[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR202.1]

[Page 362-364]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 202_RESTORATION ADVISORY BOARDS--Table of Contents
 
                     Subpart A_General Requirements
 
Sec. 202.1  Purpose, scope, definitions, and applicability.


    (a) Purpose. The purpose of this part to establish regulations 
regarding the scope, characteristics, composition, funding, 
establishment, operation, adjournment, and dissolution of Restoration 
Advisory Boards (RABs).
    (b) Purpose and scope of responsibilities of RABs. The purpose of a 
RAB is to provide:
    (1) An opportunity for stakeholder involvement in the environmental 
restoration process at Department of Defense (DoD) installations. 
Stakeholders are those parties that may be affected by environmental 
restoration activities at the installation.
    (2) A forum for the early discussion and continued exchange of 
environmental restoration program information between DoD installations, 
regulatory agencies, tribes, and the community.
    (3) An opportunity for RAB members to review progress, participate 
in a dialogue with, and provide comments and advice to the 
installation's decision makers concerning environmental restoration 
matters. Installations shall

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give careful consideration to the comments provided by the RAB members.
    (4) A forum for addressing issues associated with environmental 
restoration activities under the Defense Environmental Restoration 
Program (DERP) at DoD installations, including activities conducted 
under the Military Munitions Response program (MMRP) to address 
unexploded ordnance, discarded military munitions, and the chemical 
constituents of munitions. Environmental groups or advisory boards that 
address issues other than environmental restoration activities are not 
governed by this regulation.
    (c) Definitions. In this section:
    (1) Community RAB member shall mean those individuals identified by 
community members and appointed by the Installation Commander to 
participate in a RAB who live and/or work in the affected community or 
are affected by the installation's environmental restoration program.
    (2) Environmental restoration shall include the identification, 
investigation, research and development, and cleanup of contamination 
from hazardous substances, including munitions and explosives of 
concern, and pollutants and contaminants.
    (3) Installation shall include active and closing DoD installations 
and formerly used defense sites (FUDS).
    (4) Installation Commander shall include the Commanding Officer or 
the equivalent of a Commanding Officer at active installations; the 
Installation Commander or other Military Department officials who close 
the facility and are responsible for its disposal at Base Realignment 
and Closure (BRAC) installations; or the U.S. Army Corps of Engineers 
Project Management District Commander at FUDS.
    (5) Public participants shall include anyone else who may want to 
attend the RAB meetings, including those individuals that may not live 
and/or work in the affected community or may not be affected by the 
installation's environmental restoration program but would like to 
attend and provide comments to the RAB.
    (6) Stakeholders are those parties that may be affected by 
environmental restoration activities at an installation, including 
family members of military personnel and civilian workers, local and 
state governments and EPA for NPL properties, tribal community members 
and indigenous people, and current landowners, as appropriate.
    (7) Tribes shall mean any Federally-recognized American Indian and 
Alaska Native government as defined by the most current Department of 
Interior/Bureau of Indian Affairs list of tribal entities published in 
the Federal Register pursuant to Section 104 of the Federally Recognized 
Tribe Act.
    (8) RAB adjournment shall mean when an Installation Commander, in 
consultation with the Environmental Protection Agency (EPA), state, 
tribes, RAB members, and the local community, as appropriate, close the 
RAB based on a determination that there is no longer a need for a RAB or 
when community interest in the RAB declines.
    (9) RAB dissolution shall mean when an Installation Commander, with 
the appropriate Military Component's Environmental Deputy Assistant 
Secretary's approval, disbands a RAB that is no longer fulfilling the 
intended purpose of advising and providing community input to an 
Installation Commander and decision makers on environmental restoration 
projects. Installation Commanders are expected to make every reasonable 
effort to ensure that a RAB performs its role as effectively as possible 
and a concerted attempt is made to resolve issues that affect the RAB's 
effectiveness. There are circumstances, however, that may prevent a RAB 
from operating effectively or fulfilling its intended purpose.
    (d) Other public involvement activities. A RAB should complement 
other community involvement efforts occurring at an installation; 
however, it does not replace other types of community outreach and 
participation activities required by applicable laws and regulations.
    (e) Applicability of regulations to existing RABs. The regulations 
in this part apply to all RABs regardless of when the RAB was 
established.
    (f) Guidance. The Office of the Deputy Under Secretary of Defense 
for Environment shall issue guidance regarding

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the scope, characteristics, composition, funding, establishment, 
operation, adjournment, and dissolution of RABs pursuant to this rule. 
The issuance of any such guidance shall not be a precondition to the 
establishment of RABs or the implementation of this part.

[71 FR 27617, May 12, 2006; 71 FR 30719, May 30, 2006]