GRAPHIC] [TIFF OMITTED] TR29MR02.002
Sec. 651.20 Environmental assessment.
An EA is intended to assist agency planning and decision-making.
While required to assess environmental impacts and evaluate their
significance, it is routinely used as a planning document to evaluate
environmental impacts, develop alternatives and mitigation measures, and
allow for agency and public participation. It:
(a) Briefly provides the decision maker with sufficient evidence and
analysis for determining whether a FNSI or an EIS should be prepared.
(b) Assures compliance with NEPA, if an EIS is not required and a CX
is inappropriate.
(c) Facilitates preparation of an EIS, if required.
(d) Includes brief discussions of the need for the proposed action,
alternatives to the proposed action (NEPA, section 102(2)(e)),
environmental impacts, and a listing of persons and agencies consulted
(see subpart E of this part for requirements).
(e) The EA provides the proponent, the public, and the decision
maker with sufficient evidence and analysis for determining whether
environmental impacts of a proposed action are potentially significant.
An EA is substantially less rigorous and costly than an EIS, but
requires sufficient detail to identify and ascertain the significance of
expected impacts associated with the proposed action and its
alternatives. The EA can often provide the required ``hard look'' at the
potential environmental effects of an action, program, or policy within
1 to 25 pages, depending upon the nature of the action and project-
specific conditions.
Sec. 651.21 Finding of no significant impact.
A Finding of No Significant Impact (FNSI) is a document that briefly
states why an action (not otherwise excluded) will not significantly
affect the environment, and, therefore, that an EIS will not be
prepared. The FNSI includes a summary of the EA and notes any related
NEPA documentation. If the EA is attached, the FNSI need not repeat any
of the EA discussion, but may incorporate it by reference. The draft
FNSI will be made available to the public for review and comment for
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30 days prior to the initiation of an action, except in special
circumstances when the public comment period is reduced to 15 days, as
discussed in Sec. 651.14(b)(2)(iii). Following the comment period and
review of public comments, the proponent forwards a decision package
that includes a comparison of environmental impacts associated with
reasonable alternatives, summary of public concerns, revised FNSI (if
necessary), and recommendations for the decision maker. The decision
maker reviews the package, makes a decision, and signs the FNSI or the
NOI (if the FNSI no longer applies). If a FNSI is signed by the decision
maker, the action can proceed immediately.
Sec. 651.22 Notice of intent.
A Notice of Intent (NOI) is a public notice that an EIS will be
prepared. The NOI will briefly:
(a) Describe the proposed and alternative actions.
(b) Describe the proposed scoping process, including when and where
any public meetings will be held.
(c) State the name and address of the POC who can answer questions
on the proposed action and the EIS (see Sec. 651.45(a) and Sec. 651.49
for application).
Sec. 651.23 Environmental impact statement.
An Environmental Impact statement (EIS) is a detailed written
statement required by NEPA for major federal actions significantly
affecting the quality of the human environment (42 U.S.C. 4321). A more
complete discussion of EIS requirements is presented in subpart F of
this part.
Sec. 651.24 Supplemental EAs and supplemental EISs.
As detailed in Sec. 651.5(g) and in 40 CFR 1502.9(c), proposed
actions may require review of existing NEPA documentation. If conditions
warrant a supplemental document, these documents are processed in the
same way as an original EA or EIS. No new scoping is required for a
supplemental EIS filed within one year of the filing of the original
ROD. If the review indicates no need for a supplement, that
determination will be documented in a REC.
Sec. 651.25 Notice of availability.
The Notice of Availability (NOA) is published by the Army to inform
the public and others that a NEPA document is available for review. A
NOA will be published in the FR, coordinating with EPA for draft and
final EISs (including supplements), for RODs, and for EAs and FNSIs
which are of national concern, are unprecedented, or normally require an
EIS. EAs and FNSIs of local concern will be made available in accordance
with Sec. 651.36. This agency NOA should not be confused with the EPA's
notice of availability of weekly receipts (NWR) \3\ of EISs.
---------------------------------------------------------------------------
\3\ This notice is published by the EPA and officially begins the
public review period. The NWR is published each Friday, and lists the
EISs that were filed the previous week.
---------------------------------------------------------------------------
Sec. 651.26 Record of decision.
The Record of Decision (ROD) is a concise public document
summarizing the findings in the EIS and the basis for the decision. A
public ROD is required under the provisions of 40 CFR 1505.2 after
completion of an EIS (see Sec. 651.45 (j) for application). The ROD
must identify mitigations which were important in supporting decisions,
such as those mitigations which reduce otherwise significant impacts,
and ensure that appropriate monitoring procedures are implemented (see
Sec. 651.15 for application).
Sec. 651.27 Programmatic NEPA analyses.
These analyses, in the form of an EA or EIS, are useful to examine
impacts of actions that are similar in nature or broad in scope. These
documents allow the ``tiering'' of future NEPA documentation in cases
where future decisions or unknown future conditions preclude complete
NEPA analyses in one step. These documents are discussed further in
Sec. 651.14(c).
Subpart D_Categorical Exclusions
Sec. 651.28 Introduction.
Categorical Exclusions (CXs) are categories of actions with no
individual or
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cumulative effect on the human or natural environment, and for which
neither an EA nor an EIS is required. The use of a CX is intended to
reduce paperwork and eliminate delays in the initiation and completion
of proposed actions that have no significant impact.
Sec. 651.29 Determining when to use a CX (screening criteria).
(a) To use a CX, the proponent must satisfy the following three
screening conditions:
(1) The action has not been segmented. Determine that the action has
not been segmented to meet the definition of a CX. Segmentation can
occur when an action is broken down into small parts in order to avoid
the appearance of significance of the total action. An action can be too
narrowly defined, minimizing potential impacts in an effort to avoid a
higher level of NEPA documentation. The scope of an action must include
the consideration of connected, cumulative, and similar actions (see
Sec. 651.51(a)).
(2) No exceptional circumstances exist. Determine if the action
involves extraordinary circumstances that would preclude the use of a CX
(see paragraphs (b) (1) through (14) of this section).
(3) One (or more) CX encompasses the proposed action. Identify a CX
(or multiple CXs) that potentially encompasses the proposed action
(Appendix B of this part). If no CX is appropriate, and the project is
not exempted by statute or emergency provisions, an EA or an EIS must be
prepared, before a proposed action may proceed.
(b) Extraordinary circumstances that preclude the use of a CX are:
(1) Reasonable likelihood of significant effects on public health,
safety, or the environment.
(2) Reasonable likelihood of significant environmental effects
(direct, indirect, and cumulative).
(3) Imposition of uncertain or unique environmental risks.
(4) Greater scope or size than is normal for this category of
action.
(5) Reportable releases of hazardous or toxic substances as
specified in 40 CFR part 302, Designation, Reportable Quantities, and
Notification.
(6) Releases of petroleum, oils, and lubricants (POL) except from a
properly functioning engine or vehicle, application of pesticides and
herbicides, or where the proposed action results in the requirement to
develop or amend a Spill Prevention, Control, or Countermeasures Plan.
(7) When a review of an action that might otherwise qualify for a
Record of Non-applicability (RONA) reveals that air emissions exceed de
minimis levels or otherwise that a formal Clean Air Act conformity
determination is required.
(8) Reasonable likelihood of violating any federal, state, or local
law or requirements imposed for the protection of the environment.
(9) Unresolved effect on environmentally sensitive resources, as
defined in paragraph (c) of this section.
(10) Involving effects on the quality of the environment that are
likely to be highly controversial.
(11) Involving effects on the environment that are highly uncertain,
involve unique or unknown risks, or are scientifically controversial.
(12) Establishes a precedent (or makes decisions in principle) for
future or subsequent actions that are reasonably likely to have a future
significant effect.
(13) Potential for degradation of already existing poor
environmental conditions. Also, initiation of a degrading influence,
activity, or effect in areas not already significantly modified from
their natural condition.
(14) Introduction/employment of unproven technology.
(c) If a proposed action would adversely affect ``environmentally
sensitive'' resources, unless the impact has been resolved through
another environmental process (e.g., CZMA, NHPA, CWA, etc.) a CX cannot
be used (see paragraph (e) of this section). Environmentally sensitive
resources include:
(1) Proposed federally listed, threatened, or endangered species or
their designated critical habitats.
(2) Properties listed or eligible for listing on the National
Register of Historic Places (AR 200-4).
(3) Areas having special designation or recognition such as prime or
unique
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agricultural lands; coastal zones; designated wilderness or wilderness
study areas; wild and scenic rivers; National Historic Landmarks
(designated by the Secretary of the Interior); 100-year floodplains;
wetlands; sole source aquifers (potential sources of drinking water);
National Wildlife Refuges; National Parks; areas of critical
environmental concern; or other areas of high environmental sensitivity.
(4) Cultural Resources as defined in AR 200-4.
(d) The use of a CX does not relieve the proponent from compliance
with other statutes, such as RCRA, or consultations under the Endangered
Species Act or the NHPA. Such consultations may be required to determine
the applicability of the CX screening criteria.
(e) For those CXs that require a REC, a brief (one to two sentence)
presentation of conclusions reached during screening is required in the
REC. This determination can be made using current information and
expertise, if available and adequate, or can be derived through
conversation, as long as the basis for the determination is included in
the REC. Copies of appropriate interagency correspondence can be
attached to the REC. Example conclusions regarding screening criteria
are as follows:
(1) ``USFWS concurred in informal coordination that E/T species will
not be affected''.
(2) ``Corps of Engineers determined action is covered by nationwide
general permit''.
(3) ``SHPO concurred with action''.
(4) ``State Department of Natural Resources concurred that no effect
to state sensitive species is expected''.
Sec. 651.30 CX actions.
Types of actions that normally qualify for CX are listed in Appendix
B of this part.
Sec. 651.31 Modification of the CX list.
The Army list of CXs is subject to continual review and
modification, in consultation with CEQ. Additional modifications can be
implemented through submission, through channels, to ASA (I&E) for
consideration and consultation. Subordinate Army headquarters may not
modify the CX list through supplements to this part. Upon approval,
proposed modifications to the list of CXs will be published in the
Federal Register, providing an opportunity for public review and
comment.
Subpart E_Environmental Assessment
Sec. 651.32 Introduction.
(a) An EA is intended to facilitate agency planning and informed
decision-making, helping proponents and other decision makers understand
the potential extent of environmental impacts of a proposed action and
its alternatives, and whether those impacts (or cumulative impacts) are
significant. The EA can aid in Army compliance with NEPA when no EIS is
necessary. An EA will be prepared if a proposed action:
(1) Is not an emergency (Sec. 651.11(b)).
(2) Is not exempt from (or an exception to) NEPA (Sec. 651.11(a)).
(3) Does not qualify as a CX (Sec. 651.11(c)).
(4) Is not adequately covered by existing NEPA analysis and
documentation (Sec. 651.19).
(5) Does not normally require an EIS (Sec. 651.42).
(b) An EA can be 1 to 25 pages in length and be adequate to meet the
requirements of this part, depending upon site-specific circumstances
and conditions. Any analysis that exceeds 25 pages in length should be
evaluated to consider whether the action and its effects are significant
and thus warrant an EIS.
Sec. 651.33 Actions normally requiring an EA.
The following Army actions normally require an EA, unless they
qualify for the use of a CX:
(a) Special field training exercises or test activities in excess of
five acres on Army land of a nature or magnitude not within the annual
installation training cycle or installation master plan.
(b) Military construction that exceeds five contiguous acres,
including contracts for off-post construction.
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(c) Changes to established installation land use that generate
impacts on the environment.
(d) Alteration projects affecting historically significant
structures, archaeological sites, or places listed or eligible for
listing on the National Register of Historic Places.
(e) Actions that could cause significant increase in soil erosion,
or affect prime or unique farmland (off Army property), wetlands,
floodplains, coastal zones, wilderness areas, aquifers or other water
supplies, prime or unique wildlife habitat, or wild and scenic rivers.
(f) Actions proposed during the life cycle of a weapon system if the
action produces a new hazardous or toxic material or results in a new
hazardous or toxic waste, and the action is not adequately addressed by
existing NEPA documentation. Examples of actions normally requiring an
EA during the life cycle include, but are not limited to, testing,
production, fielding, and training involving natural resources, and
disposal/demilitarization. System design, development, and production
actions may require an EA, if such decisions establish precedent (or
make decisions, in principle) for future actions with potential
environmental effects. Such actions should be carefully considered in
cooperation with the development or production contractor or government
agency, and NEPA analysis may be required.
(g) Development and approval of installation master plans.
(h) Development and implementation of Integrated Natural Resources
Management Plans (INRMPs) (land, forest, fish, and wildlife) and
Integrated Cultural Resources Management Plans (ICRMPs).
(i) Actions that take place in, or adversely affect, important
wildlife habitats, including wildlife refuges.
(j) Field activities on land not controlled by the military, except
those that do not alter land use to substantially change the environment
(for example, patrolling activities in a forest). This includes firing
of weapons, missiles, or lasers over navigable waters of the United
States, or extending 45 meters or more above ground level into the
national airspace. It also includes joint air attack training that may
require participating aircraft to exceed 250 knots at altitudes below
3000 feet above ground level, and helicopters, at any speed, below 500
feet above ground level.
(k) An action with substantial adverse local or regional effects on
energy or water availability. Such impacts can only be adequately
identified with input from local agencies and/or citizens.
(l) Production of hazardous or toxic materials.
(m) Changes to established airspace use that generate impacts on the
environment or socioeconomic systems, or create a hazard to non-
participants.
(n) An installation pesticide, fungicide, herbicide, insecticide,
and rodenticide-use program/plan.
(o) Acquisition, construction, or alteration of (or space for) a
laboratory that will use hazardous chemicals, drugs, or biological or
radioactive materials.
(p) An activity that affects a federally listed threatened or
endangered plant or animal species, a federal candidate species, a
species proposed for federal listing, or critical habitat.
(q) Substantial proposed changes in Army-wide doctrine or policy
that potentially have an adverse effect on the environment (40 CFR
1508.18 (b)(1)).
(r) An action that may threaten a violation of federal, state, or
local law or requirements imposed for the protection of the environment.
(s) The construction and operation of major new fixed facilities or
the substantial commitment of installation natural resources supporting
new materiel at the installation.
Sec. 651.34 EA components.
EAs should be 1 to 25 pages in length, and will include:
(a) Signature (Review and Approval) page.
(b) Purpose and need for the action.
(c) Description of the proposed action.
(d) Alternatives considered. The alternatives considered, including
appropriate consideration of the ``No Action'' alternative, the
``Proposed Action,'' and all other appropriate and
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reasonable alternatives that can be realistically accomplished. In the
discussion of alternatives, any criteria for screening alternatives from
full consideration should be presented, and the final disposition of any
alternatives that were initially identified should be discussed.
(e) Affected environment. This section must address the general
conditions and nature of the affected environment and establish the
environmental setting against which environmental effects are evaluated.
This should include any relevant general baseline conditions focusing on
specific aspects of the environment that may be impacted by the
alternatives. EBSs and similar real estate or construction environmental
baseline documents, or their equivalent, may be incorporated and/or
referenced.
(f) Environmental consequences. Environmental consequences of the
proposed action and the alternatives. The document must state and assess
the effects (direct, indirect, and cumulative) of the proposed action
and its alternatives on the environment, and what practical mitigation
is available to minimize these impacts. Discussion and comparison of
impacts should provide sufficient analysis to reach a conclusion
regarding the significance of the impacts, and is not merely a
quantification of facts.
(g) Conclusions regarding the impacts of the proposed action. A
clear statement will be provided regarding whether or not the described
impacts are significant. If the EA identifies potential significant
impacts associated with the proposed action, the conclusion should
clearly state that an EIS will be prepared before the proposed action is
implemented. If no significant impacts are associated with the project,
the conclusion should state that a FNSI will be prepared. Any
mitigations that reduce adverse impacts must be clearly presented. If
the EA depends upon mitigations to support a resultant FNSI, these
mitigations must be clearly identified as a subsection of the
Conclusions.
(h) Listing of preparers, and agencies and persons consulted. Copies
of correspondence to and from agencies and persons contacted during the
preparation of the EA will be available in the administrative record and
may be included in the EA as appendices. In addition, the list of
analysts/preparers will be presented.
(i) References. These provide bibliographic information for cited
sources. Draft documents should not be cited as references without the
expressed permission of the proponent of the draft material.
Sec. 651.35 Decision process.
(a) An EA results in either a FNSI or an NOI to prepare an EIS.
Initiation of an NOI to prepare an EIS should occur at any time in the
decision process when it is determined that significant effects may
occur as a result of the proposed action. The proponent should notify
the decision maker of any such determination as soon as possible.
(b) The FNSI is a document (40 CFR 1508.13) that briefly states why
an action (not otherwise excluded) will not significantly affect the
environment, and, therefore, an EIS will not be prepared. It summarizes
the EA, noting any NEPA documents that are related to, but are not part
of, the scope of the EA under consideration. If the EA is attached, the
FNSI may incorporate the EA's discussion by reference. The draft FNSI
will be made available to the public for review and comment for 30 days
prior to the initiation of an action (see Sec. 651.14(b)(2)(iii) for an
exception). Following the comment period, the decision maker signs the
FNSI, and the action can proceed. It is important that the final FNSI
reflect the decision made, the response to public comments, and the
basis for the final decision.
