[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Proposed Rules]
[Pages 20324-20326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7743]


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AMERICAN BATTLE MONUMENTS COMMISSION

36 CFR Parts 401, 402, 403


American Battle Monuments Commission Policies on Overseas 
Memorials

AGENCY: American Battle Monuments Commission.

ACTION: Proposed regulation.

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SUMMARY: The American Battle Monuments Commission is updating its 
regulations on overseas memorials in order to reflect actual practice 
and current statutory requirements.

DATES: Submit comments on or before May 18, 2005.

ADDRESSES: You may submit comments, by any of the following methods: 
Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. Agency Web site: http://www.abmc.gov. Follow the instructions for submitting comments on the 
Web site.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Sole, Director of 
Engineering and Maintenance, American Battle Monuments Commission, 
Suite 500, 2300 Clarendon Blvd., Arlington, VA 22201-3367; telephone: 
(703) 696-6899; FAX: (703) 696-6666.

SUPPLEMENTARY INFORMATION:
    Pursuant to Chapter 21, Title 36 United States Code, the American 
Battle Monuments Commission (ABMC) is generally responsible for 
overseas memorials and monuments honoring the sacrifices of the 
American Armed Forces. ABMC's regulations on the performance of this 
function have not been updated since 1970. Since that time Congress has 
established within ABMC a Memorial Trust Fund Program the terms of 
which are codified at 36 U.S.C. 2106(b-e). The purpose of this proposed 
regulation is to set forth agency policy implementing 36 U.S.C. 2106(b-
e) and to place all agency guidance on overseas memorial 
responsibilities in one comprehensive document. This proposed part 401 
would supersede existing part 401 and rescind existing parts 402 and 
403.

List of Subjects in 36 CFR Parts 401, 402, and 403

    Monuments and memorials.
    For the reasons set forth in the preamble, American Battle 
Monuments Commission proposes to amend 36 CFR chapter IV as follows:
    1. Part 401 is revised to read as follows:

PART 401--MONUMENTS AND MEMORIALS

Sec.
401.1 Purpose.
401.2 Applicability and scope.
401.3 Background.
401.4 Responsibility.
401.5 Control and supervision of materials, design, and building.
401.6 Approval by National Commission of Fine Arts.
401.7 Cooperation with other than Government entities.
401.8 Requirement for Commission approval.
401.9 Evaluation criteria.
401.10 Monument Trust Fund Program.
401.11 Demolition criteria.

    Authority: 36 U.S.C 2105; 36 U.S.C. 2106.


Sec.  401.1  Purpose.

    This part provides guidance on the execution of the 
responsibilities given by Congress to the American Battle Monuments 
Commission (Commission) regarding memorials and monuments commemorating 
the service of American Armed Forces at locations outside the United 
States.


Sec.  401.2  Applicability and scope.

    This part applies to all agencies of the United States Government, 
State and local governments of the United States and all American 
citizens, and private and public American organizations that have 
established or plan to establish any permanent memorial commemorating 
the service of American Armed Forces at a location outside the United 
States. This chapter does not address temporary monuments, plaques and 
other elements that deployed American Armed Forces wish to erect at a 
facility occupied by them outside the United States. Approval of any 
such temporary monument, plaque or other element is a matter to be 
determined by the concerned component of the Department of Defense 
consistent with host nation law and any other constraints applicable to 
the presence of American Armed Forces at the overseas location.


Sec.  401.3  Background.

    Following World War I many American individuals, organizations and 
governmental entities sought to create memorials in Europe 
commemorating the service of American Armed Forces that participated in 
that war. Frequently such well intended efforts were undertaken without 
adequate regard for many issues including host nation approvals, design 
adequacy, and funding for perpetual maintenance. As a result, in 1923 
Congress created the American Battle Monuments Commission to generally

[[Page 20325]]

oversee all memorials created by Americans or American entities to 
commemorate the service of American Armed Forces at locations outside 
the United States.


Sec.  401.4.  Responsibility.

    The Commission is responsible for building and maintaining 
appropriate memorials commemorating the service of American Armed 
Forces at any place outside the United States where Armed Forces have 
served since April 6, 1917.


Sec.  401.5.  Control and supervision of materials, design, and 
building.

    The Commission controls the design and prescribes regulations for 
the building of all memorial monuments and buildings commemorating the 
service of American Armed Forces that are built in a foreign country or 
political division of the foreign country that authorizes the 
Commission to carry out those duties and powers.


Sec.  401.6  Approval by National Commission of Fine Arts.

    A design for a memorial to be constructed at the expense of the 
United States Government must be approved by the National Commission of 
Fine Arts before the Commission can accept it.


Sec.  401.7  Cooperation with other than Government entities.

