[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:

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

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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