(c) The FNSI must contain the following:
(1) The name of the action.
(2) A brief description of the action (including any alternatives
considered).
(3) A short discussion of the anticipated environmental effects.
(4) The facts and conclusions that have led to the FNSI.
(5) A deadline and POC for further information or receipt of public
comments (see Sec. 651.47).
(d) The FNSI is normally no more than two typewritten pages in
length.
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(e) The draft FNSI will be made available to the public prior to
initiation of the proposed action, unless it is a classified action (see
Sec. 651.13 for security exclusions). Draft FNSIs that have national
interest should be submitted with the proposed press release, along with
a Questions and Answers (Q&A) package, through command channels to
ASA(I&E) for approval and subsequent publication in the FR. Draft FNSIs
having national interest will be coordinated with OCPA. Local
publication of the FNSI will not precede the FR publication. The text of
the publication should be identical to the FR publication.
(f) For actions of only regional or local interest, the draft FNSI
will be publicized in accordance with Sec. 651.14(b)(2). Distribution
of the draft FNSI should include any agencies, organizations, and
individuals that have expressed interest in the project, those who may
be affected, and others deemed appropriate.
(g) Some FNSIs will require the implementation of mitigation
measures to reduce potential impacts below significance levels, thereby
eliminating the requirement for an EIS. In such instances, the following
steps must be taken:
(1) The EA must be made readily available to the public for review
through traditional publication and distribution, and through the World
Wide Web (WWW) or similar technology. This distribution must be planned
to ensure that all appropriate entities and stakeholders have easy
access to the material. Ensuring this availability may necessitate the
distribution of printed information at locations that are readily
accessible and frequented by those who are affected or interested.
(2) Any identified mitigations must be tracked to ensure
implementation, similar to those specified in an EIS and ROD.
(3) The EA analysis procedures must be sufficiently rigorous to
identify and analyze impacts that are individually or cumulatively
significant.
(h) The proponent is responsible for funding the preparation,
staffing, and distribution of the draft FNSI and EA package, and the
incorporation of public/agency review and comment. The proponent shall
also ensure appropriate public and agency meetings, which may be
required to facilitate the NEPA process in completing the EA. The
decision maker will approve and sign the EA and FNSI documents.
Proponents will ensure that the EA and FNSI, to include drafts, are
provided in electronic format to allow for maximum information flow
throughout the process.
(i) The proponent should ensure that the decision maker is
continuously informed of key findings during the EA process,
particularly with respect to potential impacts and controversy related
to the proposed action.
Sec. 651.36 Public involvement.
(a) The involvement of other agencies, organizations, and
individuals in the development of EAs and EISs enhances collaborative
issue identification and problem solving. Such involvement demonstrates
that the Army is committed to open decision-making and builds the
necessary community trust that sustains the Army in the long term.
Public involvement is mandatory for EISs (see Sec. 651.47 and Appendix
D of this part for information on public involvement requirements).
(b) Environmental agencies and the public will be involved to the
extent practicable in the preparation of an EA. If the proponent elects
to involve the public in the development of an EA, Sec. 651.47 and
Appendix D of this part may be used as guidance. When considering the
extent practicable of public interaction (40 CFR 1501.4(b)), factors to
be weighed include:
(1) Magnitude of the proposed project/action.
(2) Extent of anticipated public interest, based on experience with
similar proposals.
(3) Urgency of the proposal.
(4) National security classification.
(5) The presence of minority or economically-disadvantaged
populations.
(c) Public involvement must begin early in the proposal development
stage, and during preparation of an EA. The direct involvement of
agencies with jurisdiction or special expertise is an integral part of
impact analysis,
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and provides information and conclusions for incorporation into EAs.
Unclassified documents incorporated by reference into the EA or FNSI are
public documents.
(d) Copies of public notices, ``scoping'' letters, EAs, draft FNSIs,
FNSIs, and other documents routinely sent to the public will be sent
directly to appropriate congressional, state, and district offices.
(e) To ensure early incorporation of the public into the process, a
plan to include all interested or affected parties should be developed
at the beginning of the analysis and documentation process. Open
communication with the public is encouraged as a matter of Army policy,
and the degree of public involvement varies. Appropriate public notice
of the availability of the completed EA/draft FNSI shall be made (see
Sec. 651.35) (see also AR 360-5 (Public Information)). The plan will
include the following:
(1) Dissemination of information to local and installation
communities.
(2) Invitation and incorporation of public comments on Army actions.
(3) Consultation with appropriate persons and agencies.
(f) Further guidance on public participation requirements (to
potentially be used for EAs and EISs, depending on circumstances) is
presented in Appendix D of this part.
Sec. 651.37 Public availability.
Documents incorporated into the EA or FNSI by reference will be
available for public review. Where possible, use of public libraries and
a list of POCs for supportive documents is encouraged. A depository
should be chosen which is open beyond normal business hours. To the
extent possible, the WWW should also be used to increase public
availability of documents.
Sec. 651.38 Existing environmental assessments.
EAs are dynamic documents. To ensure that the described setting,
actions, and effects remain substantially accurate, the proponent or
installation Environmental Officer is encouraged to periodically review
existing documentation that is still relevant or supporting current
action. If an action is not yet completed, substantial changes in the
proposed action may require supplementation, as specified in Sec. 651.5
(g).
Sec. 651.39 Significance.
(a) If the proposed action may or will result in significant impacts
to the environment, an EIS is prepared to provide more comprehensive
analyses and conclusions about the impacts. Significant impacts of
socioeconomic consequence alone do not merit an EIS.
(b) Significance of impacts is determined by examining both the
context and intensity of the proposed action (40 CFR 1508.27). The
analysis should establish, by resource category, the threshold at which
significance is reached. For example, an action that would violate
existing pollution standards; cause water, air, noise, soil, or
underground pollution; impair visibility for substantial periods; or
cause irreparable harm to animal or plant life could be determined
significant. Significant beneficial effects also occur and must be
addressed, if applicable.
(c) The proponent should use appropriate methods to identify and
ascertain the ``significance'' of impacts. The use of simple analytical
tools, which are subject to independent peer review, fully documented,
and available to the public, is encouraged. \4\ In particular, where
impacts are unknown or are suspected to be of public interest, public
involvement should be initiated early in the EA (scoping) process.
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\4\ EIFS is one such Army system for evaluating regional economic
impacts under NEPA. This system is mandated, as Army policy, for use in
NEPA analyses. Other similar tools may be mandated for use in the Army,
and will be documented in guidance published pursuant to this part.
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Subpart F_Environmental Impact Statement
Sec. 651.40 Introduction.
(a) An EIS is a public document designed to ensure that NEPA
policies and goals are incorporated early into the programs and actions
of federal agencies. An EIS is intended to provide a full, open, and
balanced discussion of significant environmental impacts that
[[Page 100]]
may result from a proposed action and alternatives, allowing public
review and comment on the proposal and providing a basis for informed
decision-making.
(b) The NEPA process should support sound, informed, and timely
(early) decision-making; not produce encyclopedic documents. CEQ
guidance (40 CFR 1502.7) should be followed, establishing a page limit
of 150 pages (300 pages for complex projects). To the extent
practicable, EISs will ``incorporate by reference'' any material that is
reasonably available for inspection by potentially interested persons
within the time allowed for comment. The incorporated material shall be
cited in the EIS and its content will be briefly described. Material
based on proprietary data, that is itself not available for review and
comment, shall not be incorporated by reference.
Sec. 651.41 Conditions requiring an EIS.
An EIS is required when a proponent, preparer, or approving
authority determines that the proposed action has the potential to:
(a) Significantly affect environmental quality, or public health or
safety.
(b) Significantly affect historic (listed or eligible for listing in
the National Register of Historic Places, maintained by the National
Park Service, Department of Interior), or cultural, archaeological, or
scientific resources, public parks and recreation areas, wildlife refuge
or wilderness areas, wild and scenic rivers, or aquifers.
(c) Significantly impact prime and unique farmlands located off-
post, wetlands, floodplains, coastal zones, or ecologically important
areas, or other areas of unique or critical environmental sensitivity.
(d) Result in significant or uncertain environmental effects, or
unique or unknown environmental risks.
(e) Significantly affect a federally listed threatened or endangered
plant or animal species, a federal candidate species, a species proposed
for federal listing, or critical habitat.
(f) Either establish a precedent for future action or represent a
decision in principle about a future consideration with significant
environmental effects.
(g) Adversely interact with other actions with individually
insignificant effects so that cumulatively significant environmental
effects result.
(h) Involve the production, storage, transportation, use, treatment,
and disposal of hazardous or toxic materials that may have significant
environmental impact.
(i) Be highly controversial from an environmental standpoint.
(j) Cause loss or destruction of significant scientific, cultural,
or historical resources.
Sec. 651.42 Actions normally requiring an EIS.
The following actions normally require an EIS:
(a) Significant expansion of a military facility or installation.
(b) Construction of facilities that have a significant effect on
wetlands, coastal zones, or other areas of critical environmental
concern.
(c) The disposal of nuclear materials, munitions, explosives,
industrial and military chemicals, and other hazardous or toxic
substances that have the potential to cause significant environmental
impact.
(d) Land acquisition, leasing, or other actions that may lead to
significant changes in land use.
(e) Realignment or stationing of a brigade or larger table of
organization equipment (TOE) unit during peacetime (except where the
only significant impacts are socioeconomic, with no significant
biophysical environmental impact).
(f) Training exercises conducted outside the boundaries of an
existing military reservation where significant environmental damage
might occur.
(g) Major changes in the mission or facilities either affecting
environmentally sensitive resources (see Sec. 651.29(c)) or causing
significant environmental impact (see Sec. 651.39).
Sec. 651.43 Format of the EIS.
The EIS should not exceed 150 pages in length (300 pages for very
complex proposals), and must contain the following (detailed content is
discussed in appendix E of this part):
(a) Cover sheet.
(b) Summary.
[[Page 101]]
(c) Table of contents.
(d) Purpose of and need for the action.
(e) Alternatives considered, including proposed action and no-action
alternative.
(f) Affected environment (baseline conditions) that may be impacted.
(g) Environmental and socioeconomic consequences.
(h) List of preparers.
(i) Distribution list.
(j) Index.
(k) Appendices (as appropriate).
Sec. 651.44 Incomplete information.
When the proposed action will have significant adverse effects on
the human environment, and there is incomplete or unavailable
information, the proponent will ensure that the EIS addresses the issue
as follows:
(a) If the incomplete information relevant to reasonably foreseeable
significant adverse impacts is essential to a reasoned choice among
alternatives and the overall costs of obtaining it are not exorbitant,
the Army will include the information in the EIS.
(b) If the information relevant to reasonably foreseeable
significant adverse impacts cannot be obtained because the overall costs
of obtaining it are exorbitant or the means to obtain it are not known
(for example, the means for obtaining it are beyond the state of the
art), the proponent will include in the EIS:
(1) A statement that such information is incomplete or unavailable.
(2) A statement of the relevance of the incomplete or unavailable
information to evaluating the reasonably foreseeable significant adverse
impacts on the human environment.
(3) A summary of existing credible scientific evidence that is
relevant to evaluating the reasonably foreseeable significant adverse
impacts on the human environment.
(4) An evaluation of such impacts based upon theoretical approaches
or research methods generally accepted in the scientific community.
Sec. 651.45 Steps in preparing and processing an EIS.
(a) NOI. The NOI initiates the formal scoping process and is
prepared by the proponent.
(1) Prior to preparing an EIS, an NOI will be published in the FR
and in newspapers with appropriate or general circulation in the areas
potentially affected by the proposed action. The OCLL will be notified
by the ARSTAF proponent of pending EISs so that congressional
coordination may be effected. After the NOI is published in the FR,
copies of the notice may also be distributed to agencies, organizations,
and individuals, as the responsible official deems appropriate.
(2) The NOI transmittal package includes the NOI, the press release,
information for Members of Congress, memorandum for correspondents, and
a ``questions and answers'' (Q&A) package. The NOI shall clearly state
the proposed action and alternatives, and state why the action may have
unknown and/or significant environmental impacts.
(3) The proponent forwards the NOI and the transmittal package to
the appropriate HQDA (ARSTAF) proponent for coordination and staffing
prior to publication. The ARSTAF proponent will coordinate the NOI with
HQDA (ODEP), OCLL, TJAG, OGC, OCPA, relevant MACOMs, and others). Only
the Deputy Assistant Secretary of the Army for Environment, Safety, and
Occupational Health (DASA(ESOH)) can authorize release of an NOI to the
FR for publication, unless that authority has been delegated. A cover
letter (similar to Figure 5 in Sec. 651.46) will accompany the NOI. An
example NOI is shown in Figure 6 in Sec. 651.46.
(b) Lead and cooperating agency determination. As soon as possible
after the decision is made to prepare an EIS, the proponent will contact
appropriate federal, tribal, state, and local agencies to identify lead
or cooperating agency responsibilities concerning EIS preparation. At
this point, a public affairs plan must be developed. In the case of
State ARNG actions that have federal funding, the NGB will be the lead
agency for the purpose of federal compliance with NEPA. The State may be
either a
[[Page 102]]
joint lead or a cooperating agency, as determined by NGB.
(c) Scoping. The proponent will begin the scoping process described
in Sec. 651.48. Portions of the scoping process may take place prior to
publication of the NOI.
(d) DEIS preparation and processing. Prior to publication of a DEIS,
the proponent can prepare a PDEIS, allowing for internal organization
and the resolution of internal Army consideration, prior to a formal
request for comments.
(1) PDEIS. Based on information obtained and decisions made during
the scoping process, the proponent may prepare the PDEIS. To expedite
headquarters review, a summary document is also required to present the
purpose and need for the action, DOPAA, major issues, unresolved issues,
major potential controversies, and required mitigations or monitoring.
This summary will be forwarded, through the chain of command, to ODEP,
the DASA(ESOH), and other interested offices for review and comment. If
requested by these offices, a draft PDEIS can be provided following
review of the summary. The PDEIS is not normally made available to the
public and should be stamped ``For Internal Use Only-Deliberative
Process.''
(2) DEIS. The Army proponent will advise the DEIS preparer of the
number of copies to be forwarded for final HQDA review and those for
filing with the EPA. Distribution may include interested congressional
delegations and committees, governors, national environmental
organizations, the DOD and federal agency headquarters, and other
selected entities. The Army proponent will finalize the FR NOA, the
proposed news release, and the EPA filing letter for signature of the
DASA(ESOH). A revised process summary of the contents (purpose and need
for the action, DOPAA, major issues, unresolved issues, major potential
controversies, and required mitigations or monitoring) will accompany
the DEIS to HQDA for review and comment. If the action has been
delegated by the ASA(I&E), only the process summary is required, unless
the DEIS is requested by HQDA.
(i) When the DEIS has been formally approved, the preparer can
distribute the DEIS to the remainder of the distribution list. The DEIS
must be distributed prior to, or simultaneously with, filing with EPA.
The list includes federal, state, regional, and local agencies, private
citizens, and local organizations. The EPA will publish the NOA in the
FR. The 45-day comment period begins on the date of the EPA notice in
the FR.
(ii) Following approval, the proponent will forward five copies of
the DEIS to EPA for filing and notice in the FR; publication of EPA's
NWR commences the public comment period. The proponent will distribute
the DEIS prior to, or simultaneously with, filing with EPA. Distribution
will include appropriate federal, state, regional, and local agencies;
Native American tribes; and organizations and private citizens who have
expressed interest in the proposed action.
(iii) For proposed actions that are environmentally controversial,
or of national interest, the OCLL shall be notified of the pending
action so that appropriate congressional coordination may be effected.
The OCPA will coordinate public announcements through its chain of
command. Proponents will ensure that the DEIS and subsequent NEPA
documents are provided in electronic format to allow for maximum
information flow throughout the process.
(e) Public review of DEIS. The DEIS public comment period will be no
less than 45 days. If the statement is unusually long, a summary of the
DEIS may be circulated, with an attached list of locations where the
entire DEIS may be reviewed (for example, local public libraries).
Distribution of the complete DEIS should be accompanied by the
announcement of availability in established newspapers of major
circulation, and must include the following:
(1) Any federal agency that has jurisdiction by law or special
expertise with respect to any environmental impact involved and any
appropriate federal, state, or local agency authorized to develop and
enforce environmental standards.
[[Page 103]]
(2) The applicant, if the proposed action involves any application
of proposal for the use of Army resources.
(3) Any person, organization, or agency requesting the entire DEIS.
(4) Any Indian tribes, Native Alaskan organizations, or Native
Hawaiian organizations potentially impacted by the proposed action.
(5) Chairs/co-chairs of any existing citizen advisory groups (for
example, Restoration Advisory Boards).
(f) Public meetings or hearings. Public meetings or hearings on the
DEIS will be held in accordance with the criteria established in 40 CFR
1506.6(c) and (d) or for any other reason the proponent deems
appropriate. News releases should be prepared and issued to publicize
the meetings or hearings at least 15 days prior to the meeting.
