Army Regulation 200-3
Army Regulation 200-3
Army Regulation 200-3
Environmental Quality
Natural
ResourcesLand,
Forest and Wildlife
Management
Headquarters
Department of the Army
Washington, DC
28 February 1995
UNCLASSIFIED
SUMMARY of CHANGE
AR 2003
Natural ResourcesLand, Forest and Wildlife Management
This Army regulation-o
Addresses law enforcement for natural resources management (chaps 2 and 6).
Clarifies Armys hunting, trapping, and fishing permit fee program and
describes how fees may be used (chap 6).
Adds a glossary.
Adds an index.
Headquarters
Department of the Army
Washington, DC
28 February 1995
Contents
standby condition for future use by the Army, and those in an excess category (see AR
40590, para 62) for further guidance with
respect to excess properties).
(2) Federally owned State Army National
Guard operated installations and activities or
portions thereof which are in fulltime or intermittent use by the Army National Guard.
(3) Installations and activities, or portions
thereof, which are in fulltime or intermittent
use by the Army Reserve or ROTC.
(4) OCONUS installations shall comply
with this regulation as applicable, and as outlined in accordance with the Final Governing
Standards of the Overseas Environmental
Baseline Guidance Document (OEBGD) and
the laws for that particular host nation.
b. This regulation does not apply to
(1) Civil Works functions of the Corp of
Engineers.
(2) Facilities occupied by Army activities
as tenants when real property accountability
and control is vested in another military department of Government agency, such as the
General Services Administrations (GSA).
c. Nothing contained in this regulation or
in the Fish and Wildlife Cooperative Plans
negotiated with the State and Federal authorities will modify any rights granted by treaty
or otherwise to an Indian tribe or to members
thereof.
Proponent and exception authority.
The proponent of this regulation is the Assistant Chief of Staff for Installation Management. The proponent has the authority to
approve exceptions to this regulation that are
consistent with controlling law and regulation. Proponents may delegate the approve
authority, in writing, to a division chief under
their supervision within the proponent agency
Chapter 1
Introduction, page 1
Purpose 11, page 1
References 12, page 1
Explanation of abbreviations and terms 13, page 1
Responsibilities 14, page 1
Objectives 15, page 2
Chapter 2
Natural Resource Programming and Analysis, page 2
Program analysis 21, page 2
National Environmental Policy Act 22, page 2
Resource requirements 23, page 3
RCS1383 Budget Report 24, page 3
Installation Environmental Quality Control Committee 25,
page 3
Training 26, page 3
Contracting 27, page 3
* This regulation supersedes AR 42074, 1 July 1977 and AR 2109, 1 July 1978
UNCLASSIFIED
ContentsContinued
Memorandums of Understanding and Agreement 28, page 4
Legacy Resources Management Program 29, page 4
Access to military lands and waters 210, page 4
Multiple use 211, page 4
Land use limitations 212, page 5
Land productivity 213, page 5
Leases, easements, and other special land uses 214, page 5
Dust, erosion, and sedimentation control 215, page 6
Recycling of organic wastes 216, page 6
Fire protection 217, page 6
Management requirements 218, page 6
Coastal zone management 219, page 6
Beach protection 220, page 7
Wetlands 221, page 7
Natural resources law enforcement 222, page 7
Management records 223, page 7
Program evaluations, inspections and technical assistance 224,
page 7
Research and development needs 225, page 7
Hazardous substance damage to natural resources 226, page 7
Chapter 3
Land Management, page 8
Overview 31, page 8
Mission requirements for land and water 32, page 8
Inventory and classification 33, page 8
Integrated training area management (ITAM) 34, page 8
Chapter 4
Grounds Maintenance, page 8
Standards for ground maintenance 41, page 8
Grounds maintenance requirements 42, page 9
Cemeteries 43, page 9
Gardens 44, page 9
Greenhouses and lathhouses 45, page 9
Irrigation 46, page 9
Nurseries 47, page 10
Landscape plantings 48, page 10
Urban forest management 49, page 10
Installation aesthetics and the Army Communities of Excellence
Program 410, page 10
Chapter 5
Forest Management, page 11
Overview 51, page 11
Timber management 52, page 11
Forest pest control 53, page 12
Funding 54, page 12
Other than Army land 55, page 13
Chapter 6
Fish and Wildlife Management, page 13
Fish and wildlife management requirements 61, page 13
Authority to hunt, fish and trap 62, page 13
Installation permits and fees 63, page 13
Fish and Wildlife Cooperative Plan 64, page 14
Introduction of new or exotic species 65, page 14
Population management 66, page 14
Habitat management 67, page 15
Diseases affecting fish, wildlife, and domestic animals 68,
page 15
Chapter 7
Outdoor Recreation, page 15
Use of natural resources for outdoor recreation 71, page 15
Land use designation 72, page 15
Maintenance of recreational facilities 73, page 15
ii
Chapter 8
Recreational OffRoad Vehicles (ORV), page 15
Overview 81, page 15
Program requirements 82, page 16
Environmental considerations 83, page 16
Guidelines and criteria for evaluation and utilization of Army lands
for offroad vehicle use 84, page 16
Chapter 9
Plans, page 17
Scope 91, page 17
Criteria for the integrated natural resources management plan
92, page 18
Preparation 93, page 18
Revisions 94, page 18
Approval 95, page 18
Requirements control exemption 96, page 18
Chapter 10
Conservation awards, page 18
The Secretary of Defense Natural Resources Conservation Awards
101, page 18
Army Chief of Staff Natural Resources Conservation Award
102, page 18
Preparation 103, page 18
Submission of nominations 104, page 18
Section of Army nominees for the DOD awards 105, page 19
MACOM Award Programs 106, page 19
Chapter 11
Endangered/Threatened Species Guidance, page 19
Army policy on listed species 111, page 19
Summary of Primary Endangered Species Act Requirements
112, page 19
Compliance with the Endangered Species Act 113, page 20
Candidate and Statelisted species 114, page 20
Endangered Species Management Plan (ESMP) and Guidelines
(ESMG) 115, page 20
Preparation and approval of ESMPs and ESMGs 116, page 21
Formal consultation and conference procedures 117, page 22
Recovery plans and proposed designation of critical habitat 118,
page 24
Notice of ESA violations 119, page 24
Awareness training program 1110, page 24
Inventory of plants and wildlife 1111, page 25
Integrated Training Area Management (ITAM) Program 1112,
page 25
Funding 1113, page 25
Reintroduction and introduction of listed, proposed, and candidate
species 1114, page 25
Water rights 1115, page 25
Warning signs 1116, page 25
Appendixes
A.
References, page 27
B.
iii
RESERVED
iv
Chapter 1
Introduction
11. Purpose
This regulation sets forth policy, procedures, and responsibilities for
the conservation, management, and restoration of land and the natural resources thereon consistent with the military mission and in
consonance with national policies. Supporting guidance and details
are delineated in DA Pam 4207. The scope includes the conservation, management, and utilization of the soils vegetation, water resources, croplands, rangelands, forests, and fish and wildlife species.
