[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Rules and Regulations]
[Pages 32490-32492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11040]
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AMERICAN BATTLE MONUMENTS COMMISSION
36 CFR Parts 401, 402, and 403
American Battle Monuments Commission Policies on Overseas
Memorials
AGENCY: American Battle Monuments Commission.
ACTION: Final regulation
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SUMMARY: The American Battle Monuments Commission (ABMC) is updating
its regulations on overseas memorials in order to reflect actual
practice and current statutory requirements.
DATES: Effective June 3, 2005.
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:
I. Background
ABMC published the proposed regulation in the Federal Register on
April 19, 2005 (see 70 FR 20324-20326) for a public comment period.
Pursuant to Chapter 21, Title 36 United States Code, the 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 final 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
part 401 supersedes existing part 401 and rescinds existing parts 402
and 403.
II. Comment
ABMC received one comment on the proposed regulation. That comment
asserted that aspects of the evaluation criteria identified in section
401.9 for consideration in approving requests to construct a memorial
deserved reconsideration. The commenter suggested that a process for
exceptions in light of the unique circumstances that can arise in
today's environment would be helpful.
Other than the criteria calling for a ten year waiting period,
adequate funding, and host nation approval set forth in sections
401.9(a)-(c), the remaining criteria are not stated as absolute
requirements. These other criteria are evaluated on a case by case
basis with particular regard to the unique circumstances of each
request. ABMC identified the ten year minimum waiting period
requirement because this time period was established by Congress for
approval of such memorials in the District of Columbia and its environs
through the Commemorative Works Act as an appropriate period of time
and there was no apparent reason to establish a different time frame
for overseas memorials (see 40 U.S.C. section 8903(b)).
III. Final Regulation as Adopted
List of Subjects in 36 CFR Parts 401, 402, and 403
Monuments and memorials.
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For the reasons set forth in the preamble, American Battle Monuments
Commission amends 36 CFR Chapter IV as follows:
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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
[[Page 32491]]
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
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
Sec. 401.9.
Sec. 401.9 Evaluation criteria.
Commission consideration of a request to approve a memorial will
include, but not be limited to, evaluation of following criteria:
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Criteria Discussion
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(a) How long has it been since the Requests made during or immediately
events to be honored took place? 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 Available adequate funding or other
maintenance of the memorial be specific arrangements addressing
funded? perpetual care are a prerequisite
to any approval.
(c) Has the host nation consented? Host nation approval is required.
(d) Is an overseas site In many circumstances a memorial
appropriate for the proposed located within the United States
permanent memorial? will be more appropriate.
(e) Is the proposed memorial Memorials to elements smaller than a
intended to honor an individual division or comparable unit or to
or small unit? 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 supported
accurate? by objective authorities.
(g) Is the proposed memorial As a general rule, memorials should
intended to honor an be erected to organizations rather
organizational element of the than to troops from a particular
American Armed Forces rather than locality of the United States.
soldiers from a geographical area
of the United States?
(h) Does the contribution of the The commemoration should normally be
element to be honored warrant a through a memorial that would have
separate memorial? the affect of honoring all of the
American Armed Forces personnel who
participated rather than a select
segment of the organizational
participants.
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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. to 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
[[Page 32492]]
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. to 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. to 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]
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2. Part 402 is removed.
PART 403--[REMOVED]
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3. Part 403 is removed.
Theodore Gloukhoff,
Director, Personnel and Administration.
[FR Doc. 05-11040 Filed 6-2-05; 8:45 am]
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