(g) Response to comments. Comments will be incorporated in the DEIS
by modification of the text and/or written explanation. Where possible,
similar comments will be grouped for a common response. The preparer or
a higher authority may make individual response, if considered
desirable.
(h) The FEIS. If the changes to the DEIS are exclusively
clarifications or minor factual corrections, a document consisting of
only the DEIS comments, responses to the comments, and errata sheets may
be prepared and circulated. If such an abbreviated FEIS is anticipated,
the DEIS should contain a statement advising reviewers to keep the
document so they will have a complete set of ``final'' documents. The
final EIS to be filed with EPA will consist of a complete document
containing a new cover sheet, the errata sheets, comments and responses,
and the text of the draft EIS. Coordination, approval, filing, and
public notice of an abbreviated FEIS are the same as for a draft DEIS.
If extensive modifications are warranted, the proponent will prepare a
new, complete FEIS. Preparation, coordination, approval, filing, and
public notice of the FEIS are the same as the process outlined for the
DEIS. The FEIS distribution must include any person, organization, or
agency that submitted substantive comments on the DEIS. One copy
(electronic) of the FEIS will be forwarded to ODEP. The FEIS will
clearly identify the Army's preferred alternative unless prohibited by
law.
(i) Decision. No decision will be made on a proposed action until 30
days after EPA has published the NWR of the FEIS in the FR, or 90 days
after the NWR of the DEIS, whichever is later. EPA publishes NWRs
weekly. Those NWRs ready for EPA by close of business Friday are
published in the next Friday's issue of the FR.
(j) ROD. The ROD documents the decision made and the basis for that
decision.
(1) The proponent will prepare a ROD for the decision maker's
signature, which will:
(i) Clearly state the decision by describing it in sufficient detail
to address the significant issues and ensure necessary long-term
monitoring and execution.
(ii) Identify all alternatives considered by the Army in reaching
its decision, specifying the environmentally preferred alternative(s).
The Army will discuss preferences among alternatives based on relevant
factors including environmental, economic, and technical considerations
and agency statutory missions.
(iii) Identify and discuss all such factors, including any essential
considerations of national policy that were balanced by the Army in
making its decision. Because economic and technical analyses are
balanced with environmental analysis, the agency preferred alternative
will not necessarily be the environmentally preferred alternative.
(iv) Discuss how those considerations entered into the final
decision.
(v) State whether all practicable means to avoid or minimize
environmental harm from the selected alternative have been adopted, and
if not, why they were not.
(vi) Identify or incorporate by reference the mitigation measures
that were incorporated into the decision.
(2) Implementation of the decision may begin immediately after
approval of the ROD.
(3) The proponent will prepare an NOA to be published in the FR by
the HQDA proponent, following congressional notification. Processing and
approval of the NOA is the same as for an NOI.
[[Page 104]]
(4) RODs will be distributed to agencies with authority or oversight
over aspects of the proposal, cooperating agencies, appropriate
congressional, state, and district offices, all parties that are
directly affected, and others upon request.
(5) One electronic copy of the ROD will be forwarded to ODEP.
(6) A monitoring and enforcement program will be adopted and
summarized for any mitigation (see Appendix C of this part).
(k) Pre-decision referrals. 40 CFR part 1504 specifies procedures to
resolve federal agency disagreements on the environmental effects of a
proposed action. Pre-decision referrals apply to interagency
disagreement on a proposed action's potential unsatisfactory effects.
(l) Changes during preparation. If there are substantial changes in
the proposed action, or significant new information relevant to
environmental concerns during the proposed action's planning process,
the proponent will prepare revisions or a supplement to any
environmental document or prepare new documentation as necessary.
(m) Mitigation. All measures planned to minimize or mitigate
expected significant environmental impacts will be identified in the EIS
and the ROD. Implementation of the mitigation plan is the responsibility
of the proponent (see Appendix C of this part). The proponent will make
available to the public, upon request, the status and results of
mitigation measures associated with the proposed action. For weapon
system acquisition programs, the proponent will coordinate with the
appropriate responsible parties before identifying potential mitigations
in the EIS/ROD.
(n) Implementing the decision. The proponent will provide for
monitoring to assure that decisions are carried out, particularly in
controversial cases or environmentally sensitive areas (Appendix C of
this part). Mitigation and other conditions that have been identified in
the EIS, or during its review and comment period, and made part of the
decision (and ROD), will be implemented by the lead agency or other
appropriate consenting agency. The proponent will:
(1) Include appropriate conditions in grants, permits, or other
approvals.
(2) Ensure that the proponent's project budget includes provisions
for mitigations.
(3) Upon request, inform cooperating or commenting agencies on the
progress in carrying out adopted mitigation measures that they have
proposed and that were adopted by the agency making the decision.
(4) Upon request, make the results of relevant monitoring available
to the public and Congress.
(5) Make results of relevant monitoring available to citizens
advisory groups, and others that expressed such interest during the EIS
process.
Sec. 651.46 Existing EISs.
A newly proposed action must be the subject of a separate EIS. The
proponent may extract and revise the existing environmental documents in
such a way as to bring them completely up to date, in light of the new
proposals. Such a revised EIS will be prepared and processed entirely
under the provisions of this part. If an EIS of another agency is
adopted, it must be processed in accordance with 40 CFR 1506.3. Figures
4 through 8 to Subpart F of part 651 follow:
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Sec. Figures 4-8 to Subpart F of Part 651
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[[Page 108]]
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Subpart G_Public Involvement and the Scoping Process
Sec. 651.47 Public involvement.
(a) As a matter of Army policy, public involvement is required for
all EISs, and is strongly encouraged for all Army actions, including
EAs. The requirement (40 CFR 1506.6) for public involvement recognizes
that all potentially interested or affected parties will be involved,
when practicable, whenever analyzing environmental considerations. This
requirement can be met at the very beginning of the process by
developing a plan to include all affected parties and implementing the
plan with appropriate adjustments as it proceeds (AR 360-5). The plan
will include the following:
(1) Information dissemination to local and installation communities
through such means as news releases to local media, announcements to
local citizens groups, and Commander's letters at each phase or
milestone (more frequently if needed) of the project. The dissemination
of this information will be based on the needs and desires of the local
communities.
(2) Each phase or milestone (more frequently if needed) of the
project will be coordinated with representatives of local, state,
tribal, and federal government agencies.
(3) Public comments will be invited and two-way communication
channels
[[Page 110]]
will be kept open through various means as stated above. These two-way
channels will be dynamic in nature, and should be updated regularly to
reflect the needs of the local community.
(4) Public affairs officers at all levels will be kept informed.
(b) When an EIS is being prepared, public involvement is a requisite
element of the scoping process (40 CFR 1501.7(a)(1)).
(c) Proponents will invite public involvement in the review and
comment of EAs and draft FNSIs (40 CFR 1506.6).
(d) Persons and agencies to be consulted include the following:
(1) Municipal, township, and county elected and appointed officials.
(2) Tribal, state, county, and local government officials and
administrative personnel whose official duties include responsibility
for activities or components of the affected environment related to the
proposed Army action.
(3) Local and regional administrators of other federal agencies or
commissions that may either control resources potentially affected by
the proposed action (for example, the U.S. Fish and Wildlife Service);
or who may be aware of other actions by different federal agencies whose
effects must be considered with the proposed Army action (for example,
the GSA).
(4) Members of existing citizen advisory groups, such as Restoration
Advisory Boards and Citizen Advisory Commissions.
(5) Members of identifiable population segments within the
potentially affected environments, whether or not they have clearly
identifiable leaders or an established organization, such as farmers and
ranchers, homeowners, small business owners, minority communities and
disadvantaged communities, and tribal governments in accordance with
White House Memorandum on Government to Government Relations with Native
American Tribal Governments (April 29, 1994).
(6) Members and officials of those identifiable interest groups of
local or national scope that may have interest in the environmental
effects of the proposed action or activity (for example, hunters and
fishermen, Izaak Walton League, Sierra Club, and the Audubon Society).
(7) Any person or group that has specifically requested involvement
in the specific action or similar actions.
(e) The public involvement processes and procedures through which
participation may be solicited include the following:
(1) Direct individual contact. Such interaction can identify persons
and their opinions and initial positions, affecting the scope of issues
that the EIS must address. Such limited contact may satisfy public
involvement requirements when the expected significance and controversy
of environmental effects is very limited.
(2) Small workshops or discussion groups.
(3) Larger public gatherings that are held after some formulation of
the potential issues. The public is invited to express its views on the
proposed courses of action. Public suggestions or alternative courses of
action not already identified may be expressed at these gatherings that
need not be formal public hearings.
(4) Identifying and applying other processes and procedures to
accomplish the appropriate level of public involvement.
(f) The meetings described in paragraph (e) of this section should
not be public hearings in the early stages of evaluating a proposed
action. Public hearings do not substitute for the full range of public
involvement procedures under the purposes and intent, as described in
paragraph (e) of this section.
(g) Public surveys or polls may be performed to identify public
opinion of a proposed action, as appropriate (AR 335-15).
Sec. 651.48 Scoping process.
(a) The scoping process (40 CFR 1501.7) is intended to aid in
determining the scope of the analyses and significant issues related to
the proposed action. The process requires appropriate public
participation immediately following publication of the NOI in the FR. It
is important to note that scoping is not synonymous with a public
meeting. The Army policy is that EISs for legislative proposals
significantly affecting the environment will
[[Page 111]]
go through scoping unless extenuating circumstances make it impractical.
In some cases, the scoping process may be useful in the preparation of
EAs and should be employed when it is useful.
(b) The scoping process identifies relevant issues related to a
proposed action through the involvement of all potentially interested or
affected parties (affected federal, state, and local agencies;
recognized Indian tribes; interest groups, and other interested persons)
in the environmental analysis and documentation. This process should:
(1) Eliminate issues from detailed consideration which are not
significant, or which have been covered by prior environmental review;
and
(2) Make the analysis and documentation more efficient by providing
focus to the effort. Proper scoping identifies reasonable alternatives
and the information needed for their evaluation, thereby increasing
public confidence in the Army decisionmaking process.
(c) Proper scoping will reduce both costs and time required for an
EA or EIS. This is done through the documentation of all potential
impacts and the focus of detailed consideration on those aspects of the
action which are potentially significant or controversial. To assist in
this process the Army will use the Environmental Impact Computer System
(EICS) starting in Fiscal Year (FY) 04, as appropriate. This system will
serve to structure all three stages of the scoping process (Sec.
651.49, 651.50, and 651.51) and provide focus on those actions that are
important and of interest to the public. While these discussions focus
on EIS preparation and documents to support that process, the three
phases also apply if scoping is used for an EA. If used in the
preparation of an EA, scoping, and documents to support that process,
can be modified and adopted to ensure efficient public iteration and
input to the decision-making process.
(d) When the planning for a project or action indicates the need for
an EIS, the proponent initiates the scoping process to identify the
range of actions, alternatives, and impacts for consideration in the EIS
(40 CFR 1508.25). The extent of the scoping process (including public
involvement) will depend upon:
(1) The size and type of the proposed action.
(2) Whether the proposed action is of regional or national interest.
(3) Degree of any associated environmental controversy.
(4) Importance of the affected environmental parameters.
(5) Significance of any effects on them.
(6) Extent of prior environmental review.
(7) Involvement of any substantive time limits.
(8) Requirements by other laws for environmental review.
(e) The proponent may incorporate scoping in the public involvement
(or environmental review) process of other requirements, such as an EA.
In such cases, the extent of incorporation is at the discretion of the
proponent, working with the affected Army organization or installation.
Such integration is encouraged.
(f) Scoping procedures fall into preliminary, public interaction,
and final phases. These phases are discussed in Sec. Sec. 651.49,
651.50, and 651.51, respectively.
Sec. 651.49 Preliminary phase.
In the preliminary phase, the proponent agency or office identifies,
as early as possible, how it will accomplish scoping and with whose
involvement. Key points will be identified or briefly summarized by the
proponent, as appropriate, in the NOI, which will:
(a) Identify the significant issues to be analyzed in the EIS.
(b) Identify the office or person responsible for matters related to
the scoping process. If they are not the same as the proponent of the
action, that distinction will be made.
(c) Identify the lead and cooperating agency, if already determined
(40 CFR 1501.5 and 1501.6).
(d) Identify the method by which the agency will invite
participation of affected parties, and identify a tentative list of the
affected parties to be notified. A key part of this preliminary
identification is to solicit input regarding other parties who would be
interested in the proposed project or affected by it.
[[Page 112]]
(e) Identify the proposed method for accomplishing the scoping
procedure.
(f) Indicate the relationship between the timing of the preparation
of environmental analyses and the tentative planning and decisionmaking
schedule including:
(1) The scoping process itself.
(2) Collection or analysis of environmental data, including required
studies.
(3) Preparation of draft and final EISs (DEISs and FEISs), and
associated review periods.
(4) Filing of the ROD.
(5) Taking the action.
(6) For a programmatic EIS, preparation of a general expected
schedule for future specific implementing (tiered) actions that will
involve separate environmental analysis.
(g) If applicable, identify the extent to which the EIS preparation
process is exempt from any of the normal procedural requirements of this
part, including scoping.
Sec. 651.50 Public interaction phase.
(a) During this portion of the process, the proponent will invite
comments from all affected parties and respondents to the NOI to assist
in developing issues for detailed discussion in the EIS. Assistance in
identifying possible participants is available from the ODEP.
(b) In addition to the affected parties identified in paragraph (a)
of this section, participants should include the following:
(1) Technical representatives of the proponent. Such persons must be
able to describe the technical aspects of the proposed action and
alternatives to other participants.
(2) One or more representatives of any Army-contracted consulting
firm, if one has been retained to participate in writing the EIS or
providing reports that the Army will use to create substantial portions
of the EIS.
(3) Experts in various environmental disciplines, in any technical
area where foreseen impacts are not already represented among the other
scoping participants.
(c) In all cases, the participants will be provided with information
developed during the preliminary phase and with as much of the following
information that may be available:
(1) A brief description of the environment at the affected location.
When descriptions for a specific location are not available, general
descriptions of the probable environmental effects will be provided.
This will also address the extent to which the environment has been
modified or affected in the past.
(2) A description of the proposed alternatives. The description will
be sufficiently detailed to enable evaluation of the range of impacts
that may be caused by the proposed action and alternatives. The amount
of detail that is sufficient will depend on the stage of the development
of the proposal, its magnitude, and its similarity to other actions with
which participants may be familiar.
(3) A tentative identification of ``any public environmental
assessments and other environmental impact statements that are being or
will be prepared that are related to but are not part of the scope of
the impact statement under consideration'' (40 CFR 1501.7(a)(5)).
(4) Any additional scoping issues or limitations on the EIS, if not
already described during the preliminary phase.
(d) The public involvement should begin with the NOI to publish an
EIS. The NOI may indicate when and where a scoping meeting will take
place and who to contact to receive preliminary information. The scoping
meeting is an informal public meeting, and initiates a continuous
scoping process, allowing the Army to scope the action and the impacts
of alternatives. It is a working session where the gathering and
evaluation of information relating to potential environmental impacts
can be initiated.
(e) Starting with this information (paragraph (d) of this section),
the person conducting the scoping process will use input from any of the
involved or affected parties. This will aid in developing the
conclusions. The proponent determines the final scope of the EIS. If the
proponent chooses not to require detailed treatment of significant
issues or factors in the EIS, in spite of relevant technical or
scientific objections by any participant, the proponent will
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clearly identify (in the environmental consequences section of the EIS)
the criteria that were used to eliminate such factors.
Sec. 651.51 The final phase.
(a) The initial scope of the DEIS is determined by the proponent
during and after the public interaction phase of the process. Detailed
analysis should focus on significant issues (40 CFR 1501.7(a)(2)). To
determine the appropriate scope, the proponent must consider three
categories of actions, alternatives, and impacts.
(1) The three categories of actions (other than unconnected single
actions) are as follows:
(i) Connected actions are those that are closely related and should
be discussed in the same impact statement. Actions are connected if they
automatically trigger other actions that may require EISs, cannot or
will not proceed unless other actions are previously or simultaneously
taken, are interdependent parts of a larger action, and depend on the
larger action for their justification.
(ii) Cumulative actions are those that, when viewed with other past
and proposed actions, have cumulatively significant impacts and should
be discussed in the same impact statement.
(iii) Similar actions are those that have similarities which provide
a basis for evaluating their environmental consequences together, such
as common timing or geography, and may be analyzed in the EIS. Agencies
should do so when the best way to assess such actions is to treat them
in a single EIS.
(2) The three categories of alternatives are as follows:
(i) No action.
(ii) Other reasonable courses of action.
(iii) Mitigation measures (not in the proposed action).
(3) The three categories of impacts are as follows:
(i) Direct.
(ii) Indirect.
(iii) Cumulative.
(4) The proponent can also identify any public EAs and EISs,
prepared by the Army or another federal agency, related to, but not part
of, the EIS under consideration (40 CFR 1501.7(a)(5)). Assignments for
the preparation of the EIS among the lead and any cooperating agencies
can be identified, with the lead agency retaining responsibility for the
statement (40 CFR 1501.7(a)(4)); along with the identification of any
other environmental review and consultation requirements so the lead and
cooperating agencies may prepare other required analyses and studies
concurrently with the EIS (40 CFR 1501.7(a)(6)).
