[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24653-24654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6248]


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DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Intent To Request Comments on Alternative Procedures To 
Implement Advisory Council on Historic Preservation Program Act (NHPA) 
Section 106, Per 36 CFR 800.14(E) for Disposal of Naval Vessels

AGENCY: Department of the Navy, DOD.

ACTION: Notice of intent to request comments on implementing 
alternative procedures.

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SUMMARY: The Department of the Navy (Navy) is requesting ``Program 
Comments'' for alternative procedures to implement the National 
Historic Preservation Act (NHPA) Section 106 regulations. This 
programmatic approach substitutes all of 36 CFR part 800 subpart B, 
covers a category of undertakings in lieu of individual reviews and 
demonstrates the Navy's compliance with its responsibilities under 
Section 106 of NHPA regarding the disposal of U.S. Naval vessels which 
have been stricken from the Naval Vessel Register (NVR) and are owned 
and under the physical custody of the Navy.
    This document will remain in effect indefinitely. In accordance 
with 36 CFR 800.14(e)(6), if the Advisory Council for Historic 
Preservation (ACHP) determines that the consideration of NRHP eligible 
vessels are not being carried out in a manner consistent with this 
document, the ACHP may withdraw the comment and the Navy would be 
required to comply with the requirements of 36 CFR 800.3 through 88.7 
for each adverse action.

DATES: Submit comments on or before May 20, 2006.

ADDRESSES: You may submit comments, identified by any of the following 
methods: E-Mail at [email protected], fax at 202-781-4721, or 
mail to: Navy Inactive Ships Program Office, 1333 Isaac Hull Avenue, 
SE, Washington, DC 20376.

FOR FURTHER INFORMATION CONTACT: Commander, Program Executive Office 
Ships (PEO SHIPS), PMS333, Inactive Ship Program Office, Ship Donation 
Program, ATTN: Mr. Roderick Speer, 1333 Isaac Hull Avenue SE., Stop 
2701, Washington Navy Yard, DC 20376-2701, telephone 202-781-0876.

SUPPLEMENTARY INFORMATION: It is neither cost effective nor consistent 
with the Navy's mission to retain vessels once they have been stricken 
from the NVR by the Secretary of the Navy and authorized for disposal. 
Ship disposal actions include: Foreign Military Sales (FMS) to an 
allied country, title transfer to another federal agency, donation to a 
U.S. nonprofit organization or state or local government entity for 
public display as a museum and/or memorial, transfer to the U.S. Fleet 
for sinking as a target during at-sea live-fire training exercises, 
transfer to a state for sinking as an artificial reef, or for 
dismantling and recycling.
    Vessel donations for public display as a museum or memorial and 
title transfers to another federal agency are not considered adverse 
effects subject to this document. Foreign Military Sales to an allied 
country, transfer to the U.S. Fleet for sinking as a target during at-
sea live-fire training exercises, transfer to a state for sinking as an 
artificial reef, or dismantling and recycling are considered adverse 
effects subject to this document.
    Prior to undertaking an adverse effect described above, vessels 
shall be reviewed by the Naval Historical Center (NHC) for eligibility 
for listing in the National Register of Historic Places (NRHP). Vessels 
determined to be eligible for listing in the NRHP shall be subject to 
the provisions of this document prior to undertaking an adverse effect.
    Vessels included in this program include those (ships and service 
craft) entered in the NVR with the following exceptions:
    a. Active vessels in commission or in service.
    b. Vessels that have already been disposed of or lost by whatever 
cause, and determined to be unsalvageable.
    c. Vessels retained in Navy custody for public display. i.e., USS 
CONSTITUTION, Historic Ship NAUTILUS (SSN 571), or ex-BARRY (DD 933), 
which will continue to be managed individually.
    d. Vessels retained by the Navy for experimental purposes on a not-
to-sink basis.
    e. Vessels retained by the Navy for possible remobilization 
(Mobilization B).
    f. Leased or chartered vessels not owned by the Navy, even if 
listed on the NVR.
    g. Non-self-propelled service craft and boats (boats are not on the 
NVR).
    Vessels that have already been determined to be eligible for 
listing in the NRHP by a process separate from this process and that 
are not the subject of an existing agreement established during the 
Section 106 consultation process will be subject to the provisions of 
this document as though their eligibility had been established as a 
result of this program. Vessels that are subject of an existing Section 
106 agreement will continue to be subject to the existing agreement.
    The following criteria will be used to determine whether vessels 
are considered eligible for listing in the NRHP:
    a. Vessels that have been awarded an individual Presidential Unit 
Citation (granted to military units which have performed an extremely 
meritorious or heroic act, usually in the face of an armed enemy).
    b. Vessels aboard which an individual act of heroism took place 
such that the individual was subsequently awarded the Medal of Honor 
(for valor in action against an enemy force) or the Navy Cross (for 
extraordinary heroism in action not justifying an award of the Medal of 
Honor).
    c. Vessels to which a President of the United States was assigned 
during his or her naval service.
    d. The first vessel to incorporate weapon system, engineering, or 
other upgrades that represent a revolutionary change in naval design or 
war-fighting capabilities, or other special and unique considerations.