12. References
Required and related publications and prescribed and referenced
forms are also listed in appendix A.
13. Explanation of abbreviations and terms
Abbreviations and special terms used in this regulation are explained in the glossary.
14. Responsibilities
Responsibilities for the Natural Resources Management Program are
assigned as follows:
a. The Assistant Secretary of the Army (Installations, Logistics,
and Environment (ASA(I,L,&E )), will
(1) Provide Secretariat oversight of Army natural resources management programs (land, forest, and fish and wildlife), including the
formulation, execution, and review of related policies, plans, and
programs.
(2) Appoint, within the Office of the ASA (I,L,&E), the Deputy
Assistant Secretary of the Army (ESOH) to administer the establishment of natural resources program objectives and the appraisal of
program performance.
b. The Assistant Chief of Staff for Installation Management
will
(1) Through the Directorate of Environmental Programs, Conservation Division, provide staff supervision of the Department of the
Army Natural Resources Program.
(2) In coordination with OASA (I,L,&E), formulate Headquarters, Department of the Army (HFQDA) policies, objectives, criteria, and standards for this program Armywide.
(3) Provide technical assistance to commands.
(4) Appraise and initiate training programs essential to maintain
technical capability of personnel engaged in natural resources management activities.
c. Commanders of major commands (MACOMs), field operating
agencies, and the Chief of the Army National Guard Bureau will
(1) Provide command and technical supervision of the Natural
Resources Management Program at installations under their command or jurisdiction.
(2) Assist their respective installations with the developing and
implementing programs to ensure conservation stewardship, compliance, surveys, uptodate plans and protection of resources to include wetlands, scenic areas, threatened and endangered species, and
other natural resource special interest areas.
(3) Conduct staff visits as required.
(4) Staff with appropriate natural resources management professionals (para 27 and the glossary ) who will
(a) Review technical adequacy of the installation natural resource
plans, programs, projects, reports, environmental documents, and the
equitable allocation of manpower, materials, equipment, and funding
requirements.
(b) Maintain surveillance over land utilization and management.
(c) Review proposals for use or restricted use of chemicals and
equipment in vegetative management in accordance with AR
42076 and approve as appropriate.
(d) Provide technical assistance to installations.
(e) Maintain professional proficiency through training, attendance
and participation at professional meetings, and by keeping abreast of
new developments and technical standards.
Chapter 2
Natural Resource Programming and Analysis
21. Program analysis
a. It is the Armys goal to systemically conserve biological diversity on Army lands within the context of its mission. The Army
recognizes that natural ecosystems play a vital role in maintaining a
healthy environment. Natural ecosystems can best be maintained by
protecting the biological diversity of native organisms and the ecological processes that they perform and that they are part of. Habitat
management is the key to effective conservation of biological diversity and the protection of listed species. Conserving native species
in numbers and distributions that provide a high likelihood of continued existence is a crucial element of biological diversity.
b. Special consideration will be given to soil and vegetation characteristics, surface and subsurface water, wetlands, archaeological,
and geological sites, flood plains, and wildlife resources in the
development, design, construction, and maintenance of an installation and the performance of its mission. See AR 42040. All reasonable efforts will be made to protect the land and water resources
to minimize loss, degradation, or destruction. Measures will be
taken to control sources of pollutants harmful to the land and its
resources.
c. All personnel will comply with the environmental quality policies and procedures specified in AR 2001 and AR 2002 and those
standards established by applicable federal, State, interstate, international SOFA, or local authority.
d. Natural resources is an integral part of the environmental management program and will be a specific part of the assessment of
continuing and planned programs as required by AR 2002. Commanders and their staff ensure that their installations comply with all
applicable federal, State, and local environmental laws. Failure to
comply may result in personal liabilities.
22. National Environmental Policy Act
a. The National Environmental Policy Act (NEPA) establishes
policies and goals for the protection and enhancement of the environment. Integrated natural resources management plans require appropriate environmental review according to the NEPA and AR
2002, prior to implementation of the plans objectives. Public review and/or comment periods are required for Environmental Assessments (EAs) and Environmental Impact Statements (EISs) prior
to implementing the plan. The appropriate level of environmental
documentation will be determined based upon requirements set forth
in NEPA and AR 2002 on a installation by installation basis.
Issues of concern related to impacts on natural and cultural resources include, but are not limited to, endangered species, wildlife,
riparian zones, flood plains, wetlands, archeological and historic
sites, offroad vehicle use, sedimentation, erosion, timber harvesting, and nonpoint source pollution.
b. It is Army policy to integrate environmental reviews concurrently with other Army planning and decisionmaking actions to
avoid delays in mission accomplishments. All natural resources
management plans developed, updated, or revised require some
level of environmental review according to AR 2002. Natural resources management plans should be incorporated into Installation
Master Plans as a supplemental document, or component plan
according to AR 20020, to allow for consolidation when developing the installation master plan NEPA document. Otherwise, NEPA
compliance for the Natural Resources Management Program must
be accomplished to specifically address the environmental impacts
of the proposed natural resources management program, either during the initial development of the Integrated Natural Resources
Management Plan or when the major fiveyear revision to the Plan
is conducted.
c. Environmental documentation, to support NEPA compliance
requirements, for Installation Master Plans, including the natural
resources component plans, will be accomplished with installation
appropriated funds. Any interim environmental documents required
to support ongoing natural resources programs may be funded by
reimbursement from income generated by that program, (for example, agricultural and grazing outlease, forestry, or fish and wildlife
permit fee income). Natural resources reimbursable funds will only
be used to support those environmental documents directly related
to the individual programs.
d. Interim measures will be implemented to ensure thrat the quality of the environment is not adversely affected by ongoing natural
resources efforts identified in existing Plans and that compliance
with other environmental laws is existing Plans and that compliance
with other environmental laws is accomplished. If any potentially
significant environmental impacts, (for example, endangered species, archaeological resources, or impacts on wetlands), are identified, compliance is required prior to the initiation of the action.
Analyses of the impacts of activities or projects, (for example,
training ranges, housing projects, road construction, and weapons
system testing) on the installation natural resources are the responsibility, including funding, of the proponent of the activity or
program.
landscape enhancement, and protection through the selfhelp program, natural resource enhancement, protection, and compliance,
and cooperation with local communities.
