outside the gates adjacent to the installation borders, only if the procedures outlined below in 32 CFR 552.214 are followed. $552.214 Procedures. (a) Any person or persons desiring to protest, picket, or engage in any other similar demonstrations on Aberdeen Proving Ground must submit a written request to the Commander, U.S. Army Garrison, Aberdeen Proving Ground, ATTN: STEAP-CO, 2201 Aberdeen Boulevard, Aberdeen Proving Ground, Maryland 21005-5001. The request must be received at least 30 calendar days prior to the demonstration, and it must include the following: (1) Name, address, and telephone number of the sponsoring person or organization. (If it is an organization, include the name of the point of contact.) (2) Purpose of the event. (3) Number of personnel expected to attend. (4) Proposed date, time, location and duration of the event. (5) Proposed means of transportation to and from APG. (6) Proposed means of providing security, sanitary services and related ancillary services to the participants. (b) Based on the Commander's concerns for discipline, mission accomplishment, protection of property, and the safeguarding of the health, morale, and welfare of the APG community, the Commander will determine whether to grant the request and, if granted, any limitations as to where and when it will take place. $552.215 Responsibilities. (a) Director, Law Enforcement and Security, U.S. Army Garrison, Aberdeen Proving Ground, will furnish police support as needed. (b) Chief Counsel and Staff Judge Advocate, U.S. Army Test and Evaluation Command, will provide a legal review of the request. § 552.216 Violations. (a) A person is in violation of the terms of this subpart if: (1) That person enters or remains upon Aberdeen Proving Ground when that person is not licensed, invited, or otherwise authorized by the Com mander, U.S. Army Garrison, Aberdeen Proving Ground pursuant to the terms of § 552.214; or (2) That person enters upon or remains upon Aberdeen Proving Ground for the purpose of engaging in any activity prohibited or limited by this subpart. (b) All persons (military personnel, Department of the Army civilian employees, civilians, and others) may be prosecuted for violating the provisions of this subpart. Military personnel may be prosecuted under the Uniform Code of Military Justice. Department of the Army civilian employees may be prosecuted under 18 U.S.C. 1382, and/or disciplined under appropriate regulations. Civilians and others may be prosecuted under 18 U.S.C. 1382. (c) Administrative sanctions may include, but are not limited to, bar actions including suspension of access privileges, or permanent exclusion from Aberdeen Proving Ground. APPENDIX A TO PART 552-DPCA RECREATIONAL AREAS IN TRAINING AREAS 1. DOD use only, permit not required: NOTE.-Use is authorized only to military, retired military, DOD civilian personnel, their family members and accompanied guests. Boat launch adjacent to Officer's Club Beach Chambers Lake Picnic and *Fishing Area- Fiander Lake Picnic and Fishing AreaTraining Area 20 Johnson Marsh-Training Area 10 Lewis Lake Picnic and Fishing Area-Training Area 16 Miller Hill Trail Bike Area (DOD only) Main Post No Name Lake-Training Area 22 Sequalitchew Lake Picnic Area-Training Area 2 Shannon Marsh-CTA D Skeet Trap Range-2d Division Range Road, CTA E Solo Point Boat Launch-North Fort, CTA A West Sportman's Range-East Gate Road, Range 15 Wright Marsh/Lake CTA C Vietnam Village Marsh-Training Area 9 and 10 2. Non-DOD use, permit required: Chambers Lake, fishing only. APPENDIX B TO PART 552-NON-PERMIT ACCESS ROUTES 1. The following public easement routes may be used without permit or check-in: I-5 Steilacoom-DuPont Road (EH 286156 to EH 302227). Pacific Highway Southeast (EH 232119 to EH 250141). Washington State Route 507 (EH 363061 to EH 429144). Goodacre (unpaved) and Rice Kandle (paved) Roads (EH 386088 to EH 450074). 8th Avenue South (EH 424045 to EH 424126). 8th Avenue East (EH 440074 to EH 440126). 208th Avenue (EH 424126 to EH 432126). Washington State Route 510 (EH 235063 to EH 247054 and EH 261046 to EH 273020). Yelm Highway (EH 233056 to EH 239058). Rainer Road Southeast (EG 167997 to EG 213941). Military Road Southeast (EG 213941 to EG 215944). Spurgeon Creek Road (EG 178986 to EG 179997). Stedman Road (EG 153987 to EG 167995). 2. The following military routes may be used without permit or check-in: Huggins Meyer Road (North Fort Road, EH 305202-EH 328213) East Gate Road (C-5 Mock-up to 8th Ave South-EH 328213) 260th (EH 440074 to EH 457074) Roy cut-off (Chambers Lake) Road (East Gate Road to Roy City Limits) to Lincoln Avenue (Madigan to EH 391179) 3. The Solo Point Road is open Weyerhauser Corporation personnel for business and recreation. 