(b) The identification and elimination of issues that are
insignificant, non-controversial, or covered by prior environmental
review can narrow the analysis to remaining issues and their
significance through reference to their coverage elsewhere (40 CFR
1501.7(a)(3)).
(c) As part of the scoping process, the lead agency may:
(1) Set time limits, as provided in Sec. 651.14(b), if they were
not already indicated in the preliminary phase.
(2) Prescribe overall page limits for the EIS in accordance with the
CEQ regulations that emphasize conciseness.
(d) All determinations reached by the proponent during the scoping
process will be clearly conveyed to the preparers of the EIS in a Scope
of Statement. The Scope of Statement will be made available to
participants in the scoping process and to other interested parties upon
request. Any scientific or technical conflicts that arise between the
proponent and scoping participants, cooperating agencies, other federal
agencies, or preparers will be identified during the scoping process and
resolved or discussed by the proponent in the DEIS.
Sec. 651.52 Aids to information gathering.
The proponent may use or develop graphic or other innovative methods
to aid information gathering, presentation, and transfer during the
three scoping phases. These include methods for presenting preliminary
information to scoping participants, obtaining and consolidating input
from participants, and organizing determinations on scope for use during
preparation of the DEIS. The use of the World Wide Web
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(WWW) for these purposes is encouraged. Suggested uses include the
implementation of a continuous scoping process, facilitating ``virtual''
public participation, as well as the dissemination of analyses and
information as they evolve.
Sec. 651.53 Modifications of the scoping process.
(a) If a lengthy period exists between a decision to prepare an EIS
and the time of preparation, the proponent will initiate the NOI at a
reasonable time in advance of preparation of the DEIS. The NOI will
state any tentative conclusions regarding the scope of the EIS made
prior to publication of the NOI. Reasonable time for public
participation will be allowed before the proponent makes any final
decisions or commitments on the EIS.
(b) The proponent of a proposed action may use scoping during
preparation of environmental review documents other than an EIS, if
desired. In such cases, the proponent may use these procedures or may
develop modified procedures, as needed.
Subpart H_Environmental Effects of Major Army Action Abroad
Sec. 651.54 Introduction.
(a) Protection of the environment is an Army priority, no matter
where the Army actions are undertaken. The Army is committed to pursuing
an active role in addressing environmental quality issues in Army
relations with neighboring communities and assuring that consideration
of the environment is an integral part of all decisions. This section
assigns responsibilities for review of environmental effects abroad of
major Army actions, as required by Executive Order 12114, Environmental
Effects Abroad of Major Federal Actions, dated January 4, 1979, 3 CFR,
1979 Comp.,p.356. This section applies to HQDA and Army agencies'
actions that would significantly affect the quality of the human
environment outside the United States.
(b) Executive Order 12114 and DODD 6050.7, Environmental Effects
Abroad of Major Department of Defense Actions (planned currently to be
replaced by a DODI, Analyzing Defense Actions With the Potential for
Significant Impacts Outside the United States) provide guidance for
analyzing the environmental impacts of Army actions abroad and in the
global commons. Army components will, consistent with diplomatic factors
(including applicable Status of Forces Agreements (SOFAs) and stationing
agreements), national security considerations, and difficulties of
obtaining information, document the review of potential environmental
impacts of Army actions abroad and in the global commons as set forth in
DODD 6050.7 (or DODI upon publication). The analysis and documentation
of potential environmental impacts of Army actions abroad and in the
global commons should, to the maximum extent possible, be incorporated
into existing decision-making processes; planning for military
exercises, training plans, and military operations.
Sec. 651.55 Categorical exclusions.
The list of CXs in Appendix B of this part may be used in reviewing
potential environmental impacts of major actions abroad and in the
global commons, in accordance with DODD 6050.7 (or DODI upon
publication) and Executive Order 12114, section 2-5(c).
Sec. 651.56 Responsibilities.
(a) The ASA(I&E) will:
(1) Serve as the Secretary of the Army's responsible official for
environmental matters abroad.
(2) Maintain liaison with the DUSD(IE) on matters concerning
Executive Order 12114, DODD 6050.7, and this part.
(3) Coordinate actions with other Secretariat offices as
appropriate.
(b) The DEP will:
(1) Serve as ARSTAF proponent for implementation of Executive Order
12114, DODD 6050.7, and this part.
(2) Apply this part when planning and executing overseas actions,
where appropriate in light of applicable statutes and SOFAs.
(c) The DCSOPS will:
(1) Serve as the focal point on the ARSTAF for integrating
environmental considerations required by Executive Order 12114 into Army
plans and activities. Emphasis will be placed
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on those actions reasonably expected to have widespread, long-term, and
severe impacts on the global commons or the territories of foreign
nations.
(2) Consult with the Office of Foreign Military Rights Affairs of
the Assistant Secretary of Defense (International Security Affairs)
(ASD(ISA)) on significant or sensitive actions affecting relations with
another nation.
(d) TJAG, in coordination with the OGC, will provide advice and
assistance concerning the requirements of Executive Order 12114 and DODD
6050.7.
(e) The Chief of Public Affairs will provide advice and assistance
on public affairs as necessary.
Sec. Appendix A to Part 651--References
Military publications and forms are accessible from a variety of
sources through the use of electronic media or paper products. In most
cases, electronic publications and forms that are associated with
military organizations can be accessed at various address or web sites
on the Internet. Since electronic addresses can frequently change, or
similar web links can also be modified at several locations on the
Internet, it's advisable to access those sites using a search engine
that is most accommodative, yet beneficial to the user. Additionally, in
an effort to facilitate the public right to information, certain
publications can also be purchased through the National Technical
Information Service (NTIS). Persons interested in obtaining certain
types of publications can write to the National Technical Information
Service, 5285 Port Royal Road, Springfield, VA 22161.
Section I--Required Publications
AR 360-5
Army Public Affairs, Public Information.
Section II--Related Publications
A related publication is merely a source of additional information.
The user does not have to read it to understand this part.
AR 5-10
Reduction and Realignment Actions.
AR 11-27
Army Energy Program.
AR 95-50
Airspace and Special Military Operation Requirements.
AR 140-475
Real Estate Selection and Acquisition: Procedures and Criteria.
AR 200-1
Environmental Protection and Enhancement.
AR 200-3
Natural Resources--Land, Forest, and Wildlife Management.
AR 200-4
Cultural Resources Management.
AR 210-10
Administration.
AR 210-20
Master Planning for Army Installations.
AR 335-15
Management Information Control System.
AR 380-5
Department of the Army Information Security Program.
AR 385-10
Army Safety Program.
AR 530-1
Operations Security (OPSEC).
DA PAM 70-3
Army Acquisition Procedures.
Defense Acquisition Deskbook
An electronic knowledge presentation system available through the
Deputy Under Secretary of Defense (Acquisition Reform) and the Office of
the Under Secretary of Defense (Acquisition and Technology).
DOD 5000.2-R
Mandatory Procedures for Major Defense Acquisition Programs and
Major Automated Information Systems.
DODD 4100.15
Commercial Activities Program.
DODD 4700.4
Natural Resources Management Program, Integrated Natural Resources
Management Plan (INRMP), Integrated Cultural Resources Management Plan
(ICRMP).
DODD 6050.7
Environmental Effects Abroad of Major Department of Defense Actions.
[[Page 116]]
DODI 4715.9
Environmental Planning and Analysis
Executive Order 11988
Floodplain Management, 3 CFR, 1977 Comp., p. 117
Executive Order 11990
Protection of Wetlands, 3 CFR, 1977 Comp., p. 121.
Executive Order 12114
Environmental Effects Abroad of Major Federal Actions, 3 CFR, 1979
comp., p. 356.
Executive Order 12778
Civil Justice Reform, 3 CFR, 1991 Comp., p. 359.
Executive Order 12856
Federal Compliance with Right-to-Know Laws and Pollution Prevention
Requirements, 3 CFR, 1993 Comp., p. 616.
Executive Order 12861
Elimination of One-Half of Executive Branch Internal Regulations, 3
CFR, 1993 Comp., p. 630.
Executive Order 12866
Regulatory Planning and Review, 3 CFR, 1993 Comp., p. 638.
Executive Order 12898
Federal Actions to Address Environmental Justice in Minority and
Low-Income Populations, 3 CFR, 1994 Comp., p. 859.
Executive Order 13007
Indian Sacred Sites, 3 CFR, 1996 Comp., p. 196.
Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks, 3 CFR, 1997 Comp., p. 198.
Executive Order 13061
Federal Support of Community Efforts Along American Heritage Rivers,
3 CFR, 1997 Comp., p. 221.
Executive Order 13083
Federalism, 3 CFR, 1998 Comp., p. 146.
Public Laws: American Indian Religious Freedom Act.
42 U.S.C. 1996.
Clean Air Act
As amended (42 U.S.C. 7401, et seq.).
Clean Water Act of 1977
Public Law 95-217, 91 Stat. 1566 and Public Law 96-148, Sec. 1(a)-
(c), 93 Stat. 1088.
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980.
As amended (CERCLA, Superfund) (42 U.S.C. 9601 et seq.) Endangered
Species Act of 1973.
Public Law 93-205, 87 Stat. 884.
Fish and Wildlife Coordination Act
Public Law 85-624, Sec. 2, 72 Stat. 563 and Public Law 89-72, Sec.
6(b), 79 Stat. 216.
National Environmental Policy Act of 1969
Public Law 91-190, 83 Stat. 852.
National Historic Preservation Act
Public Law 89-665, 80 Stat. 915.
Native American Graves Protection and Repatriation Act
Public Law 101-601, 104 Stat. 3048.
Pollution Prevention Act of 1990
Public Law 101-508, Title VI, Subtitle G, 104 Stat. 13880-321.
Resource Conservation and Recovery Act of 1976
Public Law 94-580, 90 Stat. 2795.
Sikes Act
Public Law 86-797, 74 Stat. 1052.
Note. The following CFRs may be found in your legal office or law
library. Copies may be purchased from the Superintendent of Documents,
Government Printing Office, Washington, DC 20401.
36 CFR Part 800
Advisory Council on Historic Preservation.
40 CFR Parts 1500-1508
Council on Environmental Quality.
Section III--Prescribed Forms
This section contains no entries.
Section IV--Referenced Forms
DA Form 2028
Recommended Changes to Publications and Blank Forms.
DD Form 1391
Military Construction Project Data.
[[Page 117]]
Sec. Appendix B to Part 651--Categorical Exclusions
Section I--Screening Criteria
Before any CXs can be used, Screening Criteria as referenced in
Sec. 651.29 must be met.
Section II--List of CXs
(a) For convenience only, the CXs are grouped under common types of
activities (for example, administration/ operation, construction/
demolition, and repair and maintenance). Certain CXs require a REC,
which will be completed and signed by the proponent. Concurrence on the
use of a CX is required from the appropriate environmental officer (EO),
and that signature is required on the REC. The list of CXs is subject to
continual review and modification. Requests for additions or changes to
the CXs (along with justification) should be sent, through channels, to
the ASA (I&E). Subordinate Army headquarters may not modify the CX list
through supplements to this part. Proposed modifications to the list of
CXs will be published in the FR by HQDA, to provide opportunity for
public comment.
(b) Administration/operation activities:
(1) Routine law and order activities performed by military/military
police and physical plant protection and security personnel, and
civilian natural resources and environmental law officers.
(2) Emergency or disaster assistance provided to federal, state, or
local entities (REC required).
(3) Preparation of regulations, procedures, manuals, and other
guidance documents that implement, without substantive change, the
applicable HQDA or other federal agency regulations, procedures,
manuals, and other guidance documents that have been environmentally
evaluated (subject to previous NEPA review).
(4) Proposed activities and operations to be conducted in an
existing non-historic structure which are within the scope and
compatibility of the present functional use of the building, will not
result in a substantial increase in waste discharged to the environment,
will not result in substantially different waste discharges from current
or previous activities, and emissions will remain within established
permit limits, if any (REC required).
(5) Normal personnel, fiscal, and administrative activities
involving military and civilian personnel (recruiting, processing,
paying, and records keeping).
(6) Routinely conducted recreation and welfare activities not
involving off-road recreational vehicles.
(7) Deployment of military units on a temporary duty (TDY) or
training basis where existing facilities are used for their intended
purposes consistent with the scope and size of existing mission.
(8) Preparation of administrative or personnel-related studies,
reports, or investigations.
(9) Approval of asbestos or lead-based paint management plans
drafted in accordance with applicable laws and regulations (REC
required).
(10) Non-construction activities in support of other agencies/
organizations involving community participation projects and law
enforcement activities.
(11) Ceremonies, funerals, and concerts. This includes events such
as state funerals, to include flyovers.
(12) Reductions and realignments of civilian and/or military
personnel that: fall below the thresholds for reportable actions as
prescribed by statute (10 U.S.C. 2687) and do not involve related
activities such as construction, renovation, or demolition activities
that would otherwise require an EA or an EIS to implement (REC
required). This includes reorganizations and reassignments with no
changes in force structure, unit redesignations, and routine
administrative reorganizations and consolidations (REC required).
(13) Actions affecting Army property that fall under another federal
agency's list of categorical exclusions when the other federal agency is
the lead agency (decision maker), or joint actions on another federal
agency's property that fall under that agency's list of categorical
exclusions (REC required).
(14) Relocation of personnel into existing federally-owned (or
state-owned in the case of ARNG) or commercially-leased space, which
does not involve a substantial change in the supporting infrastructure
(for example, an increase in vehicular traffic beyond the capacity of
the supporting road network to accommodate such an increase is an
example of substantial change) (REC required).
(c) Construction and demolition:
(1) Construction of an addition to an existing structure or new
construction on a previously undisturbed site if the area to be
disturbed has no more than 5.0 cumulative acres of new surface
disturbance. This does not include construction of facilities for the
transportation, distribution, use, storage, treatment, and disposal of
solid waste, medical waste, and hazardous waste (REC required).
(2) Demolition of non-historic buildings, structures, or other
improvements and disposal of debris therefrom, or removal of a part
thereof for disposal, in accordance with applicable regulations,
including those regulations applying to removal of asbestos,
polychlorinated biphenyls (PCBs), lead-based paint, and other special
hazard items (REC required).
[[Page 118]]
(3) Road or trail construction and repair on existing rights-of-ways
or on previously disturbed areas.
(d) Cultural and natural resource management activities:
(1) Land regeneration activities using only native trees and
vegetation, including site preparation. This does not include forestry
operations (REC required).
(2) Routine maintenance of streams and ditches or other rainwater
conveyance structures (in accordance with USACE permit authority under
Section 404 of the Clean Water Act and applicable state and local
permits), and erosion control and stormwater control structures (REC
required).
(3) Implementation of hunting and fishing policies or regulations
that are consistent with state and local regulations.
(4) Studies, data collection, monitoring and information gathering
that do not involve major surface disturbance. Examples include
topographic surveys, bird counts, wetland mapping, and other resources
inventories (REC required).
(5) Maintenance of archaeological, historical, and endangered/
threatened species avoidance markers, fencing, and signs.
(e) Procurement and contract activities:
(1) Routine procurement of goods and services (complying with
applicable procedures for sustainable or ``green'' procurement) to
support operations and infrastructure, including routine utility
services and contracts.
(2) Acquisition, installation, and operation of utility and
communication systems, mobile antennas, data processing cable and
similar electronic equipment that use existing right-of-way, easement,
distribution systems, and/or facilities (REC required).
(3) Conversion of commercial activities under the provisions of AR
5-20. This includes only those actions that do not change the actions or
the missions of the organization or alter the existing land-use
patterns.
(4) Modification, product improvement, or configuration engineering
design change to materiel, structure, or item that does not change the
original impact of the materiel, structure, or item on the environment
(REC required).
(5) Procurement, testing, use, and/or conversion of a commercially
available product (for example, forklift, generator, chain saw, etc.)
which does not meet the definition of a weapon system (Title 10, U.S.C.,
Section 2403. ``Major weapon systems: Contractor guarantees''), and does
not result in any unusual disposal requirements.
(6) Acquisition or contracting for spares and spare parts,
consistent with the approved Technical Data Package (TDP).
(7) Modification and adaptation of commercially available items and
products for military application (for example, sportsman's products and
wear such as holsters, shotguns, sidearms, protective shields, etc.), as
long as modifications do not alter the normal impact to the environment
(REC required).
(8) Adaptation of non-lethal munitions and restraints from law
enforcement suppliers and industry (such as rubber bullets, stun
grenades, smoke bombs, etc.) for military police and crowd control
activities where there is no change from the original product design and
there are no unusual disposal requirements. The development and use by
the military of non-lethal munitions and restraints which are similar to
those used by local police forces and in which there are no unusual
disposal requirements (REC required).
(f) Real estate activities:
(1) Grants or acquisitions of leases, licenses, easements, and
permits for use of real property or facilities in which there is no
significant change in land or facility use. Examples include, but are
not limited to, Army controlled property and Army leases of civilian
property to include leases of training, administrative, general use,
special purpose, or warehouse space (REC required).