26. Training
a. Interdisciplinary training is essential for DOD natural resource
mangers. The training it to address practical job disciplines, statutory compliance requirements, applicable DOD/DA regulations, pertinent State and local laws, and current scientific and professional
standards as related to the conservation of our nations natural
resources. The natural resource training objective is to identify technical requirements as well as the resources (cooperative agreements,
Legacy, ITAM, MOUs, and so forth) available to implement and
execute a successful and proactive program. The goal being to
maintain and enhance the military mission, biodiversity, conservation stewardship, and the management of the total ecosystem from
the practical standpoint of day to day operations as well as long
term planning.
b. On installations with listed species, critical habitat, or other
environmentally sensitive areas, training and testing directorates, in
coordination with the installation engineer (or the environmental
directorate when appropriate) will establish a mandatory, ongoing
awareness program for all personnel, military and civilian, who may
have contact with listed species or their habitat. Refer to chapter 11
(section 1110) for specific training requirements.
c. The DPW, or appropriate environmental directorate, will provide for periodic and comprehensive technical instruction and training of natural resource management personnel responsible for the
control of insects and plant pests.
d. Personnel engaged in weed control operations (including control of objectionable trees, brush, poisonous plants, and aquatic
plants) require special training in handling pesticides and associated
equipment. Training and certification requirements are outlined in
AR 42076.
e. Persons engaged in the care and maintenance of lawns, trees,
shrubs, and other landscape plants should participle in training related to site preparation, soil management, fertilization, turf management, tree care and protection, integrated pest management (IPM),
and other horticultural skills.
f. Persons involved in Natural Resource Law Enforcement require special training to meet legal requirements and liability
protection.
g. Persons involved in natural resource protection and management should participate in training related to wetlands classification,
mitigation, rehabilitation and protection. Wetland training courses
are available form the Corps of Engineers (COE).
h. Maximum utilization will be made of locally available training
(for example, extension service, university, professional and trade
organizations, Government, commercial) and that offered by the
armed services.
i. Professional natural resource management personnel
(agronomists, wildlife biologists, foresters, and range conservationists) are encouraged to participate in continuing their educational opportunities at universities and professional society
functions. This includes leadership, management and compliance
training, certifications, and professional development.
j. All personnel engaged in a hazardous waste operation must
fulfill the training requirements set forth in Title 40 Code of Federal
Regulations (CFR) Part 264.16
27. Contracting
a. The management and conservation of natural resources under
Army stewardship is an inherently Governmental function. Therefore, the provisions of AR 520 (commercial activities program) do
not apply to the planning, implementation, enforcement or management of Army natural resources management programs. However,
support to the natural resources programs, where it is severable from
management, planning, implementation or enforcement actions of
natural resources may be subject to the provisions of AR 520.
b. Personnel positions which have been validated as required for
the planning, implementation, enforcement, and management of the
uses requires a permit from the COE. Contact the district engineer.
The installation commander
(a) Prepares reports of availability of land for outleasing according to the procedures given in AR 40580. Agricultural leases will
be reviewed for their potential effect on significant historic properties according to AR 42040, chapter 3.
(b) Includes with the report of availability appropriate portions
from the natural resources management plan including applicable
threatened and endangered species management plans and land use
regulations which pertain to the management of the area made
available. Also, includes any other technical provisions outlining
conservation measures and practices to be performed by the lessee
on the area to be leased which will assure the maintenance and/or
improvement of soil productivity and the associated environment.
Technical provisions and conservation practices are to be developed
in cooperation with the Soil Conservation Service (SCS) and contained within an SCS Farm Plan for each agricultural/grazing lease
on the installation.
(c) Ensures that outleased areas are available to the maximum
extent practicable for concurrent compatible uses.
(d) Periodically inspects outleased lands to ensure compliance
with maintenance, conservation and environmental requirements and
report noncompliance to the District Engineer for enforcement.
(e) Provides for the maintenance, protection, repair, and restoration by the lessee of the area leased.
(f) Ensures that installation hazardous materials and waste surveys and restoration activities are conducted in a manner which
supports agricultural leasing.
(2) MACOM natural resources management professionals will
review all technical provisions outlining land use and conservation
practices to ensure their compliance with good agricultural and
environment concepts.
(3) Changes and amendments to existing leases which affect the
conservation and management practices, including maintenance activities performed, will be a thoroughly coordinated procedure involving the installation (including the Environment Quality Control
committee (EQCC)), the MACOM natural resources management
professional, and the District Engineer prior to implementation.
(4) Outgrant holders desiring to apply pesticides or conduct animal damage control on Army property, or to contract for such work,
must accomplish all tasks according to the approved installation pest
management plan. Excluded are outleases whose contract contains
provisions for lessees to assume full responsibility for the application of pesticides and animal damage control on their leases according to the provisions of applicable federal laws and regulations. See
AR 42076. Supplemental agreements to existing leases should be
negotiated to amend them to comply with this provision. All pesticide uses will be reported by the responsible installation in accordance with AR 42076.
(5) All revenues from agriculture and grazing outleases will be
deposited to the Army account established for that purpose and will
be available through established budget procedures (section 2667,
title 10, United States Code (10 USC 2667), Outleasing for Grazing
and Agricultural on Military Lands) for
(a) Administrative and operational expenses of agricultural
leases.
(b) Initiation, improvement, and perpetuation of agricultural
leases.
(c) Preparation revisions, and requirements of integrated natural
resources management plans.
(d) Implementation of integrated natural resources management
plans.
(6) Requirements for funds derived from lease proceeds will be
identified annually in the 1383 Budget Report to the MACOM in
accordance with guidance provided by the Directorate of Environmental Programs, ACSIM. ASCIM will provide HQDA with guidance on MACOM reimbursement authority based on requirements
identified and funds available.
b. Rightsofway or easements. For rightsofway or easements
will be in accordance with the installation Fish and Wildlife Cooperative Plan and will be performed by Natural Resources Law Enforcement professionals and/or Provost Marshal if practicable, or as
required under the SOFA, OCONUS.
223. Management records
Installation records and reporting requirements of natural resources
management activities will be developed and maintained on an annual (fiscal year) basis. Information maintained will include, as a
minimum, that required to develop and implement the Integrated
Natural Resources Plan and complete the Army Compliance Tracking System (ACTS) (RCS: DDP&L(A)1485) (previously required
on the Defense Environmental Management Information System
(DEMIS)) Guidance on completing the ACTS will be provided
annually by HQDA. Questions concerning the preparation of the
report will be directed to the U.S. Army Environmental Center
(SFIMAEC). Installations will submit annual work plans as instructed by MACOMs.
224. Program evaluations, inspections and technical
assistance
a. Appropriate Headquarters, DA, MACOM, and field operating
agency commanders will make scheduled and special visits to installations to provide technical assistance and to ensure compliance
with applicable environmental standards. Technical reviews and
onsite assessments of installation natural resources programs will
be conducted at least every 3 years by command natural resources
management professionals. Necessary corrective action are to be
taken. These programs will be incorporated, when possible in management reviews (that is, staff visits are according to AR 42010).
b. The Environmental Compliance Assessment System (ECAS)
program requires each installation to have an external compliance
assessment conducted at least once every four years as a means of
achieving, maintaining, and monitoring compliance with applicable
Federal, State, and local environmental laws.
c. Information obtained through the ACTS and ECAS programs
will be used to evaluate program status, resource requirements,
compliance with applicable host nation overseas baseline environmental guidance document, Federal, State, and local environmental
laws and regulations, and overall program progress.