4. DOD personnel and Fort Lewis contractor personnel on official business may use all DEH-maintained paved roads and two lane gravel roads in the training areas. The use of one lane gravel lanes, or any established road not identified above, must be coordinated with the Area Access Office prior to use except as specified in § 552.87(b)(2) 5. All range roads closed because of training activities will not be used until opened by the Range Officer. Such road closures will normally involve barricades and road guards. Barricades and road guards placed by direction of Range Control may not be by-passed. APPENDIX C TO PART 552-AUTHORIZED ACTIVITIES FOR FORT LEWIS MANEUVER AREA ACCESS Military Training (FL Reg 350-30) The following specifies the authority and assigns the responsibilities for the development, operation, maintenance, and administration of the Arlington and Soldiers' Home National Cemeteries, a civil works activity of the Department of the Army. § 553.2 Statutory authority. Basic statutory authority pertaining to the Army national cemeteries is in chapter 7, title 24, United States Code, entitled "National Cemeteries." Many of the provisions of this chapter were repealed by section 7(a) of the National Cemeteries Act of 1973 (Pub. L. 93-43, 18 June 1973, 38 U.S.C. 1000 et seq.); but section 7(b) provides that nothing in this section shall be deemed to affect in any manner the functions, powers, and duties of the Secretary of the Army with respect to Arlington and Soldiers' Home National Cemeteries. § 553.3 Scope and applicability. (a) Scope. The development, operation, maintenance, and administration of Arlington National Cemetery and the Soldiers' Home National Ceme tery are governed by this part and TM 10-287. AR 210-190 assigns responsibilities for the operation, maintenance, and administration of Army post cemeteries. (b) Applicability. The provisions of AR 290-5 are applicable to active and retired members of the Armed Forces, certain disabled veterans, and veterans who were awarded certain military decorations. § 553.4 Responsibilities. The Army national cemeteries, consisting of the Arlington National Cemetery, Arlington, Virginia, and Soldiers' Home National Cemetery, Washington, DC, are under the jurisdiction of the Department of the Army. The Assistant Secretary of the Army for Civil Works is directly responsible to the Secretary of the Army for policy formulation in the administration of these cemeteries. The Adjutant General is responsible for their day-to-day administration, operation, and maintenance. Specific responsibilities for Arlington and Soldiers' Home National Cemeteries are delegated to the Commander, Military District of Washington in accordance with a Memorandum of Understanding. § 553.5 Federal jurisdiction. Where the State legislature has given the consent of that State to purchase the land which now comprises an Army national cemetery, the jurisdiction and power of legislation of the United States over Army national cemeteries will, in all courts and places, be held to be the same as is granted by Section 8, Article 1, Constitution of the United States. § 553.6 Donations. (a) Policy. Under Department of the Army policy, proffered donations or gifts for beautifying Army national cemeteries may be accepted from legitimate societies and organizations or from reputable individuals, subject to the following provisions: (1) The society, organization, or individual does not associate the name of the Department of the Army in any way with soliciting for the donation or gift. (2) Delivery is made to the cemetery or to another point designated by the Department of the Army without expense to the Government. (3) Installing, constructing, placing, or planting is in keeping with the planned development of the cemetery and the donor agrees to the use of the gift at any designated place within the cemetery. (4) The donor is not permitted to affix any commemorative tablet or plaque to the items donated or to place one in the cemetery or elsewhere on Department of the Army property. (b) Processing. All proffers of donations to Army national cemeteries will be referred to The Adjutant General with the recommendation of the cemetery superintendent as to the action to be taken. (c) Conditional gifts. The Secretary of the Army is authorized, at his discretion, to accept, receive, hold, administer, and expend any gift, devise, or bequest of real or personal property on condition that the item be used for the benefit of, or in connection with, the operation maintenance, or administration of the two national cemeteries under the jurisdiction of the Department of the Army. The Adjutant General will take appropriate action on conditional gifts as prescribed in AR 1 100. (d) Unconditional gifts. All proffers or donations of gifts which are unconditional will be accompanied by a report stating all material facts in connection with the source, nature, and purpose of the gift. $553.7 Design and layout of Army national cemeteries. (a) General cemetery layout plans, landscape planting plans and gravesite layout plans for Army national cemeteries will be maintained by The Adjutant General. (b) New burial sections will be opened and prepared for burials only with the approval of The Adjutant General and after types and sizes of monuments on permanent sites have been established. (a) The Act of 2 September 1960 (74 Stat; 24 U.S.C. 295a) provides that the Secretary of Defense or his designee may send to Congress or his designee may send to Congress in January of each year recommendations on the memorials to be erected and the remains of deceased members of the Armed Forces to be entombed in the Arlington Memorial Amphitheater in Arlington National Cemetery. The Act further provides that— (1) No