(2) Disposal of excess easement areas to the underlying fee owner
(REC required).
(3) Transfer of real property administrative control within the
Army, to another military department, or to other federal agency,
including the return of public domain lands to the Department of
Interior, and reporting of property as excess and surplus to the GSA for
disposal (REC required).
(4) Transfer of active installation utilities to a commercial or
governmental utility provider, except for those systems on property that
has been declared excess and proposed for disposal (REC required).
(5) Acquisition of real property (including facilities) where the
land use will not change substantially or where the land acquired will
not exceed 40 acres and the use will be similar to current or ongoing
Army activities on adjacent land (REC required).
(6) Disposal of real property (including facilities) by the Army
where the reasonably foreseeable use will not change significantly (REC
required).
(g) Repair and maintenance activities:
(1) Routine repair and maintenance of buildings, airfields, grounds,
equipment, and other facilities. Examples include, but are not limited
to: Removal and disposal of asbestos-containing material (for example,
roof material and floor tile) or lead-based paint in accordance with
applicable regulations; removal of dead, diseased, or damaged trees; and
repair of roofs, doors, windows, or fixtures (REC required for removal
and disposal of asbestos-containing material and lead-based paint or
work on historic structures).
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(2) Routine repairs and maintenance of roads, trails, and
firebreaks. Examples include, but are not limited to: grading and
clearing the roadside of brush with or without the use of herbicides;
resurfacing a road to its original conditions; pruning vegetation,
removal of dead, diseased, or damaged trees and cleaning culverts; and
minor soil stabilization activities.
(3) Routine repair and maintenance of equipment and vehicles (for
example, autos, tractors, lawn equipment, military vehicles, etc.) which
is substantially the same as that routinely performed by private sector
owners and operators of similar equipment and vehicles. This does not
include depot maintenance of unique military equipment.
(h) Hazardous materials/hazardous waste management and operations:
(1) Use of gauging devices, analytical instruments, and other
devices containing sealed radiological sources; use of industrial
radiography; use of radioactive material in medical and veterinary
practices; possession of radioactive material incident to performing
services such as installation, maintenance, leak tests, and calibration;
use of uranium as shielding material in containers or devices; and
radioactive tracers (REC required).
(2) Immediate responses in accordance with emergency response plans
(for example, Spill Prevention Control and Countermeasure Plan (SPCCP)/
Installation Spill Contingency Plan (ISCP), and Chemical Accident and
Incident Response Plan) for release or discharge of oil or hazardous
materials/substances; or emergency actions taken by Explosive Ordnance
Demolition (EOD) detachment or Technical Escort Unit.
(3) Sampling, surveying, well drilling and installation, analytical
testing, site preparation, and intrusive testing to determine if
hazardous wastes, contaminants, pollutants, or special hazards (for
example, asbestos, PCBs, lead-based paint, or unexploded ordnance) are
present (REC required).
(4) Routine management, to include transportation, distribution,
use, storage, treatment, and disposal of solid waste, medical waste,
radiological and special hazards (for example, asbestos, PCBs, lead-
based paint, or unexploded ordnance), and/or hazardous waste that
complies with EPA, Army, or other regulatory agency requirements. This
CX is not applicable to new construction of facilities for such
management purposes.
(5) Research, testing, and operations conducted at existing enclosed
facilities consistent with previously established safety levels and in
compliance with applicable federal, state, and local standards. For
facilities without existing NEPA analysis, including contractor-operated
facilities, if the operation will substantially increase the extent of
potential environmental impacts or is controversial, an EA (and possibly
an EIS) is required.
(6) Reutilization, marketing, distribution, donation, and resale of
items, equipment, or materiel; normal transfer of items to the Defense
Logistics Agency. Items, equipment, or materiel that have been
contaminated with hazardous materials or wastes will be adequately
cleaned and will conform to the applicable regulatory agency's
requirements.
(i) Training and testing:
(1) Simulated war games (classroom setting) and on-post tactical and
logistical exercises involving units of battalion size or smaller, and
where tracked vehicles will not be used (REC required to demonstrate
coordination with installation range control and environmental office).
(2) Training entirely of an administrative or classroom nature.
(3) Intermittent on-post training activities (or off-post training
covered by an ARNG land use agreement) that involve no live fire or
vehicles off established roads or trails. Uses include, but are not
limited to, land navigation, physical training, Federal Aviation
Administration (FAA) approved aerial overflights, and small unit level
training.
(j) Aircraft and airfield activities:
(1) Infrequent, temporary (less than 30 days) increases in air
operations up to 50 percent of the typical installation aircraft
operation rate (REC required).
(2) Flying activities in compliance with Federal Aviation
Administration Regulations and in accordance with normal flight patterns
and elevations for that facility, where the flight patterns/elevations
have been addressed in an installation master plan or other planning
document that has been subject to NEPA public review.
(3) Installation, repair, or upgrade of airfield equipment (for
example, runway visual range equipment, visual approach slope
indicators).
(4) Army participation in established air shows sponsored or
conducted by non-Army entities on other than Army property.
Sec. Appendix C to Part 651--Mitigation and Monitoring
(a) The CEQ regulations (40 CFR parts 1500-1508) recognize the
following five means of mitigating an environmental impact. These five
approaches to mitigation are presented in order of desirability.
(1) Avoiding the impact altogether by not taking a certain action or
parts of an action. This method avoids environmental impact by
eliminating certain activities in certain areas. As an example, the
Army's Integrated Training Area Management (ITAM) program accounts for
training requirements and activities while considering natural and
cultural resource conditions on ranges and training land. This program
allows informed
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management decisions associated with the use of these lands, and has
mitigated potential impacts by limiting activities to areas that are
compatible with Army training needs. Sensitive habitats and other
resources are thus protected, while the mission requirements are still
met.
(2) Minimizing impacts by limiting the degree or magnitude of the
action and its implementation. Limiting the degree or magnitude of the
action can reduce the extent of an impact. For example, changing the
firing time or the number of rounds fired on artillery ranges will
reduce the noise impact on nearby residents. Using the previous ITAM
example, the conditions of ranges can be monitored, and, when the
conditions on the land warrant, the intensity or magnitude of the
training on that parcel can be modified through a variety of decisions.
(3) Rectifying the impact by repairing, rehabilitating, or restoring
the effect on the environment. This method restores the environment to
its previous condition or better. Movement of troops and vehicles across
vegetated areas often destroys vegetation. Either reseeding or
replanting the areas with native plants after the exercise can mitigate
this impact.
(4) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action. This method
designs the action so as to reduce adverse environmental effects.
Examples include maintaining erosion control structures, using air
pollution control devices, and encouraging car pools in order to reduce
transportation effects such as air pollution, energy consumption, and
traffic congestion.
(5) Compensating for the impact by replacing or providing substitute
resources or environments (40 CFR 1508.20). This method replaces the
resource or environment that will be impacted by the action. Replacement
can occur in-kind or otherwise; for example, deer habitat in the project
area can be replaced with deer habitat in another area; an in-kind
replacement at a different location. This replacement can occur either
on the impact site or at another location. This type of mitigation is
often used in water resources projects.
(b) The identification and evaluation of mitigations involves the
use of experts familiar with the predicted environmental impacts. Many
potential sources of information are available for assistance. These
include sources within the Army such as the USACHPPM, the USAEC, the
MACOM environmental office, the ODEP, COE research laboratories, COE
districts and divisions, and DoD Regional Support Centers. State
agencies are another potential source of information, and the
appropriate POC within these agencies may be obtained from the
installation environmental office. Local interest groups may also be
able to help identify potential mitigation measures. Other suggested
sources of assistance include:
(1) Aesthetics:
(i) Installation Landscape Architect.
(ii) COE District Landscape Architects.
(2) Air Quality:
(i) Installation Environmental Specialist.
(ii) Installation Preventive Medicine Officer.
(3) Airspace:
(i) Installation Air Traffic and Airspace Officers.
(ii) DA Regional Representative to the FAA.
(iii) DA Aeronautical Services.
(iv) Military Airspace Management System Office.
(v) Installation Range Control Officer.
(4) Earth Science:
(i) Installation Environmental Specialist.
(ii) USACE District Geotechnical Staff.
(5) Ecology:
(i) Installation Environmental Specialist.
(ii) Installation Wildlife Officer.
(iii) Installation Forester.
(iv) Installation Natural Resource Committee.
(v) USACE District Environmental Staff.
(6) Energy/Resource Conservation: Installation Environmental
Specialist.
(7) Health and Safety:
(i) Installation Preventive Medicine Officer.
(ii) Installation Safety Officer.
(iii) Installation Hospital.
(iv) Installation Mental Hygiene or Psychiatry Officer.
(v) Chaplain's Office.
(8) Historic/Archaeological Resources:
(i) Installation Environmental Specialist.
(ii) Installation Historian or Architect.
(iii) USACE District Archaeologist.
(9) Land Use Impacts: (i) Installation Master Planner.
(ii) USACE District Community Planners.
(10) Socioeconomics:
(i) Personnel Office.
(ii) Public Information Officer.
(iii) USACE District Economic Planning Staff.
(11) Water Quality:
(i) Installation Environmental Specialist.
(ii) Installation Preventive Medicine Officer.
(iii) USACE District Environmental Staff.
(12) Noise:
(i) Preventive Medicine Officer.
(ii) Directorate of Public Works.
(iii) Installation Master Planner.
(13) Training Impacts:
Installation Director of Plans, Training, and Mobilization
(c) Several different mitigation techniques have been used on
military installations for a number of years. The following examples
illustrate the variety of possible measures:
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(1) There are maneuver restrictions in areas used extensively for
tracked vehicle training. These restrictions are not designed to
infringe on the military mission, but rather to reduce the amount of
damage to the training area.
(2) Aerial seeding has been done on some installations to reduce
erosion problems.
(3) Changing the time and/or frequency of operations has been used.
This may involve changing the season of the year, the time of day, or
even day of the week for various activities. These changes avoid noise
impacts as well as aesthetic, transportation, and some ecological
problems.
(4) Reducing the effects of construction has involved using
techniques that keep heavy equipment away from protected trees and
quickly re-seeding areas after construction.
(d) Monitoring and enforcement programs are applicable (40 CFR
1505.2(c)) and the specific adopted action is an important case (40 CFR
1505.3) if:
(1) There is a change in environmental conditions or project
activities that were assumed in the EIS, such that original predictions
of the extent of adverse environmental impacts may be too limited.
(2) The outcome of the mitigation measure is uncertain, such as in
the case of the application of new technology.
(3) Major environmental controversy remains associated with the
selected alternative.
(4) Failure of a mitigation measure, or other unforeseen
circumstances, could result in serious harm to federal-or state-listed
endangered or threatened species; important historic or archaeological
sites that are either on, or meet eligibility requirements for
nomination to the National Register of Historic Places; wilderness
areas, wild and scenic rivers, or other public or private protected
resources. Evaluation and determination of what constitutes serious harm
must be made in coordination with the appropriate federal, state, or
local agency responsible for each particular program.
(e) Five basic considerations affect the establishment of monitoring
programs:
(1) Legal requirements. Permits for some actions will require that a
monitoring system be established (for example, dredge and fill permits
from the USACE). These permits will generally require both enforcement
and effectiveness monitoring programs.
(2) Protected resources. These include federal-or state-listed
endangered or threatened species, important historic or archaeological
sites (whether or not these are listed or eligible for listing on the
National Register of Historic Places), wilderness areas, wild and scenic
rivers, and other public or private protected resources. Private
protected resources include areas such as Audubon Society Refuges,
Nature Conservancy lands, or any other land that would be protected by
law if it were under government ownership, but is privately owned. If
any of these resources are affected, an effectiveness and enforcement-
monitoring program must be undertaken in conjunction with the federal,
state, or local agency that manages the type of resource.
(3) Major environmental controversy. If a controversy remains
regarding the effect of an action or the effectiveness of a mitigation,
an enforcement and effectiveness monitoring program must be undertaken.
Controversy includes not only scientific disagreement about the
mitigation's effectiveness, but also public interest or debate.
(4) Mitigation outcome. The probability of the mitigation's success
must be carefully considered. The proponent must know if the mitigation
has been successful elsewhere. The validity of the outcome should be
confirmed by expert opinion. However, the proponent should note that a
certain technique, such as artificial seeding with the natural
vegetation, which may have worked successfully in one area, may not work
in another.
(5) Changed conditions. The final consideration is whether any
condition, such as the environmental setting, has changed (for example,
a change in local land use around the area, or a change in project
activities, such as increased amount of acreage being used or an
increased movement of troops). Such changes will require preparation of
a supplemental document (see Sec. Sec. 651.5(g) and 651.24) and
additional monitoring. If none of these conditions are met (that is,
requirement by law, protected resources, no major controversy is
involved, effectiveness of the mitigation is known, and the
environmental or project conditions have not changed), then only an
enforcement monitoring program is needed. Otherwise, both an enforcement
and effectiveness monitoring program will be required.
(f) Enforcement monitoring program. The development of an
enforcement monitoring program is governed by who will actually perform
the mitigation; a contractor, a cooperating agency, or an in-house
(Army) lead agency. The lead agency is ultimately responsible for
performing any mitigation activities.
(1) Contract performance. Several provisions must be made in work to
be performed by contract. The lead agency must ensure that contract
provisions include the performance of the mitigation activity and that
penalty clauses are written into the contracts. It must provide for
timely inspection of the mitigation measures and is responsible for
enforcing all contract provision.
(2) Cooperating agency performance. The lead agency must ensure
that, if a cooperating agency performs the work, it understands its role
in the mitigation. The lead agency must determine and agree upon how the
mitigation measures will be funded. It must also
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ensure that any necessary formal paperwork such as cooperating
agreements is complete.
(3) Lead agency performance. If the lead agency performs the
mitigation, the proponent must ensure that needed tasks are performed,
provide appropriate funding in the project budget, arrange for necessary
manpower allocations, and make any necessary changes in the agency
(installation) regulations (such as environmental or range regulations).
(g) Effectiveness monitoring. Effectiveness monitoring is often
difficult to establish. The first step is to determine what must be
monitored, based on criteria discussed during the establishment of the
system; for example, the legal requirements, protected resources, area
of controversy, known effectiveness, or changed conditions. Initially,
this can be a very broad statement, such as reduction of impacts on a
particular stream by a combination of replanting, erosion control
devices, and range regulations. The next step is finding the expertise
necessary to establish the monitoring system. The expertise may be
available on-post or may be obtained from an outside source. After a
source of expertise is located, the program can be established using the
following criteria:
(1) Any technical parameters used must be measurable; for example,
the monitoring program must be quantitative and statistically sound.
(2) A baseline study must be completed before the monitoring begins
in order to identify the actual state of the system prior to any
disturbance.
(3) The monitoring system must have a control, so that it can
isolate the effects of the mitigation procedures from effects
originating outside the action.
(4) The system's parameters and means of measuring them must be
replicable.
(5) Parameter results must be available in a timely manner so that
the decision maker can take any necessary corrective action before the
effects are irreversible.
(6) Not every mitigation has to be monitored separately. The
effectiveness of several mitigation actions can be determined by one
measurable parameter. For example, the turbidity measurement from a
stream can include the combined effectiveness of mitigation actions such
as reseeding, maneuver restrictions, and erosion control devices.
However, if a method combines several parameters and a critical change
is noted, each mitigation measurement must be examined to determine the
problem.
Sec. Appendix D to Part 651--Public Participation Plan
The objective of the plan will be to encourage the full and open
discussion of issues related to Army actions. Some NEPA actions will be
very limited in scope, and may not require full public participation and
involvement. Other NEPA actions will obviously be of interest, not only
to the local community, but to others across the country as well.
(a) To accomplish this objective, the plan will require:
(1) Dissemination of information to local and installation
communities through such means as news releases to local media,
announcements to local citizens groups, and Commander's letters. Such
information may be subject to Freedom of Information Act and operations
security review.
(2) The invitation of public comments through two-way communication
channels that will be kept open through various means.
(3) The use of fully informed public affairs officers at all levels.
(4) Preparation of EAs which incorporate public involvement
processes whenever appropriate (40 CFR 1506.6).
(5) Consultation of persons and agencies such as:
(i) Municipal, township, and county elected and appointed officials.
(ii) Tribal, state, county, and local government officials and
administrative personnel whose official duties include responsibility
for activities or components of the affected environment related to the
proposed Army action.
(iii) Local and regional administrators of other federal agencies or
commissions that may either control resources potentially affected by
the proposed action (for example, the U.S. Fish and Wildlife Service) or
who may be aware of other actions by different federal agencies whose
effects must be considered with the proposed Army action (for example,
the GSA).
(iv) Members of identifiable population segments within the
potentially affected environments, whether or not they have clearly
identifiable leaders or an established organization such as farmers and
ranchers, homeowners, small business owners, and Native Americans.
(v) Members and officials of those identifiable interest groups of
local or national scope that may have an interest in the environmental
effects of the proposed action or activity (for example, hunters and
fishermen, Isaak Walton League, Sierra Club, and the Audubon Society).
(vi) Any person or group that has specifically requested involvement
in the specific action or similar actions.