225. Research and development needs
a. The Army will maintain a Natural Resources R&D program as
part of the R&D effort in support of military installations. This
program will be funded primarily with R&D funds and may be
supplemented by O&M and reimbursable funds.
b. The Environmental Programs Directorate, Conservation Division, is the user community representative to articulate R&D requirements to the R&D community. The Conservation Division will
annually integrate all R&D requirements and provide them to the
Corps of Engineers (COE) during the annual Natural Resources
R&D program review. Coordination with R&D performed by other
military departments and agencies (that is Waterways Experiment
Station, Construction Engineering Research Laboratory, Cold
Region Research and Engineering Laboratory, USDA, USDI, colleges and universities) will be maintained to avoid duplication and
provide for utilization of research accomplished by others. Installations and MACOMS will provide prioritized R&D requirements,
validated by their appropriate EQCC, to the Army Environmental
Center (AEC). The AEC will consolidate these requirements and
forward them to the Conservation Division for development of an
integrated Army R&D program. R&D program requirements must
be articulated.
226. Hazardous substance damage to natural resources
If release of a hazardous substance by another party causes environmental damage to natural resources under Army control, that party
is potentially liable. While it is the responsibility of the Army to
remediate the hazardous substance, recovery of remediation expenses from the responsible parties may be attempted through legal
action.
Chapter 3
Land Management
31. Overview
a. Land management operations will be consistent with the latest
conservation and land management principles which are continuously applied in an orderly and timely manner. Carrying out
national land use and conservation policies is required on all federal
lands to the extent practicable and in concert with the assigned
mission. Commanders within the continental United States (CONUS) will actively cooperate with local, State, and federal organizations in the carrying out of national land use and conservation
policies in accordance with accepted scientific and professional
standards and practices.
b. Appropriate decisionmakers and commanders at all levels
shall be kept informed of the condition of natural resources, the
objective of natural resources management plans, and potential or
actual conflicts between Army activities and management plans;
federal, State, or local laws or regulations; or the policies and
procedures herein.
32. Mission requirements for land and water
a. The installation commander will plan land utilization with an
awareness of the potential environmental effects of proposed actions. Mission requirements for the land will avoid or minimize
adverse effects and restore or enhance environmental quality. Actions will be carried out in accordance with the provisions of this
AR and AR 2001, AR 2002, AR 21021, and applicable federal,
State, and local laws and regulations.
b. The natural resources management professional will be an active participant in all planning and decisionmaking activities regarding uses of the land to ensure that current and planned mission
activities (for example, master planning, construction requests, site
approval requests, and training exercise plans) are conducted in a
manner which is compatible with natural resources and other environmental requirements. The inventory process, Land Condition
Trend Analysis (LCTA), will identify and evaluate the condition
and potential trends of wetland, marine, and estuarine land,
grasslands, soils, scenic and natural areas, aesthetics, threatened and
endangered species habitats, and other sensitive natural resources.
33. Inventory and classification
a. The initial step to be taken in the development of a multiple
use natural resources management program requires a survey, inventory, and classification of the resources present and their status. The
inventory will identify and evaluate the condition and potential
trends of wetland, marine, and estuarine areas, fresh water, forest
land, grasslands, soils, threatened and endangered species habitat,
scenic and natural areas, aesthetics, and any other significant environmental elements. Surveys and inventories, at a minimum, will
also identify endangered and threatened species of flora and fauna,
federal candidate and State listed species (refer to section 1111),
critical habitat, native ecosystems, and archeological and historic
sites. When inhouse capability is not adequate to accomplish this
task, maximum use should be made of assistance from the
MACOM, Corps of Engineers, and cooperating federal, State, and
local agencies.
b. In order to provide for comparability and analysis of inventory
and status data on an Armywide basis, the standards of the Army
Land ConditionTrend Analysis (LCTA) method will be applied
when evaluating and managing Army lands. Standardized data obtained from LCTA application will be used in making land use
decisions (for example, integrated natural resource planning, threatened and endangered species management plan development, master
Chapter 4
Grounds Maintenance
41. Standards for ground maintenance
a. Grounds will be maintained at the levels and intensities necessary to meet the designated use criteria, protect, and enhance the
natural resources, and ensure a pleasing appearance in harmony with
the natural landscape. Designated turf areas will be maintained (renovated, seeded, aerated, fertilized, and irrigated) to the degree required to maintain a permanent vegetative cover of desirable plants
necessary to support the intended use. Guidance available from local
agricultural agencies and universities will be used in determining the
most adapted species of vegetation and the maintenance practices
necessary to meet the designated use. Improved grounds will be
maintained at a level comparable with similar public facilities in the
area. The Army Community of Excellence (ACOE) and selfhelp
programs are to be an integral and active force in grounds maintenance/landscape improvements and installation beautification initiatives. The appropriate environmental directorate is to provide
technical guidance and approved materials to all interested occupants, building managers, tenants, as well as other personnel interested in improving their living and working areas on the installation.
b. Costs for maintaining grounds will be minimized by providing
the least amount of mowed area and landscape plantings necessary
to accomplish management objectives and by the use of low maintenance species, agricultural leases, reforestation, natural areas, and
wildlife habitat. Standards for maintenance of all categories of
grounds will comply with TM 5630.
42. Grounds maintenance requirements
a. Government owned facilities. Except as specified in (1) and (2)
below, grounds maintenance services are facilities engineering
requirements:
(1) Fami1y housing. See AR 21050 for command and occupant
requirements for Government owned family quarters.
(2) Bachelor housing.
(a) Separate lawns. For Government owned quarters having separate lawns (for example, separate dwellings or sidebyside
duplexes), occupants will mow lawns with power or handpushed
mowers, irrigate lawns and shrubs, cultivate shrubs, edge adjacent to
paved surfaces and flower or shrub beds, and remove leaves, paper,
bottles, stones and other litter. Boundaries should be established
which clearly delineate the extent of grounds assigned to each occupant for use and maintenance. Boundaries will correspond to the
limits of the logical yard of each dwelling but normally will be not
more than 50 feet from the dwelling. Grounds maintenance outside
these boundaries may be performed by the installation.
(ForSelfHelp Program criteria, see AR 42022.)
(b) Communal lawns. For other Government owned housing having lawns common to more than one occupant (for example, barracks, Bachelor Officers Quarters (BOQs) and apartments),
occupants will perform grounds maintenance services as in (a)
above. If impracticable, these services will be performed as a facilities engineering activity.
b. Leased facilities. Except as specified in (1) and (2) below,
grounds maintenance services are lessor and lessee functions.
(1) Family housing leases. See AR 21050 for command and
occupant responsibility for leased quarters.
(2) Other leases in the United States.
(a) Separate lawns. For Government leased housing and quarters
having separate lawns, (for example, separate dwelling or
sidebyside duplexes), occupants will perform grounds maintenance services as set forth in a(2)(a) above, using tools furnished by
the Government.
(b) Communal lawns. For other Government leased housing having lawns common to more than one occupant (for example, BOQs
and apartments), lease instruments will delineate lessee and Government functions.
(3) Other leases in overseas areas. Requirements for grounds
maintenance of Government leased housing facilities will be predicated upon the customs and practices of the country; lease instruments will specifically delineate lessor and U.S. Government
functions.
c. Recreational facilities. For information on recreational facilities, see paragraph 73.
43. Cemeteries
The installation commander has jurisdiction over post, private, and
prisonerofwar cemeteries located on Army installations, and
maintains and operates as follows:
a. At active installations.