    The Commission has the discretion to cooperate with citizens of the 
United States, States, municipalities, or associations desiring to 
build war memorials outside the United States.


Sec.  401.8  Requirement for Commission approval.

    No administrative agency of the United States Government may give 
assistance to build a memorial unless the plan for the memorial has 
been approved by the Commission. In deciding whether to approve a 
memorial request the Commission will apply the criteria set forth in 
the following Part 405 of this chapter.


Sec.  401.9  Evaluation criteria.

    Commission consideration of a request to approve a memorial will 
include, but not be limited to, evaluation of the following criteria:

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                Criteria                            Discussion
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(a) How long has it been since the       Requests made during or
 events to be honored took place?.        immediately after an event are
                                          not generally subject to
                                          approval. The Commission will
                                          not approve a memorial until
                                          at least 10 years after the
                                          officially designated end of
                                          the event. It should be noted
                                          that this is the same period
                                          of time made applicable to the
                                          establishment of memorials in
                                          the District of Columbia and
                                          its environs by the
                                          Commemorative Works Act.
(b) How will the perpetual maintenance   Available adequate funding or
 of the memorial be funded?.              other specific arrangements
                                          addressing perpetual care are
                                          a prerequisite to any
                                          approval.
(c) Has the host nation consented?.....  Host nation approval is
                                          required.
(d) Is an overseas site appropriate for  In many circumstances a
 the proposed permanent memorial?         memorial located within the
                                          United States will be more
                                          appropriate.
(e) Is the proposed memorial intended    Memorials to elements smaller
 to honor an individual or small unit?    than a division or comparable
                                          unit or to an individual will
                                          not be approved unless the
                                          services of such unit or
                                          individual clearly were of
                                          such distinguished character
                                          as to warrant a separate
                                          memorial.
(f) Is the memorial historically         Representations should be
 accurate?.                               supported by objective
                                          authorities.
(g) Is the proposed memorial intended    As a general rule, memorials
 to honor an organizational element of    should be erected to
 the American Armed Forces rather than    organizations rather than to
 soldiers from a geographical area of     troops from a particular
 the United States?                       locality of the United States.
(h) Does the contribution of the         The commemoration should
 element to be honored warrant a          normally be through a memorial
 separate memorial?                       that would have the affect of
                                          honoring all of the American
                                          Armed Forces personnel who
                                          participated rather than a
                                          select segment of the
                                          organizational participants.
------------------------------------------------------------------------

Sec.  401.10  Monument Trust Fund Program.

    Pursuant to the provisions of 36 U.S.C. 2106(d), the Commission 
operates a Monument Trust Fund Program (MTFP) in countries where there 
is a Commission presence. Under the MTFP, the Commission may assume 
both the sponsor's legal interests in the monument and responsibility 
for its maintenance. To be accepted in the Monument Trust Fund Program, 
an organization must develop an acceptable maintenance plan and 
transfer sufficient monies to the Commission to fully fund the 
maintenance plan for at least 30 years. The Commission will put this 
money into a trust fund of United States Treasury instruments that earn 
interest. Prior to acceptance into the MTFP, the sponsor must perform 
any deferred maintenance necessary to bring the monument up to a 
mutually agreeable standard. At that time, the Commission may assume 
the sponsoring organization's interest in the property and 
responsibility for all maintenance and other decisions concerning the 
monument. Once accepted into the program, the Commission will provide 
for all necessary maintenance of the monument and charge the cost to 
the trust fund. The sponsoring organization or others interested in the 
monument may add to the trust fund at any time to insure that adequate 
funds remain available. The Commission will maintain the monument for 
as long a period as the trust fund account permits.


Sec.  401.11  Demolition criteria.

    As authorized by the provisions of 36 U.S.C. 2106(e), the 
Commission may take necessary action to demolish any war memorial built 
outside the United States by a citizen of the United States, a State, a 
political subdivision of a State, a governmental authority (except a 
department, agency, or instrumentality of the United States 
Government), a foreign agency, or a private association and to dispose 
of the site of the memorial in a way the Commission decides is proper, 
if--
    (a) The appropriate foreign authorities agree to the demolition; 
and
    (b) (1) The sponsor of the memorial consents to the demolition; or
    (2) The memorial has fallen into disrepair and a reasonable effort 
by the Commission has failed--
    (i) To persuade the sponsor to maintain the memorial at a standard 
acceptable to the Commission; or
    (ii) To locate the sponsor.

PART 402--[REMOVED]

    2. Part 402 is removed.

[[Page 20326]]

PART 403--[REMOVED]

    3. Part 403 is removed.

Theodore Gloukhoff,
Director, Personnel and Administration.
[FR Doc. 05-7743 Filed 4-18-05; 8:45 am]
BILLING CODE 6120-01-P