[[Page 24654]]

    In June of each year, the Chief of Naval Operations (CNO) 
undertakes a Ship Disposition Review (SDR) to determine which vessels 
shall be decommissioned from active service; the total each year has 
been averaging eight vessels. This list will be published by Naval Sea 
Systems Command (NAVSEASYSCOM) in the Federal Register two months after 
the Review, and will include the determination reached in coordination 
with the NHC as to which, if any, of the vessels are eligible for 
listing in the NRHP. During the public notice period, which shall 
extend sixty days from the time of publication, any member of the 
public may provide comments and justification to support or contradict 
the Navy's determinations regarding each named vessel. NAVSEASYSCOM, 
coordinating with the NHC, shall consider all recommendations and 
supporting justification received from the public in accordance with 
the criteria defined above before action is taken to dispose of the 
vessel.
    The NHC shall provide final determination of eligibility of Navy 
vessels in accordance with the foregoing criteria. The inactive vessels 
inventory will be reviewed in preparation for the annual CNO, SDR 
conference. Vessels previously reviewed for eligibility do not require 
rereview unless a triggering event occurred related to the eligibility 
criteria.
    The Navy's military mission requires that eligible vessels not 
stricken from the NVR continue to be fully available for naval service 
appropriate to each vessel's mission, including both routine and combat 
operations, and that they also continue to be available for 
modernization as necessary to keep them battle-worthy, safe, and 
habitable. Specifically, the Navy will employ, deploy, activate, 
inactivate, decommission, modify, and move such vessels without regard 
to their eligibility and without consultation under NHPA. The Navy's 
responsibilities with regard to eligible vessels are limited to the 
provisions of this section.
    The Navy will take the following steps, (if security classification 
permits), regarding vessels determined to be eligible for listing in 
the NRHP:
    a. Upon decommissioning or upon designation as eligible:
    (1) Annotate the vessel's NVR entry to reflect eligibility.
    (2) Unless the vessel is designated Foreign Military Sales (FMS) 
transfer, there are other Navy requirements for its continued use, or 
national security or other restrictions preclude donation, make the 
vessel available for donation under 10 U.S.C. 7306. The Navy's Ship 
Donation Program (so-named, because service craft are only rarely 
eligible or requested for donation) is described at http://www.navsea.navy.mil/ndp. Donation applications requirements include 
submission of acceptable curatorial/museum and maintenance plans among 
other plans for the preservation of the vessel in a condition 
satisfactory to the Secretary of the Navy. If a qualified donee is not 
identified within two years, the Navy may proceed with other disposal 
options.
    (3) Vessels designated by the Office of the CNO for Foreign 
Military Sales transfer will not be made available for donation under 
10 U.S.C. 7306 as Department of Defense and Department of State 
Security Assistance programs have a higher national priority. Such FMS 
transfers may occur immediately upon decommissioning from the Navy 
(hot-ship transfer) or may occur several years after decommissioning 
(cold-ship transfer). However, if NRHP eligible vessels are removed 
from FMS hold and designated for disposal, they will be made available 
for donation under 10 U.S.C. 7306 according to the preceding provision.
    b. After NRHP eligible ships have been re-designated from donation 
hold status to disposal, and with the exception of classified 
information:
    (1) The NHC, Ships History Branch will give priority to compiling 
histories of NRHP eligible vessels when preparing entries in the 
Dictionary of American Naval Fighting Ships.
    (2) The NHC, Ships History Branch will permanently retain and 
provide public access to appropriate documentation from NRHP eligible 
vessels such as command history reports and war diaries.
    (3) The NHC, Ships History Branch, will provide public access to 
ship deck logs under its possession. Deck logs that are more than 30 
years old are transferred to the National Archives and Records 
Administration for permanent retention.
    (4) Navy policy requires the removal of curator artifacts from all 
vessels being decommissioned; including citations, correspondence of 
significant historical value, ship histories, paintings, and 
photographs selected to best display the physical characteristics of 
the vessel (ship's silver services are retained by the Naval Supply 
System). The NHC, Curator Branch, will maintain these items and will 
consider the loan of previously removed curator artifacts or other 
items of potential historical importance to qualified U.S. nonprofit 
organizations.
    (5) Within three years of designation for disposal of an NRHP 
eligible vessel, the Navy Inactive Ships Program Office (NISPO) will 
deposit with the National Archives a documentation package consisting 
of archivally stable media of the following items: Unclassified Booklet 
of General Plans and the last unclassified report of the Board of 
Inspection and Survey describing the material condition of the vessel.
    The NISPO will submit an annual report to the Advisory ACHP on the 
progress of the program. The report will include the following 
information:
    a. Names and status of vessels identified as eligible for NRHP 
listing.
    b. Names of eligible vessels disposed of during the reporting 
period along with the status of documentation packages of eligible 
vessels that have been disposed of.
    By following this document, the Navy meets its responsibilities for 
compliance under Section 106 concerning management of its entire 
inventory of inactive vessels. Accordingly, the Navy is no longer 
required to follow the case-by-case Section 106 review process for each 
individual management action affecting inactive vessels, nor to conduct 
consultations with the ACHP, State Historic Preservation Officer, and 
other preservation authorities, except as provided in this program.
    The Navy may carry out management actions prior to the completion 
of the provisions outlined above, so long as such management actions do 
not preclude the eventual successful completion of these provisions.

    Dated: April 20, 2006.
Eric Mcdonald,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
 [FR Doc. E6-6248 Filed 4-25-06; 8:45 am]
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