(1) Post cemeteries. (See AR 210190).
(a) Standards of maintenance will be equal to those authorized
for other intensively maintained grounds. Areas will be protected as
required by fencing, and will be kept orderly. Care will be taken to
prevent damage to monuments, markers, and headstones. These will
be kept clean and will be reset and realigned when necessary.
(b) As required, graves will be opened and closed, temporary
headboards provided and placed, and permanent headstones set.
(2) Private cemeteries. It is DA policy to acquire title to all
private cemeteries within boundaries of installations owned in fee
by the United States. For the purpose of this regulation, a private
cemetery is any cemetery or burial plot on the installation which,
regardless of present ownership, was initially owned by a person or
agency other than the United States.
(a) When the deed of conveyance is silent with respect to maintenance or access to a private cemetery, or separate agreements with
private parties have not been made, the installation commander will
oversee maintenance, as follows: Excessive shrubs and trees will be
removed; fencing for protection when required; headstones
destroyed or seriously damaged by military activity will be replaced;
and grounds will be kept clean and orderly. Public access will be
allowed when consistent with safety and military security.
(b) When the deed of conveyance or separate agreement with
private parties requires the United States to provide maintenance or
access, standards of maintenance in (a) above apply.
(3) Prisonerofwar cemeteries. Standards of maintenance in
(2)(a) above apply.
b. At inactive installations. For the three types above, minimum
standards of maintenance apply. Included is a periodic mowing,
removal of brush, repair of fences, and resetting of headstones and
markers, as required to maintain a neat appearance. These standards
will also apply to cemeteries that remain after real estate disposal
action has been completed for the remainder of the installation.
c. Pet cemeteries. Maintenance of pet cemeteries is not a facilities engineering responsibility. No new pet cemeteries will be established. Appropriated funds will not be used to maintain established
pet cemeteries. Neglected pet cemeteries will have markers removed
and be maintained by the facilities engineer at a level equivalent to
the surrounding area.
44. Gardens
Preparation (plowing, harrowing, and discing) of a community type
garden in excess of one quarter acre in size may be performed as a
facilities engineering function. Preparation of smaller garden plots
and the cultivation, maintenance, harvesting, and cleanup of vegetable and/or flower gardens will not be accomplished as a facilities
engineering responsibility.
45. Greenhouses and lathhouses
a. The maintenance of greenhouses and lathhouses designated by
The Surgeon General for therapeutic purposes, and by the Provost
Marshal General for vocational training purposes at U.S. disciplinary barracks, is a facilities engineering activity (including the provision of utilities necessary for operation). Furnishing of operating
personnel (including supervisory) is the responsibility of the using
activity.
b. Appropriated funds will be used for maintenance and operational support of only those greenhouses and lathhouses designated
as set forth in a above.
46. Irrigation
a. Irrigation will be limited to areas where it is essential to
establish and maintain required vegetation or when an agricultural
outlease contract requires it. Lessees using installation water supplies will be charged for water and electrical power to pumps.
b. Installations in arid areas will not use irrigation to create environments to grow nonarid plants. Arid and semiarid installations
will make maximum use of desert and low moisture (xeric) requiring landscape materials. Irrigation in arid areas will, at most, be
limited to selected high visibility areas or where required to maintain vegetative cover to meet the designated use (such as golf course
greens).
c. Installations will cooperate with and comply with state and
local water conservation initiatives and restrictions which are mutually beneficial and which will not have a detrimental impact on the
military mission.
d. A water conservation plan will be included in the natural
resources management plan at installations where irrigation is
practiced.
47. Nurseries
Expenditure of appropriated funds is not authorized for the operation of commercial plant nurseries. Trees and shrubs will be obtained from commercial nurseries and federal and state agencies
when available. If economical, and in compliance with the Integrated Natural Resource Management Plan and the Installation
Master Plan, trees and shrubs from planted as well as natural areas
may be used providing they can be transplanted with sufficient roots
and soil to meet American Association of Nurseryman Standards
(ANSIZ60), and that the site and associated biological resources
will not be adversely impacted.
48. Landscape plantings
a. All planting, pruning, cultivation, and other maintenance will
conform to criteria in TM 5630, ANSIZ60 standards, and the
approved Installation Design Guide.
b. Trees and shrubs will be removed if they have become terminally plagued by insect or disease problems, high maintenance
costs, health or safety hazard to persons or property, or have become noncomplementary to architectural features of the building
area.
c. Justification and merits for landscape and urban forestry expenditures in the urban ecosystem include: energy conservation,
preservation of historic and specimen trees, grounds maintenance
cost savings, beautification and increased property values, increased
species and habitat biodiversity, improved living and working conditions, soil conservation, enhancement of water supplies, control of
runoff and nonpoint sources of pollution, and good land
stewardship.
d. Landscaping will be functional in nature, simple and informal
in design, meet professional standards for species, design and installation; be compatible with adjacent surroundings, and complementary to the architectural features and the overall natural setting of the
area. Formal landscape designs will be limited to specific high
visibility areas including main building and road entrances, ceremonial areas, and other special use sites as warranted. Emphasis will be
on the use of low maintenance indigenous plants. Normally not
more than onefourth of an individual foundation perimeter will be
planted with shrubs or trees. In arid and semiarid areas, use water
efficient (xeric) plants. A viable Landscape Planting Plan will be an
integral part of the Integrated Natural Resources Management Plan
Installation Design Guide under the Master Plan.
e. The expenditure of appropriated funds for shearing hedges and
ornamental plants into formal or decorative designs is not authorized
except as specifically prescribed in the approved planting plan.
f. Climbing vines, shrubs, and trees which block or damage windows, eaves, gutters or other construction components will be
pruned or eliminated, whichever is most feasible.
g. Plantings which reduce visibility or otherwise constitute a traffic hazard near street intersections, walks, and drives will not be
permitted.
h. All landscape plantings will be compatible with other grounds
maintenance requirements and will be coordinated with, reviewed,
and approved by the Facility Engineer, Master Planning, utilities,
10
Chapter 5
Forest Management
51. Overview
a. The Army forest management program is required to support
and enhance the immediate and long term military mission and meet
natural resource stewardship requirements set forth in federal laws.
Forest ecosystems perform important, sometimes unique, natural
resource functions in which we inheritantly value, and which are of
benefit to all living things. The objectives and benefits of forest
ecosystem management include; biodiversity of species and habitat;
natural beauty; outdoor recreation opportunities; wildlife habitat,
including habitat for threatened and endangered species of plants
and animals; soil conservation and watershed protection, including
erosion control; improvement of air and water quality; sustained
production of commercially valuable forest products; noise abatement; and the sustainment of viable and diversified training lands to
meet the military mission.
b. It is Department of the Army policy to maintain, restore, and
manage its forest lands on a ecosystem basis. The harvesting of
forest products, including other consumptive and nonconsumptive
activities that take advantage of the forest environment, are allowed
11
is a current and approved Forest Management Plan and environmental documentation as applicable under NEPA and federal, State, and
local environmental compliance standards.