(b) Public involvement should be solicited using the following
processes and procedures:
(1) Direct individual contact. Such limited contact may suffice for
all required public involvement, when the expected environmental effect
is of a very limited scope. This contact should identify:
(i) Persons expected to express an opinion and later participate.
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(ii) Preliminary positions of such persons on the scope of issues
that the analysis must address.
(2) Small workshops or discussion groups.
(3) Larger public gatherings that are held after some formulation of
the potential issues, inviting the public to express views on the
proposed courses of action. Public suggestions or additional alternative
courses of action may be expressed at these gatherings which need not be
formal public hearings.
(4) Any other processes and procedures to accomplish the appropriate
level of public involvement.
(c) Scoping Guidance. All affected parties must be included in the
scoping process (AR 360-5). The plan must include the following:
(1) Information disseminated to local and installation communities
through such means as news releases to local media, announcements to
local citizens groups, and Commander's letters at each phase or
milestone (more frequently if needed) of the project. Such information
may be subject to Freedom of Information Act and operations security
review.
(2) Each phase or milestone (more frequently if needed) of the
project will be coordinated with representatives of local, state, and
federal government agencies.
(3) Public comments will be invited and two-way communication
channels will be kept open through various means as stated above.
(4) Public affairs officers at all levels will be kept informed.
(5) When an EIS is being prepared, public involvement is a requisite
element of the scoping process (40 CFR 1501.7(a)(1)).
(6) Preparation of EAs will incorporate public involvement processes
whenever appropriate (40 CFR 1506.6).
(7) Persons and agencies to be consulted include the following:
(i) Municipal, township, and county elected and appointed officials.
(ii) Tribal, state, county, and local government officials and
administrative personnel whose official duties include responsibility
for activities or components of the affected environment related to the
proposed Army action.
(iii) Local and regional administrators of other federal agencies or
commissions that may either control resources potentially affected by
the proposed action (for example, the U.S. Fish and Wildlife Service);
or who may be aware of other actions by different federal agencies whose
effects must be considered with the proposed Army action, (for example,
the GSA).
(iv) Members of identifiable population segments within the
potentially affected environments, whether or not they have clearly
identifiable leaders or an established organization such as farmers and
ranchers, homeowners, small business owners, and Indian tribes.
(v) Members and officials of those identifiable interest groups of
local or national scope that may have interest in the environmental
effects of the proposed action or activity (for example, hunters and
fishermen, Isaak Walton League, Sierra Club, and the Audubon Society).
(vi) Any person or group that has specifically requested involvement
in the specific action or similar actions.
(8) The public involvement processes and procedures by which
participation may be solicited include the following:
(i) The direct individual contact process identifies persons
expected to express an opinion and participate in later public meetings.
Direct contact may also identify the preliminary positions of such
persons on the scope of issues that the EIS will address. Such limited
contact may suffice for all required public involvement, when the
expected environmental effect is of very limited scope.
(ii) Small workshops or discussion groups.
(iii) Larger public gatherings that are held after some formulation
of the potential issues. The public is invited to express its views on
the proposed courses of action. Public suggestions or alternative
courses of action not already identified may be expressed at these
gatherings that need not be formal public hearings.
(iv) Identifying and applying other processes and procedures to
accomplish the appropriate level of public involvement.
(9) The meetings described above should not be public hearings in
the early stages of evaluating a proposed action. Public hearings do not
substitute for the full range of public involvement procedures under the
purposes and intent of (a) of this appendix.
(10) Public surveys or polls to identify public opinion of a
proposed action will be performed (AR 335-15, chapter 10).
(d) Preparing the Notice of Intent. In preparing the NOI, the
proponent will:
(1) In the NOI, identify the significant issues to be analyzed in
the EIS.
(2) In the NOI, identify the office or person responsible for
matters related to the scoping process. If they are not the same as the
proponent of the action, make that distinction.
(3) Identify the lead and cooperating agency, if already determined
(40 CFR 1501.5 and 1501.6).
(4) Identify the method by which the agency will invite
participation of affected parties; and identify a tentative list of the
affected parties to be notified.
(5) Identify the proposed method for accomplishing the scoping
procedure.
(6) Indicate the relationship between the timing of the preparation
of environmental
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analyses and the tentative planning and decision-making schedule
including:
(i) The scoping process itself.
(ii) Collecting or analyzing environmental data, including studies
required of cooperating agencies.
(iii) Preparation of DEISs and FEISs.
(iv) Filing of the ROD.
(v) Taking the action.
(7) For a programmatic EIS, preparing a general expected schedule
for future specific implementing actions that will involve separate
environmental analysis.
(8) If applicable, in the NOI, identify the extent to which the EIS
preparation process is exempt from any of the normal procedural
requirements of this part, including scoping.
Sec. Appendix E to Part 651--Content of the Environmental Impact
Statement
(a) EISs will:
(1) Be analytic rather than encyclopedic. Impacts will be discussed
in proportion to their significance; and insignificant impacts will only
be briefly discussed, sufficient to show why more analysis is not
warranted.
(2) Be kept concise and no longer than absolutely necessary to
comply with NEPA, CEQ regulations, and this part. Length should be
determined by potential environmental issues, not project size. The EIS
should be no longer than 300 pages.
(3) Describe the criteria for selecting alternatives, and discuss
those alternatives, including the ``no action'' alternative, to be
considered by the ultimate decision maker.
(4) Serve as a means to assess environmental impacts of proposed
military actions, rather than justifying decisions.
(b) The EIS will consist of the following:
(1) Cover sheet. The cover sheet will not exceed one page (40 CFR
1502.11) and will be accompanied by a signature page for the proponent,
designated as preparer; the installation environmental office (or other
source of NEPA expertise), designated as reviewer; and the Installation
Commander (or other Activity Commander), designated as approver. It will
include:
(i) The following statement: ``The material contained in the
attached (final or draft) EIS is for internal coordination use only and
may not be released to non-Department of Defense agencies or individuals
until coordination has been completed and the material has been cleared
for public release by appropriate authority.'' This sheet will be
removed prior to filing the document with the EPA.
(ii) A list of responsible agencies including the lead agency and
any cooperating agency.
(iii) The title of the proposed action that is the subject of the
statement and, if appropriate, the titles of related cooperating agency
actions, together with state and county (or other jurisdiction as
applicable) where the action is located.
(iv) The name, address, and telephone number of the person at the
agency who can supply further information, and, as appropriate, the name
and title of the major approval authority in the command channel through
HQDA staff proponent.
(v) A designation of the statement as a draft, final, or draft or
final supplement.
(vi) A one-paragraph abstract of the statement that describes only
the need for the proposed action, alternative actions, and the
significant environmental consequences of the proposed action and
alternatives.
(vii) The date by which comments must be received, computed in
cooperation with the EPA.
(2) Summary. The summary will stress the major conclusions of
environmental analysis, areas of controversy, and issues yet to be
resolved. The summary presentation will focus on the scope of the EIS,
including issues that will not be evaluated in detail. It should list
all federal permits, licenses, and other entitlements that must be
obtained prior to proposal implementation. Further, a statement of
compliance with the requirements of other federal environmental
protection laws will be included (40 CFR 1502.25). To simplify
consideration of complex relationships, every effort will be made to
present the summary of alternatives and their impacts in a graphic
format with the narrative. The EIS summary should be written at the
standard middle school reading level. This summary should not exceed 15
pages. An additional summary document will be prepared for separate
submission to the DEP and the ASA(I&E). This will identify progress ``to
the date,'' in addition to the standard EIS summary which:
(i) Summarizes the content of the document (from an oversight
perspective).
(ii) Outlines mitigation requirements (to improve mitigation
tracking and the programming of funds).
(iii) Identifies major and unresolved issues and potential
controversies. For EIS actions that have been delegated by the ASA(I&E),
this document will also include status of requirements and conditions
established by the delegation letter.
(3) Table of contents. This section will provide for the table of
contents, list of figures and tables, and a list of all referenced
documents, including a bibliography of references within the body of the
EIS. The table of contents should have enough detail so that searching
for sections of text is not difficult.
(4) Purpose of and need for the action. This section should clearly
state the nature of the problem and discuss how the proposed action or
range of alternatives would solve the problem. This section will briefly
give the relevant background information on the proposed action and
summarize its operational,
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social, economic, and environmental objectives. This section is designed
specifically to call attention to the benefits of the proposed action.
If a cost-benefit analysis has been prepared for the proposed action, it
may be included here, or attached as an appendix and referenced here.
(5) Alternatives considered, including proposed action and no action
alternative. This section presents all reasonable alternatives and their
likely environmental impacts, written in simple, nontechnical language
for the lay reader. A no action alternative must be included (40 CFR
1502.14(d)). A preferred alternative need not be identified in the DEIS;
although a preferred alternative generally must be included in the FEIS
(40 CFR 1502.14(e)). The environmental impacts of the alternatives
should be presented in comparative form, thus sharply defining the
issues and providing a clear basis for choice among the options that are
provided the decision maker and the public (40 CFR 1502.14). The
information should be summarized in a brief, concise manner. The use of
graphics and tabular or matrix format is encouraged to provide the
reviewer with an at-a-glance review. In summary, the following points
are required:
(i) A description of all reasonable alternatives, including the
preferred action, alternatives beyond DA jurisdiction (40 CFR
1502.14(c)), and the no action alternative.
(ii) A comparative presentation of the environmental consequences of
all reasonable alternative actions, including the preferred alternative.
(iii) A description of the mitigation measures and/or monitoring
procedures (Sec. 651.15) nominated for incorporation into the proposed
action and alternatives, as well as mitigation measures that are
available but not incorporated and/or monitoring procedures (Sec.
651.15).
(iv) Listing of any alternatives that were eliminated from detailed
study. A brief discussion of the reasons for which each alternative was
eliminated.
(6) Affected environment (baseline conditions) that may be impacted.
This section will contain information about existing conditions in the
affected areas in sufficient detail to understand the potential effects
of the alternatives under consideration (40 CFR 1502.15). Affected
elements could include, for example, biophysical characteristics
(ecology and water quality); land use and land use plans; architectural,
historical, and cultural amenities; utilities and services; and
transportation. This section will not be encyclopedic. It will be
written clearly and the degree of detail for points covered will be
related to the significance and magnitude of expected impacts. Elements
not impacted by any of the alternatives need only be presented in
summary form, or referenced.
(7) Environmental and socioeconomic consequences. This section forms
the scientific and analytic basis for the comparison of impacts. It
should discuss:
(i) Direct effects and their significance.
(ii) Indirect effects and their significance.
(iii) Possible conflicts between the proposed action and existing
land use plans, policies, and controls.
(iv) Environmental effects of the alternatives, including the
proposed action and the no action alternative.
(v) Energy requirements and conservation potential of various
alternatives and mitigation measures.
(vi) Irreversible and irretrievable commitments of resources
associated with the proposed action.
(vii) Relationship between short-term use of the environment and
maintenance and enhancement of long-term productivity.
(viii) Urban quality, historic, and cultural resources, and design
of the built environment, including the reuse and conservation potential
of various alternatives and mitigation measures.
(ix) Cumulative effects of the proposed action in light of other
past, present, and foreseeable actions.
(x) Means to mitigate or monitor adverse environmental impacts.
(xi) Any probable adverse environmental effects that cannot be
avoided.
(8) List of preparers. The EIS will list the names of its preparers,
together with their qualifications (expertise, experience, and
professional disciplines) (40 CFR 1502.17), including those people who
were primarily responsible for preparing (research, data collection, and
writing) the EIS or significant background or support papers, and basic
components of the statement. When possible, the people who are
responsible for a particular analysis, as well as an analysis of
background papers, will be identified. If some or all of the preparers
are contractors' employees, they must be identified as such.
Identification of the firm that prepared the EIS is not, by itself,
adequate to meet the requirements of this point. Normally, this list
will not exceed two pages. Contractors will execute disclosure
statements specifying that they have no financial or other interest in
the outcome of the project. These statements will be referenced in this
section of the EIS.
(9) Distribution list. For the DEIS, a list will be prepared
indicating from whom review and comment is requested. The list will
include public agencies and private parties or organizations. The
distribution of the DEIS and FEIS will include the CBTDEVs from whom
comments were requested, irrespective of whether they provided comments.
(10) Index. The index will be an alphabetical list of topics in the
EIS, especially of the types of effects induced by the various
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alternative actions. Reference may be made to either page number or
paragraph number.
(11) Appendices (as appropriate). If an agency prepares an appendix
to an EIS, the appendix will consist of material prepared in connection
with an EIS (distinct from material not so prepared and incorporated by
reference), consist only of material that substantiates any analysis
fundamental to an impact statement, be analytic and relevant to the
decision to be made, and be circulated with the EIS or readily
available.
Sec. Appendix F to Part 651--Glossary
Section I--Abbreviations
AAE
Army Acquisition Executive.
AAPPSO
Army Acquisition Pollution Prevention Support Office.
ACAT
Acquisition Category.
ACSIM
Assistant Chief of Staff for Installation Management.
ADNL
A-weighted day-night levels.
AQCR
Air Quality Control Region.
AR
Army Regulation.
ARNG
Army National Guard.
ARSTAF
Army Staff.
ASA(AL&T)
Assistant Secretary of the Army (Acquisition, Logistics, and
Technology).
ASA(FM)
Assistant Secretary of the Army for Financial Management.
ASA(I&E)
Assistant Secretary of the Army (Installations and Environment).
ASD(ISA)
Assistant Secretary of Defense (International Security Affairs).
CARD
Cost Analysis Requirements Description.
CBTDEV
Combat Developer.
CEQ
Council on Environmental Quality.
CERCLA
Comprehensive Environmental Response Compensation and Liability Act.
CDNL
C-Weighted Day-Night Levels.
CFR
Code of Federal Regulations.
CONUS
Continental United States.
CX
Categorical Exclusion.
DA
Department of the Army.
DAD
Defense Acquisition Deskbook.
DASA(ESOH)
Deputy Assistant Secretary of the Army (Environment, Safety, and
Occupational Health).
DCSLOG
Deputy Chief of Staff for Logistics.
DCSOPS
Deputy Chief of Staff for Operations and Plans.
DEIS
Draft Environmental Impact Statement.
DEP
Director of Environmental Programs.
DOD
Department of Defense.
DOPAA
Description of Proposed Action and Alternatives.
DSA
Deputy for System Acquisition.
DTIC
Defense Technical Information Center.
DTLOMS
Doctrine, Training, Leader Development, Organization, Materiel, and
Soldier.
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DUSD(IE)
Deputy Under Secretary of Defense for Installations and Environment.
EA
Environmental Assessment.
EBS
Environmental Baseline Studies.
EC
Environmental Coordinator.
ECAP
Environmental Compliance Achievement Program.
ECAS
Environmental Compliance Assessment System.
EE/CA
Engineering Evaluation/Cost Analysis.
EICS
Environmental Impact Computer System.
EIFS
Economic Impact Forecast System.
EIS
Environmental Impact Statement.
EJ
Environmental Justice.
EOD
Explosive Ordnance Demolition.
EPA
Environmental Protection Agency.
EPR
Environmental Program Requirements.
EQCC
Environmental Quality Control Committee.
ESH
Environment, Safety, and Health.
FAA
Federal Aviation Administration.
FEIS
Final Environmental Impact Statement.
FNSI
Finding of No Significant Impact.
FR
Federal Register.
FS
Feasibility Study.
FTP
Full-Time Permanent.
GC
General Counsel.
GOCO
Government-Owned, Contractor-Operated.
GSA
General Services Administration.
HQDA
Headquarters, Department of the Army.
ICRMP
Integrated Cultural Resources Management Plan.
ICT
Integrated Concept Team.
INRMP
Integrated Natural Resources Management Plan.
IPT
Integrated Process Team.
ISCP
Installation Spill Contingency Plan.
ISR
Installation Status Report.
ITAM
Integrated Training Area Management.
LCED
Life Cycle Environmental Documentation.
MACOM
Major Army Command.
MATDEV
Materiel Developer.
MDA
Milestone Decision Authority.
MFA
Materiel Fielding Agreement.
MFP
Materiel Fielding Plan.
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MILCON
Military Construction.
MNS
Mission Needs Statement.
MOA
Memorandum of Agreement.
MOU
Memorandum of Understanding.
NAGPRA
Native American Graves Protection and Repatriation Act.
NEPA
National Environmental Policy Act.
NGB
National Guard Bureau.
NHPA
National Historic Preservation Act.
NOA
Notice of Availability.
NOI
Notice of Intent.
NPR
National Performance Review.
NRC
Nuclear Regulatory Commission.
NWR
Notice of Availability of Weekly Receipts (EPA).
OASD(PA)
Office of the Assistant Secretary of Defense for Public Affairs.
OCLL
Office of the Chief of Legislative Liaison.
OCPA
Office of the Chief of Public Affairs.
ODEP
Office of the Director of Environmental Programs.
OFS
Officer Foundation Standards.
OGC
Office of General Counsel.
OIPT
Overarching Integrated Process Team.
OMA
Operations and Maintenance Army.
OMANG
Operations and Maintenance Army National Guard.
OMAR
Operations and Maintenance Army Reserve.
