[Federal Register: April 19, 2005 (Volume 70, Number 74)]
[Proposed Rules]
[Page 20324-20326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap05-16]
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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.
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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. 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]
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