(b) The level of NEPA documentation required for a proposed
action is to be determined from the Baseline Data and a Biological
Assessment or Evaluation. The Natural Resources Management Plan
(including the Forest Management section) is to be integrated with
the Installation Master Plan EA/EIS. An EA is normally required for
commercial timber sales and harvests. Based on NEPA policies and
procedures, some actions do not individually or cumulatively have a
significant impact on the environment, and therefore, may be
Categorically Excluded (CX) from an EA or EIS documentation.
CXs may include the salvaging of wood products from dead and
dying trees, trees that are designated to be removed based on approved construction and applicable EA or EIS, thinning of young
overstocked timber stands, or timber stand and/or wildlife habitat
improvement activities which do not include the use of pesticides. A
Record of Environmental Consideration (REC) is required for each
CX. The NEPA evaluation process must be adhered to for all proposed actions. Refer to AR 2002.
(c) Installation commanders are authorized to sell small volumes
of forest products in conformity with AR 40590. This includes
standing timber, products remaining after harvest and/or forest management operations (for example, tops, fuelwood, Christmas trees,
greens); and dead, dying, damaged or fallen trees resulting from
fire, construction, insect and disease or storms, according to the
Integrated Natural Resource Management Plan.
(2) Disposal action.
(a) Installation commanders will submit, when appropriate, an
annual report of availability to the MACOM during the current FY
for all timber planned for disposal during the upcoming FY. See DA
Pam 4207 for preparation of reports of availability.
(b) The MACOM will review and take appropriate action as
recorded in (1)(a) above and submit approved reports of availability
to the appropriate Corps of Engineer Division for disposal action.
See AR 40590.
(c) In addition to b(l)(c) above, small volumes of timber may be
sold for the installation by the Defense Reutilization and Marketing
Officer or the District Engineer. See AR 40590. Proceeds from all
Army timber and forest product sales will be deposited to Deposit
Fund Account 21F3875.3960 20C S99999. Additional guidance on
sales by installation commanders is contained in DA Pam 4207.
(d) Commercial forest products will not be given away, abandoned, carelessly destroyed, used to offset costs of contracts, or
traded for products, supplies, or services. All forest products are to
be accounted for and commercial harvests completed prior to the
start of any construction that may impact forest resources. When
forest products are removed from Army lands by any means other
than a commercial timber sale, a dollar amount equal to the fair
market value is to be deposited to Budget Clearing Account
21F3875.3960 20C S99999 for products removed. Forest products
may be used on the installation for training purposes without credit
to the forestry account. Records of such actions are to be maintained
and reported annually on the Army Compliance Tracking System
(ACTS) (previously required on the Defense Environmental Management System (DEMIS)).
(e) Forest products may be harvested to generate electricity or
heat provided a dollar amount equal to the fair market value is
deposited to Budget Clearing Account 21F3875.3960 20C S99999
and the installations program where the timber was harvested is
credited with the income. The approved Integrated Natural Resources Management Plan, Forest Management Section, should note
that installation forest products may be harvested for the purpose of
generating electricity or heat on the installation and a record of such
action is maintained by the DEH.
(f) Approved timber sales will continue on land reported as excess until land transfer occurs. Clearcuts on Army forest areas are
prohibited unless approved for a specific management purpose.
12
Thinnings, intermediate harvests, and salvage cuts are to be continued if the actions are described and planned in the approved Integrated Natural Resources Management Plan. That portion of the
proceeds from sales of land that is attributable to the value of
standing timber on the land sold will be deposited to Budget Clearing Account 21F3875.3960 20C S99999.
(3) Installation sawmill and the logging operations incident
thereto are not authorized except
(a) To the degree required to train troops in specialized construction activities.
(b) When necessary to prevent the compromise of security
information
53. Forest pest control
a. Refer to the installations Integrated Pest Management and Forest Management Plans for major pest problems and recommended
controls.
b. Section 5 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101) authorizes the Secretary of Agriculture to protect
trees and forests, wood products, stored wood and wood in use from
insects and diseases. The Forest Service has the delegated responsibility for carrying out the provisions of the Cooperative Forestry
Assistance Act on National Forest Service lands and in cooperation
with other Federal land managing agencies, the States and private
land owners on other forest lands. It is intended that the USDA
Forest Service will provide technical assistance and appropriate
funds to meet specific pest management project objectives as
follows:
(1) Provide foliage protection.
(2) Reduce specific insect and disease populations.
(3) Reduce the risk of artificial spread to uninfested areas.
(4) Prevent tree mortality.
c. A Memorandum of Agreement between the United States Department of Agriculture (USDA) and the United States Department
of Defense was signed on 11 December 1990 for the Conduct Of
Forest Insect And Disease Suppression On Lands Administered By
The U.S. Department Of Defense. Installations should have a written Interagency Agreement with the USDA Forest Service for specific cooperative assistance programs. The agreement should
identify the project and acknowledge that the Forest Service will
provide technical assistance including population monitoring, surveys, biological evaluations, trends and projected damage, with consideration of environmental and economic impacts.
d. Annual appropriations under the Cooperative Forestry Assistance Act and the Memorandum of Agreement will be based on
estimated suppression costs developed by the Forest Service, the
Department of Defense, other Federal agencies, States and other
cooperating entities. Milestones for forest pest suppression projects
are as follows:
(1) AprilHeadquarters Natural Resources and/or Pest Management Professionals (NR/PMPs) to inform MAJCOM/EFD/District
Offices of the technical assistance available from the USDA Forest
Service Regional Offices and to request from installations under
them a list of proposed forest pest suppression projects for funding
under the MOA.
(2) SeptemberHeadquarters NR/PMPs receive submissions of
project accomplishments for the previous fiscal year and lists of
forest pest suppression projects for the next fiscal year from MAJCOM/EFD/District Offices.
(3) October 15Headquarters NR/PMPs submit lists of previous
year project accomplishments and prioritized projects for the next
fiscal year to the Executive Director, AFPMB.
(4) November 15Executive Director, AFPMB submits lists of
projects as formal requests to the chief of the USDA Forest Service.
(5) November 30DoD USDA Forest Service determines which
forest pest suppression projects will be funded using Forest Service
appropriations.
54. Funding
a. Financial support. The Army Forest Management Program
begins each FY with zero dollars in its operating account. Until
Chapter 6
Fish and Wildlife Management
13
14
Chapter 7
Outdoor Recreation
71. Use of natural resources for outdoor recreation
a. Whenever practicable, Army lands with suitable natural resources will be managed to allow for outdoor recreational opportunities. The policies and procedures in this chapter apply to those
outdoor recreation programs and opportunities as defined in the
glossary and take precedence over AR 2152.
b. Conservation of outdoor recreation resources will be considered in all plans, programs, site feasibility studies, and project planning and design.
c. Installations having natural resources suitable for outdoor recreation in addition to hunting, fishing, and trapping are encouraged
to develop cooperative agreements with the National Park Service
and appropriate state agencies to facilitate the development and
management of those programs. Development of the installation
Outdoor Recreation Plan (see TM 580312) is a joint responsibility
of the DEH, or the appropriate environmental directorate, and the
Directorate of Personnel and Community Activities. The appropriate
environmental directorate will address that portion of the plan that
deals with the biological management of game species and natural
resources while the Directorate of Personnel and Community Activity addresses the movement of persons, special events, and organizations elements of outdoor recreation. The Director of Personnel and
Community Activities will take the lead and coordinate with the
DEH for development of the installations Outdoor Recreation Plan.
d. Public access to Army properties for the purpose of outdoor
Chapter 8
Recreational OffRoad Vehicles (ORV)
81. Overview
a. Army is a trustee of public lands and has a responsibility to
protect and enhance environmental quality, conserve natural resources, and provide opportunities for outdoor recreation. However,
it must be recognized that land under Army control was acquired
solely for national defense purposes. Other uses are, therefore, secondary to mission needs.
b. All land and water areas will be closed to offroad recreational
use by motorized ORVs except those areas and trails which are
determined suitable and specifically designated for such under the
procedures established in this regulation.