OOTW
Operations Other Than War.
OPSEC
Operations Security.
ORD
Operating Requirements Document.
OSD
Office of the Secretary of Defense.
OSG
Office of the Surgeon General.
PAO
Public Affairs Officer.
PCB
Polychlorinated Biphenyls.
PDEIS
Preliminary Draft Environmental Impact Statement.
PEO
Program Executive Officer.
PM
Program Manager.
POC
Point of Contact.
POL
Petroleum, Oils, and Lubricants.
PPBES
Program Planning and Budget Execution System.
RCRA
Resource Conservation and Recovery Act.
RDT&E
Research, Development, Test, and Evaluation.
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REC
Record of Environmental Consideration.
ROD
Record of Decision.
RONA
Record of Non-Applicability.
RSC
Regional Support Command.
S&T
Science and Technology.
SA
Secretary of the Army.
SARA
Superfund Amendments and Reauthorization Act.
SASO
Stability and Support Operations.
SOFA
Status of Forces Agreement.
SPCCP
Spill Prevention Control and Countermeasure Plan.
TDP
Technical Data Package.
TDY
Temporary Duty.
TEMP
Test and Evaluation Master Plan.
TJAG
The Judge Advocate General.
TOE
Table of Organization Equipment.
TRADOC
U.S. Army Training and Doctrine Command.
USACE
U.S. Army Corps of Engineers.
USACHPPM
U.S. Army Center for Health Promotion and Preventive Medicine.
USAEC
U.S. Army Environmental Center.
U.S.C.
United States Code.
Section II--Terms
Categorical Exclusion
A category of actions that do not require an EA or an EIS because
Department of the Army (DA) has determined that the actions do not have
an individual or cumulative impact on the environment.
Environmental (or National Environmental Policy Act) Analysis
This term, as used in this part, will include all documentation
necessary to coordinate and staff analyses or present the results of the
analyses to the public or decision maker.
Foreign Government
A government, regardless of recognition by the United States,
political factions, and organizations, that exercises governmental power
outside the United States.
Foreign Nations
Any geographic area (land, water, and airspace) that is under the
jurisdiction of one or more foreign governments. It also refers to any
area under military occupation by the United States alone or jointly
with any other foreign government. Includes any area that is the
responsibility of an international organization of governments; also
includes contiguous zones and fisheries zones of foreign nations.
Global Commons
Geographical areas outside the jurisdiction of any nation. They
include the oceans outside territorial limits and Antarctica. They do
not include contiguous zones and fisheries zones of foreign nations.
Headquarters, Department of the Army proponent
As the principal planner, implementer, and decision authority for a
proposed action, the HQDA proponent is responsible for the substantive
review of the environmental documentation and its thorough consideration
in the decision-making process.
Major Federal Action
Reinforces, but does not have a meaning independent of,
``significantly affecting the environment,'' and will be interpreted in
that context. A federal proposal with ``significant effects'' requires
an EIS, whether it is ``major'' or not. Conversely, a ``major federal
action'' without ``significant effects'' does not necessarily require an
EIS.
[[Page 130]]
Preparers
Personnel from a variety of disciplines who write environmental
documentation in clear and analytical prose. They are primarily
responsible for the accuracy of the document.
Proponent
Proponent identification depends on the nature and scope of a
proposed action as follows:
(1) Any Army structure may be a proponent. For instance, the
installation/activity Facility Engineer (FE)/Director of Public Works
becomes the proponent of installation-wide Military Construction Army
(MCA) and Operations and Maintenance (O&M) Activity; Commanding General,
TRADOC becomes the proponent of a change in initial entry training; and
the Program Manager becomes the proponent for a major acquisition
program. The proponent may or may not be the preparer.
(2) In general, the proponent is the unit, element, or organization
that is responsible for initiating and/or carrying out the proposed
action. The proponent has the responsibility to prepare and/or secure
funding for preparation of the environmental documentation.
Significantly Affecting the Environment
The significance of an action's, program's, or project's effects
must be evaluated in light of its context and intensity, as defined in
40 CFR 1508.27.
Section III--Special Abbreviations and Terms
This part uses the following abbreviations, brevity codes or
acronyms not contained in AR 310-50. These include use for electronic
publishing media and computer terminology, as follows:
WWW World Wide Web.
PARTS 652 654 [RESERVED]
PART 655_RADIATION SOURCES ON ARMY LAND--Table of Contents
Authority: 10 U.S.C. 3013.
Source: 76 FR 6693, Feb. 8, 2011, unless otherwise noted.
Sec. 655.10 Oversight of radiation sources brought on Army land by
non-Army entities (AR 385-10).
(a) As used in this section:
Agreement State has the same meaning as provided in 10 CFR 30.4.
Byproduct material has the same meaning as provided in 10 CFR
20.1003.
Radiation has the same meaning as provided in 10 CFR 20.1003.
Radioactive material includes byproduct material, source material,
and special nuclear material.
Source material has the same meaning as provided in 10 CFR 20.1003.
Special nuclear material has the same meaning as provided in 10 CFR
20.1003.
(b) Army radiation permits are required for use, storage, or
possession of ionizing radiation sources by non-Army entities (including
their civilian contractors) on an Army installation. Such use, storage,
or possession of ionizing radiation sources must be in connection with
an activity of the Department of Defense or in connection with a service
to be performed on the installation for the benefit of the Department of
Defense, in accordance with 10 U.S.C. 2692(b)(1). Approval by the
garrison commander is required to obtain an Army radiation permit. For
the purposes of this section, an ionizing radiation source is:
(1) Radioactive material used, stored, or possessed under the
authority of a specific license issued by the Nuclear Regulatory
Commission (NRC) or an Agreement State (10 CFR parts 30, 40, and 70 or
the equivalent regulations of an Agreement State); or
(2) A machine-produced ionizing radiation source capable of
producing an area, accessible to individuals, in which radiation levels
could result in an individual receiving a dose equivalent in excess of
0.1 rem (1 mSv) in 1 hour at 30 centimeters from the ionizing radiation
source or from any surface that the radiation penetrates.
(c) A permit is not required for non-Army entities (including their
civilian contractors) that use Army licensed radioactive material on an
Army installation in coordination with the Army NRC licensee. The non-
Army entity must obtain permission from the Army NRC licensee to use the
radioactive materials and be in compliance with all of the Army NRC
license conditions prior to beginning work on Army land.
(d) Other Military Departments are exempt from the requirement of
paragraph (b) of this section to obtain an Army radiation permit;
however, the garrison Radiation Safety Officer
[[Page 131]]
(RSO) must be notified prior to ionizing radiation sources being brought
onto the installation.
(e) Applicants will apply for an Army radiation permit by letter
with supporting documentation (paragraph (f) of this section) to the
garrison commander through the appropriate tenant commander or garrison
director. Submit the letter so that the garrison commander receives the
application at least 30 calendar days before the requested effective
date of the permit.
(f) The Army radiation permit application will include a proposed
effective date and duration (not to exceed 12 months) for the Army
radiation permit and describe the purposes for which the ionizing
radiation source will be used. The application will include:
Identification of the trained operating personnel who will be
responsible for implementation of the activities authorized by the
permit and a summary of their professional qualifications; the
applicant's point-of-contact name and phone number; the applicant's
radiation safety Standing Operating Procedures (SOPs); storage
provisions when the ionizing radiation source is not in use; and
procedures for notifying the garrison of reportable incidents/accidents.
(g) The garrison commander may approve the application only if the
applicant provides evidence to show that one of the following is true:
(1) The applicant possesses a valid NRC license or Department of
Energy (DOE) radiological work permit that allows the applicant to use
the ionizing radiation source in the manner requested in the Army
radiation permit application;
(2) The applicant possesses a valid Agreement State license that
allows the applicant to use the ionizing radiation source in the manner
requested in the Army radiation permit application. An applicant
operating in areas subject to exclusive Federal jurisdiction (Agreement
States Letter SP-96-022) has to file a NRC Form-241, Report of Proposed
Activities in Non-Agreement States, with the NRC in accordance with 10
CFR 150.20(b);
(3) For machine-produced ionizing radiation sources, the applicant
has an appropriate State authorization that allows the applicant to use
the ionizing radiation source as requested in the Army radiation permit
application and has in place a radiation safety program that complies
with applicable Army regulations; or
(4) For installations outside of the United States, the applicant
has an appropriate host-nation authorization as necessary that allows
the applicant to use the ionizing radiation source in the manner
requested in the Army radiation permit application and has in place a
radiation safety program that complies with applicable Army regulations
and host nation laws and regulations.
(h) Applicants and permit holders shall comply with all applicable
Federal, state, interstate, and local laws and regulations, status-of-
forces agreements (SOFAs), and other international agreements.
(i) Each Army radiation permit will require the permit holder to
remove its permitted ionizing radiation sources from Army property prior
to the expiration of the permit and restore all real or personal
property of the Army that was modified, altered, or otherwise changed as
a result of the permit holder's activities to the condition such
property was in prior to the effective date of the permit.
(j) An Army radiation permit issued pursuant to this section shall
be valid for no more than 12 months.
(k) Disposal of radioactive material by non-Army entities on Army
property is prohibited. However, the garrison commander may give written
authorization for releases of radioactive material to the atmosphere or
to the sanitary sewerage system if such releases are in compliance with
all applicable Federal, State, interstate, and local laws and
regulations, including but not limited to, the NRC regulations at 10 CFR
part 20, Subpart K, or the equivalent requirements of an Agreement
State, and regulations issued by the Army or the Department of Defense,
to include compliance with any applicable requirement to obtain a
permit, license, or other authorization, or to submit any information,
notification, or report for such release.
PARTS 656 667 [RESERVED]
[[Page 132]]
SUBCHAPTER L_ARMY CONTRACTING [RESERVED]
--Table of Contents
PARTS 668 699 [RESERVED]
[[Page 133]]
FINDING AIDS
--------------------------------------------------------------------
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
[[Page 135]]
Table of CFR Titles and Chapters
(Revised as of July 1, 2020)
Title 1--General Provisions
I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
III Administrative Conference of the United States (Parts
300--399)
IV Miscellaneous Agencies (Parts 400--599)
VI National Capital Planning Commission (Parts 600--699)
Title 2--Grants and Agreements
Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I Office of Management and Budget Governmentwide
Guidance for Grants and Agreements (Parts 2--199)
II Office of Management and Budget Guidance (Parts 200--
299)
Subtitle B--Federal Agency Regulations for Grants and
Agreements
III Department of Health and Human Services (Parts 300--
399)
IV Department of Agriculture (Parts 400--499)
VI Department of State (Parts 600--699)
VII Agency for International Development (Parts 700--799)
VIII Department of Veterans Affairs (Parts 800--899)
IX Department of Energy (Parts 900--999)
X Department of the Treasury (Parts 1000--1099)
XI Department of Defense (Parts 1100--1199)
XII Department of Transportation (Parts 1200--1299)
XIII Department of Commerce (Parts 1300--1399)
XIV Department of the Interior (Parts 1400--1499)
XV Environmental Protection Agency (Parts 1500--1599)
XVIII National Aeronautics and Space Administration (Parts
1800--1899)
XX United States Nuclear Regulatory Commission (Parts
2000--2099)
XXII Corporation for National and Community Service (Parts
2200--2299)
XXIII Social Security Administration (Parts 2300--2399)
XXIV Department of Housing and Urban Development (Parts
2400--2499)
XXV National Science Foundation (Parts 2500--2599)
XXVI National Archives and Records Administration (Parts
2600--2699)
[[Page 136]]
XXVII Small Business Administration (Parts 2700--2799)
XXVIII Department of Justice (Parts 2800--2899)
XXIX Department of Labor (Parts 2900--2999)
XXX Department of Homeland Security (Parts 3000--3099)
XXXI Institute of Museum and Library Services (Parts 3100--
3199)
XXXII National Endowment for the Arts (Parts 3200--3299)
XXXIII National Endowment for the Humanities (Parts 3300--
3399)
XXXIV Department of Education (Parts 3400--3499)
XXXV Export-Import Bank of the United States (Parts 3500--
3599)
XXXVI Office of National Drug Control Policy, Executive
Office of the President (Parts 3600--3699)
XXXVII Peace Corps (Parts 3700--3799)
LVIII Election Assistance Commission (Parts 5800--5899)
LIX Gulf Coast Ecosystem Restoration Council (Parts 5900--
5999)
Title 3--The President
I Executive Office of the President (Parts 100--199)
Title 4--Accounts
I Government Accountability Office (Parts 1--199)
Title 5--Administrative Personnel
I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
IV Office of Personnel Management and Office of the
Director of National Intelligence (Parts 1400--
1499)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Parts 2100--2199)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
XXII Federal Deposit Insurance Corporation (Parts 3200--
3299)
XXIII Department of Energy (Parts 3300--3399)
XXIV Federal Energy Regulatory Commission (Parts 3400--
3499)
XXV Department of the Interior (Parts 3500--3599)
XXVI Department of Defense (Parts 3600--3699)
[[Page 137]]
XXVIII Department of Justice (Parts 3800--3899)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
XXXIII U.S. International Development Finance Corporation
(Parts 4300--4399)
XXXIV Securities and Exchange Commission (Parts 4400--4499)
XXXV Office of Personnel Management (Parts 4500--4599)
XXXVI Department of Homeland Security (Parts 4600--4699)
XXXVII Federal Election Commission (Parts 4700--4799)
XL Interstate Commerce Commission (Parts 5000--5099)
XLI Commodity Futures Trading Commission (Parts 5100--
5199)
XLII Department of Labor (Parts 5200--5299)
XLIII National Science Foundation (Parts 5300--5399)
XLV Department of Health and Human Services (Parts 5500--
5599)
XLVI Postal Rate Commission (Parts 5600--5699)
XLVII Federal Trade Commission (Parts 5700--5799)
XLVIII Nuclear Regulatory Commission (Parts 5800--5899)
XLIX Federal Labor Relations Authority (Parts 5900--5999)
L Department of Transportation (Parts 6000--6099)
LII Export-Import Bank of the United States (Parts 6200--
6299)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Parts 6400--6499)
LV National Endowment for the Arts (Parts 6500--6599)
LVI National Endowment for the Humanities (Parts 6600--
6699)
LVII General Services Administration (Parts 6700--6799)
LVIII Board of Governors of the Federal Reserve System
(Parts 6800--6899)
LIX National Aeronautics and Space Administration (Parts
6900--6999)
LX United States Postal Service (Parts 7000--7099)
LXI National Labor Relations Board (Parts 7100--7199)
LXII Equal Employment Opportunity Commission (Parts 7200--
7299)
LXIII Inter-American Foundation (Parts 7300--7399)
LXIV Merit Systems Protection Board (Parts 7400--7499)
LXV Department of Housing and Urban Development (Parts
7500--7599)
LXVI National Archives and Records Administration (Parts
7600--7699)
LXVII Institute of Museum and Library Services (Parts 7700--
7799)
LXVIII Commission on Civil Rights (Parts 7800--7899)
LXIX Tennessee Valley Authority (Parts 7900--7999)
LXX Court Services and Offender Supervision Agency for the
District of Columbia (Parts 8000--8099)
LXXI Consumer Product Safety Commission (Parts 8100--8199)
LXXIII Department of Agriculture (Parts 8300--8399)
[[Page 138]]
LXXIV Federal Mine Safety and Health Review Commission
(Parts 8400--8499)
LXXVI Federal Retirement Thrift Investment Board (Parts
8600--8699)
LXXVII Office of Management and Budget (Parts 8700--8799)
LXXX Federal Housing Finance Agency (Parts 9000--9099)
LXXXIII Special Inspector General for Afghanistan
Reconstruction (Parts 9300--9399)
LXXXIV Bureau of Consumer Financial Protection (Parts 9400--
9499)
LXXXVI National Credit Union Administration (Parts 9600--
9699)
XCVII Department of Homeland Security Human Resources
Management System (Department of Homeland
Security--Office of Personnel Management) (Parts
9700--9799)
XCVIII Council of the Inspectors General on Integrity and
Efficiency (Parts 9800--9899)
XCIX Military Compensation and Retirement Modernization
Commission (Parts 9900--9999)
C National Council on Disability (Parts 10000--10049)
CI National Mediation Board (Part 10101)
Title 6--Domestic Security
I Department of Homeland Security, Office of the
Secretary (Parts 1--199)
X Privacy and Civil Liberties Oversight Board (Parts
1000--1099)
Title 7--Agriculture
Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)
VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Agricultural Marketing Service (Federal Grain
Inspection Service, Fair Trade Practices Program),
Department of Agriculture (Parts 800--899)
[[Page 139]]
IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI [Reserved]
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XX [Reserved]
XXV Office of Advocacy and Outreach, Department of
Agriculture (Parts 2500--2599)
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy Policy and New Uses, Department of
Agriculture (Parts 2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV National Institute of Food and Agriculture (Parts
3400--3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)
XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities
Service, Department of Agriculture (Parts 4200--
4299)
[[Page 140]]
Title 8--Aliens and Nationality
I Department of Homeland Security (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)
Title 9--Animals and Animal Products
I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
II Agricultural Marketing Service (Federal Grain
Inspection Service, Fair Trade Practices Program),
Department of Agriculture (Parts 200--299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)
Title 10--Energy
I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XIII Nuclear Waste Technical Review Board (Parts 1300--
1399)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Parts 1800--1899)
Title 11--Federal Elections
I Federal Election Commission (Parts 1--9099)
II Election Assistance Commission (Parts 9400--9499)
Title 12--Banks and Banking
I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)
IV Export-Import Bank of the United States (Parts 400--
499)
V (Parts 500--599) [Reserved]
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX (Parts 900--999)[Reserved]
X Bureau of Consumer Financial Protection (Parts 1000--
1099)
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XII Federal Housing Finance Agency (Parts 1200--1299)
XIII Financial Stability Oversight Council (Parts 1300--
1399)
[[Page 141]]
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVI Office of Financial Research (Parts 1600--1699)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)
Title 13--Business Credit and Assistance
I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
IV Emergency Steel Guarantee Loan Board (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board (Parts
500--599)
Title 14--Aeronautics and Space
I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--1199)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)
Title 15--Commerce and Foreign Trade
Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)
II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Industry and Security, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI National Technical Information Service, Department of
Commerce (Parts 1100--1199)
[[Page 142]]
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399) [Reserved]
Title 16--Commercial Practices
I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)
Title 17--Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)
Title 18--Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)
Title 19--Customs Duties
I U.S. Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV U.S. Immigration and Customs Enforcement, Department
of Homeland Security (Parts 400--599) [Reserved]
Title 20--Employees' Benefits
I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)
[[Page 143]]
IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Office of Workers' Compensation Programs, Department
of Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 1000--1099)
Title 21--Food and Drugs
I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)
Title 22--Foreign Relations
I Department of State (Parts 1--199)
II Agency for International Development (Parts 200--299)
III Peace Corps (Parts 300--399)
IV International Joint Commission, United States and
Canada (Parts 400--499)
V Broadcasting Board of Governors (Parts 500--599)
VII Overseas Private Investment Corporation (Parts 700--
799)
IX Foreign Service Grievance Board (Parts 900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)
XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIII Millennium Challenge Corporation (Parts 1300--1399)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)
Title 23--Highways
I Federal Highway Administration, Department of
Transportation (Parts 1--999)
[[Page 144]]
II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)
Title 24--Housing and Urban Development
Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Housing and Office of Multifamily Housing
Assistance Restructuring, Department of Housing
and Urban Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)
VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--1699)
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XV Emergency Mortgage Insurance and Loan Programs,
Department of Housing and Urban Development (Parts
2700--2799) [Reserved]
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXIV Board of Directors of the HOPE for Homeowners Program
(Parts 4000--4099) [Reserved]
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)
[[Page 145]]
Title 25--Indians
I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--899)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900--999)
VI Office of the Assistant Secretary, Indian Affairs,
Department of the Interior (Parts 1000--1199)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Parts 1200--1299)
Title 26--Internal Revenue
I Internal Revenue Service, Department of the Treasury
(Parts 1--End)
Title 27--Alcohol, Tobacco Products and Firearms
I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--799)
Title 28--Judicial Administration
I Department of Justice (Parts 0--299)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
XI Department of Justice and Department of State (Parts
1100--1199)
Title 29--Labor
Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
[[Page 146]]
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Employee Benefits Security Administration, Department
of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)
Title 30--Mineral Resources
I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Bureau of Safety and Environmental Enforcement,
Department of the Interior (Parts 200--299)
IV Geological Survey, Department of the Interior (Parts
400--499)
V Bureau of Ocean Energy Management, Department of the
Interior (Parts 500--599)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
XII Office of Natural Resources Revenue, Department of the
Interior (Parts 1200--1299)
Title 31--Money and Finance: Treasury
Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
[[Page 147]]
VIII Office of Investment Security, Department of the
Treasury (Parts 800--899)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
X Financial Crimes Enforcement Network, Department of
the Treasury (Parts 1000--1099)
Title 32--National Defense
Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)
V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Department of Defense, Defense Logistics Agency (Parts
1200--1299)
XVI Selective Service System (Parts 1600--1699)
XVII Office of the Director of National Intelligence (Parts
1700--1799)
XVIII National Counterintelligence Center (Parts 1800--1899)
XIX Central Intelligence Agency (Parts 1900--1999)
XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)
Title 33--Navigation and Navigable Waters
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Corps of Engineers, Department of the Army, Department
of Defense (Parts 200--399)
IV Saint Lawrence Seaway Development Corporation,
Department of Transportation (Parts 400--499)
Title 34--Education
Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
[[Page 148]]
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Career, Technical, and Adult Education,
Department of Education (Parts 400--499)
V Office of Bilingual Education and Minority Languages
Affairs, Department of Education (Parts 500--599)
[Reserved]
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
VII Office of Educational Research and Improvement,
Department of Education (Parts 700--799)
[Reserved]
Subtitle C--Regulations Relating to Education
XI (Parts 1100--1199) [Reserved]
XII National Council on Disability (Parts 1200--1299)
Title 35 [Reserved]
Title 36--Parks, Forests, and Public Property
I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VI [Reserved]
VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XV Oklahoma City National Memorial Trust (Parts 1500--
1599)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)
Title 37--Patents, Trademarks, and Copyrights
I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
II U.S. Copyright Office, Library of Congress (Parts
200--299)
III Copyright Royalty Board, Library of Congress (Parts
300--399)
IV National Institute of Standards and Technology,
Department of Commerce (Parts 400--599)
[[Page 149]]
Title 38--Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0--199)
II Armed Forces Retirement Home (Parts 200--299)
Title 39--Postal Service
I United States Postal Service (Parts 1--999)
III Postal Regulatory Commission (Parts 3000--3099)
Title 40--Protection of Environment
I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)
VIII Gulf Coast Ecosystem Restoration Council (Parts 1800--
1899)
Title 41--Public Contracts and Property Management
Subtitle A--Federal Procurement Regulations System
[Note]
Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 61-1--61-999)
62--100 [Reserved]
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
102 Federal Management Regulation (Parts 102-1--102-299)
103--104 [Reserved]
105 General Services Administration (Parts 105-1--105-999)
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
128 Department of Justice (Parts 128-1--128-99)
129--200 [Reserved]
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
[[Page 150]]
Subtitle E--Federal Information Resources Management
Regulations System [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)
Title 42--Public Health
I Public Health Service, Department of Health and Human
Services (Parts 1--199)
II--III [Reserved]
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--699)
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1099)
Title 43--Public Lands: Interior
Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)
Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 400--999)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10099)
Title 44--Emergency Management and Assistance
I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
IV Department of Commerce and Department of
Transportation (Parts 400--499)
Title 45--Public Welfare
Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)
[[Page 151]]
III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
IX Denali Commission (Parts 900--999)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Administration for Children and Families, Department
of Health and Human Services (Parts 1300--1399)
XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission of Fine Arts (Parts 2100--2199)
XXIII Arctic Research Commission (Parts 2300--2399)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)
Title 46--Shipping
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)
Title 47--Telecommunication
I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)
[[Page 152]]
IV National Telecommunications and Information
Administration, Department of Commerce, and
National Highway Traffic Safety Administration,
Department of Transportation (Parts 400--499)
V The First Responder Network Authority (Parts 500--599)
Title 48--Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1--99)
2 Defense Acquisition Regulations System, Department of
Defense (Parts 200--299)
3 Department of Health and Human Services (Parts 300--
399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 Agency for International Development (Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)
15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management, Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)
18 National Aeronautics and Space Administration (Parts
1800--1899)
19 Broadcasting Board of Governors (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
51 Department of the Army Acquisition Regulations (Parts
5100--5199) [Reserved]
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
[Reserved]
[[Page 153]]
54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
57 African Development Foundation (Parts 5700--5799)
61 Civilian Board of Contract Appeals, General Services
Administration (Parts 6100--6199)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)
Title 49--Transportation
Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Pipeline and Hazardous Materials Safety
Administration, Department of Transportation
(Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (Parts
400--499)
V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)
VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board (Parts 1000--1399)
XI Research and Innovative Technology Administration,
Department of Transportation (Parts 1400--1499)
[Reserved]
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)
Title 50--Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
IV Joint Regulations (United States Fish and Wildlife
Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of
Commerce); Endangered Species Committee
Regulations (Parts 400--499)
V Marine Mammal Commission (Parts 500--599)
[[Page 154]]
VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)
[[Page 155]]
Alphabetical List of Agencies Appearing in the CFR
(Revised as of July 1, 2020)
CFR Title, Subtitle or
Agency Chapter
Administrative Conference of the United States 1, III
Advisory Council on Historic Preservation 36, VIII
Advocacy and Outreach, Office of 7, XXV
Afghanistan Reconstruction, Special Inspector 5, LXXXIII
General for
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development 2, VII; 22, II
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Agriculture, Department of 2, IV; 5, LXXIII
Advocacy and Outreach, Office of 7, XXV
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Economic Research Service 7, XXXVII
Energy Policy and New Uses, Office of 2, IX; 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Institute of Food and Agriculture 7, XXXIV
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Utilities Service 7, XVII, XVIII, XLII
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force, Department of 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers 36, XI
Compliance Board
[[Page 156]]
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI; 38, II
Army, Department of 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase from People Who Are
Broadcasting Board of Governors 22, V
Federal Acquisition Regulation 48, 19
Career, Technical, and Adult Education, Office 34, IV
of
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chemical Safety and Hazard Investigation Board 40, VI
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X, XIII
Civil Rights, Commission on 5, LXVIII; 45, VII
Civil Rights, Office for 34, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce, Department of 2, XIII; 44, IV; 50, VI
Census Bureau 15, I
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II; 37, IV
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Secretary of Commerce, Office of 15, Subtitle A
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Financial Protection Bureau 5, LXXXIV; 12, X
Consumer Product Safety Commission 5, LXXI; 16, II
Copyright Royalty Board 37, III
Corporation for National and Community Service 2, XXII; 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council of the Inspectors General on Integrity 5, XCVIII
and Efficiency
Council on Environmental Quality 40, V
Court Services and Offender Supervision Agency 5, LXX; 28, VIII
for the District of Columbia
Customs and Border Protection 19, I
Defense, Department of 2, XI; 5, XXVI; 32,
Subtitle A; 40, VII
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III;
48, 51
Defense Acquisition Regulations System 48, 2
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, I, XII; 48, 54
[[Page 157]]
Engineers, Corps of 33, II; 36, III
National Imagery and Mapping Agency 32, I
Navy, Department of 32, VI; 48, 52
Secretary of Defense, Office of 2, XI; 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Denali Commission 45, IX
Disability, National Council on 5, C; 34, XII
District of Columbia, Court Services and 5, LXX; 28, VIII
Offender Supervision Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 2, XXXIV; 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Career, Technical, and Adult Education, Office 34, IV
of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Educational Research and Improvement, Office of 34, VII
Election Assistance Commission 2, LVIII; 11, II
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Policy, National Commission for 1, IV
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 2, IX; 5, XXIII; 10, II,
III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV,
VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Environmental Quality, Council on 40, V
Management and Budget, Office of 2, Subtitle A; 5, III,
LXXVII; 14, VI; 48, 99
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Security Council 32, XXI; 47, II
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United 15, XX
States
Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV
Family Assistance, Office of 45, II
[[Page 158]]
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 5, XXXVII; 11, I
Federal Emergency Management Agency 44, I
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Agency 5, LXXX; 12, XII
Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Financial Crimes Enforcement Network 31, X
Financial Research Office 12, XVI
Financial Stability Oversight Council 12, XIII
Fine Arts, Commission of 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300
[[Page 159]]
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Accountability Office 4, I
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Gulf Coast Ecosystem Restoration Council 2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 2, III; 5, XLV; 45,
Subtitle A
Centers for Medicare & Medicaid Services 42, IV
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X, XIII
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Indian Health Service 25, V
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 2, XXX; 5, XXXVI; 6, I; 8,
I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection 19, I
Federal Emergency Management Agency 44, I
Human Resources Management and Labor Relations 5, XCVII
Systems
Immigration and Customs Enforcement Bureau 19, IV
Transportation Security Administration 49, XII
HOPE for Homeowners Program, Board of Directors 24, XXIV
of
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24,
Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Immigration and Customs Enforcement Bureau 19, IV
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Independent Counsel, Offices of 28, VI
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
[[Page 160]]
Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII, XV
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Interior, Department of 2, XIV
American Indians, Office of the Special 25, VII
Trustee
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Natural Resource Revenue, Office of 30, XII
Ocean Energy Management, Bureau of 30, V
Reclamation, Bureau of 43, I
Safety and Enforcement Bureau, Bureau of 30, II
Secretary of the Interior, Office of 2, XIV; 43, Subtitle A
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Development Finance Corporation, 5, XXXIII; 22, VII
U.S.
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
Investment Security, Office of 31, VIII
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice, Department of 2, XXVIII; 5, XXVIII; 28,
I, XI; 40, IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
Independent Counsel, Offices of 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor, Department of 2, XXIX; 5, XLII
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Public Contracts 41, 50
[[Page 161]]
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I, VII
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Libraries and Information Science, National 45, XVII
Commission on
Library of Congress 36, VII
Copyright Royalty Board 37, III
U.S. Copyright Office 37, II
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II, LXIV
Micronesian Status Negotiations, Office for 32, XXVII
Military Compensation and Retirement 5, XCIX
Modernization Commission
Millennium Challenge Corporation 22, XIII
Mine Safety and Health Administration 30, I
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
Museum and Library Services, Institute of 2, XXXI
National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 2, XXII; 45, XII, XXV
National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Capital Planning Commission 1, IV, VI
National Counterintelligence Center 32, XVIII
National Credit Union Administration 5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Endowment for the Arts 2, XXXII
National Endowment for the Humanities 2, XXXIII
National Foundation on the Arts and the 45, XI
Humanities
National Geospatial-Intelligence Agency 32, I
National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute of Food and Agriculture 7, XXXIV
National Institute of Standards and Technology 15, II; 37, IV
National Intelligence, Office of Director of 5, IV; 32, XVII
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 5, CI; 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI
National Security Council and Office of Science 47, II
and Technology Policy
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV, V
Administration
National Transportation Safety Board 49, VIII
[[Page 162]]
Natural Resource Revenue, Office of 30, XII
Natural Resources Conservation Service 7, VI
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy, Department of 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Ocean Energy Management, Bureau of 30, V
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, IV, XXXV; 45, VIII
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Human Resources Management and Labor Relations 5, XCVII
Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety 49, I
Administration
Postal Regulatory Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Privacy and Civil Liberties Oversight Board 6, X
Procurement and Property Management, Office of 7, XXXII
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Refugee Resettlement, Office of 45, IV
Relocation Allowances 41, 302
Research and Innovative Technology 49, XI
Administration
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Utilities Service 7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of 30, II
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and 47, II
National Security Council
Secret Service 31, IV
Securities and Exchange Commission 5, XXXIV; 17, II
Selective Service System 32, XVI
Small Business Administration 2, XXVII; 13, I
Smithsonian Institution 36, V
Social Security Administration 2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, 34, III
Office of
State, Department of 2, VI; 22, I; 28, XI
Federal Acquisition Regulation 48, 6
[[Page 163]]
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Tennessee Valley Authority 5, LXIX; 18, XIII
Trade Representative, United States, Office of 15, XX
Transportation, Department of 2, XII; 5, L
Commercial Space Transportation 14, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V
Pipeline and Hazardous Materials Safety 49, I
Administration
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury, Department of the 2, X; 5, XXI; 12, XV; 17,
IV; 31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Claims Collection Standards 31, IX
Federal Law Enforcement Training Center 31, VII
Financial Crimes Enforcement Network 31, X
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Investment Security, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Truman, Harry S. Scholarship Foundation 45, XVIII
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
U.S. Copyright Office 37, II
Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs, Department of 2, VIII; 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I, VII
World Agricultural Outlook Board 7, XXXVIII
[[Page 165]]
List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations (CFR) that
were made by documents published in the Federal Register since January
1, 2015 are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters, parts and
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the
annual edition of the monthly List of CFR Sections Affected (LSA). The
LSA is available at www.govinfo.gov. For changes to this volume of the
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963,
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes.
The ``List of CFR Sections Affected 1986-2000'' is available at
www.govinfo.gov.
2015
32 CFR
80 FR
Page
Chapter V
635 Revised; interim...............................................28549
2016
32 CFR
81 FR
Page
Chapter V
635 Regulation at 80 FR 28549 confirmed............................17385
635.1 Amended......................................................17386
635.3 (c) introductory text and (2) amended........................17386
635.5 (b) revised; (d), (e) introductory text and (4) amended......17386
635.6 (c) amended; (e)(1) and (2) revised..........................17386
(a) revised....................................................78912
635.8 (d)(3) amended...............................................17386
635.17 (b) introductory text amended...............................17386
2017
(No regulations published)
2018
32 CFR
83 FR
Page
Chapter V
632 Removed........................................................24405
636 Removed........................................................24405
2019
32 CFR
84 FR
Page
Chapter V
633 Removed........................................................39726
637 Removed........................................................52363
643 Removed........................................................35034
644 Removed........................................................35035
2020
(No regulations published from January 1, 2020, through July 1, 2020)
[all]