memorial may be erected and no remains may be entombed in the Arlington Memorial Amphitheater unless specifically authorized by Congress; (2) The character, design, or location of any memorial authorized by Congress is subject to the approval of the Secretary of Defense or of his designee. (b) Under the provisions of the Act of 2 September 1960, the Secretary of the Army has been designated to act in behalf of the Secretary of Defense. (c) The Department of the Army will seek the advice of the Commission of Fine Arts concerning any requests relative to inscriptions or memorials within the Arlington Memorial Amphitheater. § 553.9 Power of arrest. The superintendents of Army national cemeteries are authorized to arrest any person who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of the cemetery and to bring that person before any United States magistrate or judge of any district court of the United States within any State or district where the cemeteries are situated, to hold that person to answer for the misdemeanor, and then and there to make a complaint in due form. § 553.10 Solicitations. Solicitations to the public of any type of business including the sale of souvenirs and refreshments within the cemetery are prohibited. Violators who do not leave when so ordered or who unlawfully reenter the cemetery after being evicted will be subject to prosecution. 174-116 0-97--12 553.11 Procurement. Cemetery supplies and services will be procured in accordance with the provisions of the Armed Services Procurement Regulation (ASPR) and the Army Procurement Procedure (APP). § 553.12 Encroachments and revocable licenses. (a) Encroachments. No railroads will be permitted upon the right-of-way acquired by the United States leading to Arlington or Soldiers' Home National Cemetery or to encroach upon any roads or walks thereon and maintained by the United States. (b) Revocable licenses. The construction or erection of poles and lines (including underground lines) for transmitting and distributing electric power or for telephone and telegraph purposes, as well as water and sewer pipes, will not be permitted without the authority of the Department of the Army. Requests for revocable licenses to construct water, gas, or sewer lines or other appurtenances on or across the cemetery or an approach road in which the Government has a right-ofway or fee simple title or other interest will be submitted for final action to the cemetery superintendent with a complete description of the privilege desired and a map showing the location of the project on the roadway in question. The superintendent will forward the application and inclosures with his comments and recommendation to Headquarters, Department of the Army. maintenance, and operations. The following standards of the Department of the Army will be observed in the development, operation, maintenance, administration, and support of Army national cemetries and will be considered in relation to budgetary reviews within the Department of the Army: (a) As permanent national shrines provided by a grateful nation to the honored dead of the Armed Forces of the United States, the standards for construction, maintenance, and operation of Army national cemeteries will be commensurate with the high purpose to which they are dedicated. (b) Structures and facilities provided for Army cemetaries will be permanent in nature and of a scope, dignity, and aesthetic design suitable to the purpose for which they are intended. (c) Cemeteries will be beautified by landscaping and by means of special features based on the historical aspects, location, or other factors of major significance. (d) Accomodations and services provided to the next of kin of the honored dead and to the general public will be of high order. $553.14 Authority for interments. The Act of 14 May 1948 (62 Stat. 234), as amended by the Act of 14 September 1959 (73 Stat. 547; 24 U.S.C. 281), and other laws specifically cited in this part authorize burial in Arlington and Soldiers' Home National Cemeteries under such regulations as the Secretary of the Army may, with the approval of the Secretary of Defense, prescribe. $553.15 Persons eligible for burial in Arlington National Cemetery. (a) Any active duty member of the Armed Forces (except those members serving on active duty for training only). (b) Any retired member of the Armed Forces. A retired member of the Armed Forces, in the context of this paragraph, is a retired member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or a Reserve component who has served on active duty (other than for training), is carried on an official retired list, and is entitled to receive retired pay stemming from service in the Armed Forces. If, at the time of death, a retired member of the Armed Forces is not entitled to receive retired pay stemming from his service in the Armed Forces until some future date, the retired member will not be eligible for burial. (c) Any former member of the Armed Forces separated for physical disability prior to 1 October 1949 who has served on active duty (other than for training) and who would have been eligible for retirement under the provisions of 10 U.S.C. 1201 had that statute been in effect on the date of his separation. |