(1) In determining suitability of areas and trails for ORV use,
each type of motorized ORV will be considered separately, taking
into account its potential environmental impact, the seasonal nature
of its use and opportunities for counterseasonal use with other
recreational uses.
15
(2) The characteristics of use of one type of motorized recreational ORV will not affect or govern regulations on the use of an
area or trail by another type of ORV use.
c. When ORV use is permitted, the intensity, timing, and distribution will be carefully regulated to protect the environmental values. In designating suitable sites, equitable treatment should be
given to all forms of outdoor recreational activity and, where possible, nonconflicting use will be encouraged on existing trails. Prior to
designating such areas or trails for ORV use, the environmental
consequences must be assessed and environmental statements prepared and processed when such assessments indicate that the proposed use will create a significant environmental impact or be
environmentally controversial (AR 200-2). This procedure applies
to all areas, including areas under consideration as well as those
areas which are currently designated or being used by ORVs.
d. If the installation commander, or his or her designee, determines that ORV use is causing or will cause considerable adverse
effects on the soil, vegetation, wildlife, wildlife habitat, or cultural
or historic resources, he or she will immediately prohibit the type of
ORV use causing such effects and, if necessary, close such designated sites. Restrictions on ORV use or closure of designated sites
will remain in effect until such adverse effects have been eliminated, including site restoration if necessary, and appropriate measures implemented to prevent any such recurrence.
e. Persons abusing the ORV use privilege will be barred, with
their vehicles, from access to the Army installation for ORV use.
Further action, as appropriate, may be taken under 18 USC section
1382. Violations of federal or State laws applicable to Army installations under title 18 USC (Assimilative Crimes) may be referred to
a U.S. Magistrate according to AR 2740 and AR 19029.
f. The limitations imposed by this regulation on offroad travel
by ORVs do not apply to official use. It is Army policy to minimize environmental degradation of sensitive portions of facility sites
which play a significant ecosystem support role.
82. Program requirements
Commanders of Army installations and activities in the United
States permitting ORV use
a. Develops policy and procedures prescribing operating conditions for motorized ORVs and nonmotorized mountain bikes
which are designed to protect resource values; preserve public health, safety, and welfare; and minimize use conflicts. These procedures will include as a minimum the following:
(1) Registration: ORVs used both on and off the traffic way will
be registered according to AR 1905. ORVs operated solely off the
traffic way will be registered at the discretion of the installation
commander.
(2) Fees: Installation commanders are authorized to impose appropriate fees and charges for ORV activities according to AR
2152, as an element of the Outdoor Recreation Program. Such fees
and charges are accounted for as income to nonappropriated funds
according to AR 2155.
b. Ensures that lands where ORV use will be permitted are designated in the integrated natural resources management plan and
where appropriate included as part of the installations master plan
(AR 21020).
c. Provides opportunities for users to participate in the selection
and designation of suitable sites, and distribute information which
identifies authorized sites and describes the conditions of use. Organized recreational activities involving offroad vehicles are within
the scope of responsibilities of the Outdoor Recreation Program of
the Directorate of Personnel and Community Activities.
d. Posts appropriate signs at authorized areas and trails.
e. Provides for the administration, maintenance, enforcement, and
policing of trails and areas to ensure that conditions of use are met
on a continuing basis.
f. Establishes appropriate procedures to monitor the effects of the
use of ORVs and provide for maintenance of the ORV areas or
trails. This monitoring will be the basis for changes to installation
policy to ensure adequate control of ORV use, amendment of area
16
Chapter 9
Plans
91. Scope
a. Integrated natural resources management plans, as referenced
to in the Sikes Act, will be developed and maintained for all Army
installations. These plans will be prepared, implemented, and monitored by natural resources management professionals. The plans will
be coordinated with appropriate federal, State, and local natural
resources managers and agencies with natural resources expertise
and will be made available for public comment. The plan will
include, as appropriate, parts: I General; II Land Management and
Grounds Maintenance; III Forest Management; IV Fish and Wildlife
Management; and V Outdoor Recreation. Plans will be used to
assist planners and implementors of mission activities as well as
natural resources managers. The integrated natural resources management plan will be a component and supporting element of the
installation master plan. New and continuing mission activities that
impact on natural resources will be coordinated with appropriate
natural resources managers.
b. A natural resources management plan is integrated when the
following criteria are met:
(1) All renewable natural resources and areas of critical or special concern are adequately addressed from both technical and policy standpoints.
(2) The natural resources management methodologies will sustain
the capabilities of the renewable resources to support military
requirements.
(3) The plan includes current inventories and conditions of natural resources; goals; management methods; schedules of activities
and projects; priorities; responsibilities of installation planners and
decision makers; monitoring systems; protection and enforcement
systems; land use restrictions, limitations, and potentials or capabilities; and resource requirements including professional and technical
manpower.
(4) Each plan segment or component (that is, land, forest, fish
and wildlife, and outdoor recreation) exhibits compatible
methodologies and goals including compliance with the Endangered
Species Act and applicable Endangered Species Management Plans.
(5) The plan is compatible with the installations master plan,
pest management plan, and Master Training Schedule.
c. 16 USC 670a provides a requirement whereby the Army installation, the FWS and the host state cooperate in planning, maintaining, and coordinating fish and wildlife management activities on
installations. A cooperative plan (that is Part IV Fish and Wildlife
17
Chapter 10
Conservation awards
101. The Secretary of Defense Natural Resources
Conservation Awards
a. The Secretary of Defense will annually present an award to the
installation of the Army, Navy, Air Force, or Marine Corps that
conducted the most outstanding natural resources conservation program in their installation category during the 3 preceding calendar
18
Chapter 11
Endangered/Threatened Species Guidance
111. Army policy on listed species
The purpose of this chapter is to implement within the Army the
requirements of the Endangered Species Act and the implementing
regulations of the USFWS and NMFS (50 CFR Part 402).
a. Balancing mission requirements. The Army is committed to
being a national leader in conserving listed species. DA personnel at
all levels must ensure that they carry out mission requirements in
harmony with the requirements of the Endangered Species Act
(ESA) of 1973, sections 1531 to 1544, title 16, United States Code
(16 USC 15311544). Mission requirements do not justify actions
violating the ESA. All Army land uses, including military training,
testing, timber harvesting, recreation, and grazing, are subject to
ESA requirements for the protection of listed species and critical
habitat. The key to successfully balancing mission requirements and
the conservation of listed species is longterm planning and effective management to prevent conflicts between these competing
interests.
b. Cooperation and informal consultation with regulatory agencies. In fulfilling its conservation responsibilities under the ESA, the
Army will work closely and cooperatively with the Federal agencies
charged with enforcement of the act: the U.S. Fish and Wildlife
Service (FWS) and the National Marine Fisheries Service (NMFS).
