[Title 32 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2021 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

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                            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

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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

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
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    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
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

    Provisions of the Code that are no longer in force and effect as of 
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``[RESERVED]'' TERMINOLOGY

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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force 
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    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
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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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CFR INDEXES AND TABULAR GUIDES

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this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

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the revision dates of the 50 CFR titles.

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INQUIRIES

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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)

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

              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)




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

        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

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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.

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                       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.

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    (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.

[[Page 71]]

    (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

[[Page 73]]

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.

[[Page 75]]

    (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,

[[Page 76]]

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

[[Page 77]]

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.

[[Page 78]]



  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

[[Page 79]]

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.
---------------------------------------------------------------------------

    (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

[[Page 91]]

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

[[Page 93]]

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

[[Page 94]]

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

[[Page 95]]

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.

[[Page 96]]

    (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

[[Page 97]]

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.

[[Page 98]]

    (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,

[[Page 99]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------



                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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          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

[[Page 113]]

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

[[Page 114]]

(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

[[Page 115]]

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.

[[Page 129]]

                                   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

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(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]