In planning projects and activities, installations should engage in
informal consultation with the FWS or NMFS at the earliest opportunity to ensure that proposed actions that may affect listed species
or critical habitat are consistent with the requirements of the ESA.
Installations will routinely seek informal FWS or NMFS review of
installation plans. If there is any question whether an Army action
may affect a listed species or critical habitat, DA personnel should
informally consult with the NMFS or FWS to determine the need
for formal consultation. Working closely and cooperatively with the
FWS and NMFS through informal consultation to develop mutually
satisfactory courses of action is in the Armys best interest.
c. Biological diversity.
(1) It is an Army goal to systematically conserve biological diversity on Army lands within the context of its mission. Natural
ecosystems can best be maintained by protecting the biological
diversity of naturally occurring organisms and the ecological
processes that they perform and with which they interact. The Army
also recognizes the importance of habitat management, the key to
effective conservation of biological diversity, in the protection of
listed, proposed, and candidate species. Conserving native species in
numbers and distributions that provide a high likelihood of continued existence is a crucial element of biological diversity. Conserving and restoring biological diversity minimizes the number of
species that must be protected as threatened and endangered.
(2) To the greatest extent practicable, installation commanders
and Army natural resource planners and managers at all levels will
develop and implement policies and strategies to assist, in cooperation with other landowners, to achieve the following objectives:
(a) Maintenance of viable populations of the nations native
plants and animals throughout their geographic range.
(b) Maintenance of natural genetic variability within and among
populations of native species.
(c) Maintenance of functioning representative examples of the
full spectrum of ecosystems, biological communities, habitats, and
their ecological processes.
(d) Implementation of management solutions which integrate human activities with the conservation of biological diversity.
(e) Increased scientific understanding of biological diversity and
conservation.
(f) Public awareness and understanding of biological diversity.
(g) Encouragement of private sector development and application
of innovative approaches to the conservation of biological diversity.
112. Summary of Primary Endangered Species Act
Requirements
The ESA imposes five primary requirements upon the Army.
a. Requirement to conserve listed species. Section 7(a)(1) of the
ESA requires the Army to carry out programs for the conservation
of listed species. Conservation, as defined by the ESA, means the
use of all methods and procedures that are necessary to bring any
listed species to the point where protections provided pursuant to the
ESA are no longer necessary. Therefore, the Army has a responsibility to take affirmative measures to increase, as well as to avoid
actions likely. to jeopardize, listed species. This chapter is the Armys primary means of implementing the ESA requirement to conserve listed species.
b. Requirement not to jeopardize listed species. Section 7(a)(2)
of the ESA requires the Army to ensure that any action authorized,
funded, or carried out by it is not likely to jeopardize the continued
existence of any listed species or result in the destruction or adverse
modification of critical habitat. Jeopardize means to engage in an
action that would be expected, directly or indirectly, to reduce
appreciably the likelihood of the survival and recovery of a listed
species by reducing its reproduction, numbers, or distribution. Irrespective of any opinion, action, or inaction by the FWS or NMFS,
the Army is ultimately responsible for ensuring that its actions do
not jeopardize listed species or result in the destruction or adverse
modification of critical habitat.
c. Requirement to consult and confer.
(1) Section 7(a) of the ESA requires formal consultation with the
FWS or NMFS whenever the Army anticipates taking any action or
is engaging in ongoing action that may affect, beneficially or
adversely, a listed species or critical habitat. Formal consultation,
however, is not required if it is determined by the Army, with the
written concurrence of the FWS or NMFS, that the action is not
likely to adversely affect any listed species or critical habitat. Early
entry into informal consultation with the FWS is key to resolving
potential problems and establishing the foundation to address issues
in a proactive and positive manner and is the preferred method of
consultation. Additionally, the Army must confer with the FWS or
19
NMFS whenever an action is likely to jeopardize any species proposed for listing as threatened or endangered under the ESA (proposed species) or to result in the destruction or adverse modification
of proposed critical habitat. Informal consultation with the FWS or
NMFS is always appropriate to clarify an action commands ESA
responsibilities. Consultation and conference procedures are discussed in paragraph 11-7.
(2) The NMFS has jurisdiction over most marine species. (See
section 23a, part 222, title 50, Code of Federal Regulations (50 CFR
222.23(a)) and 50 CFR 227.4 for a listing of species within NMFS
jurisdiction.) The FWS has jurisdiction over all other species.
(3) Action is broadly defined in 50 CFR 402.02 to include:
measures to conserve listed species or critical habitat; promulgation
of plans and regulations; granting of licenses, contracts, leases, easements, rightsofway, and permits; construction projects; and so
forth.
d. Requirement to conduct a biological assessment. Section 7(c)
of the ESA and the implementing regulations (50 CFR 400.18)
requires the Army to conduct biological assessments for major construction and other activities having similar physical impacts on the
environment if
(1) The impacts will significantly affect the quality of the human
environment as referred to in the National Environmental Policy Act
of 1969 (NEPA) and
(2) Any listed species or critical habitat is present in the area
directly or indirectly affected by the action (action area).
e. Requirement not to take listed fish and wildlife species or to
remove or destroy listed plant species. Under section 9 of the ESA,
take means to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or attempt to engage in any such conduct
with respect to listed fish and wildlife. It includes significant habitat
modification or degradation that kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Section 9 further makes it unlawful to
remove and reduce to possession any listed plant from areas under
federal jurisdiction or to maliciously damage or destroy any listed
plant in such areas.
113. Compliance with the Endangered Species Act
a. DA personnel who violate the provisions of the ESA or implementing FWS/NMFS regulations are subject to both civil and
criminal penalties. Criminal violations are punishable by a fine up to
$50,000 and imprisonment of up to one year for each violation. The
law imposes civil and criminal penalties for the knowing failure to
take required action (such as willful failure to consult with the FWS
or NMFS when legally required) and for the commission of prohibited acts (such as taking a listed species). DA personnel are not
immune from prosecution. Actions in violation of the ESA or of
implementing FWS/NMFS regulations are not within the scope of
the official duties and responsibilities of DA personnel.
b. Failure to comply with the ESA can result in halting or delaying ongoing or proposed projects and activities. Proponents of Army
actions will coordinate with the installations natural resources staff
early in the planning stage of projects and activities to identify
potential conflicts with the conservation of listed and proposed species. The installation engineer and the environmental directorate,
where applicable, will integrate endangered species management
and installation planning functions to avoid conflicts with ESA
requirements
c. Installations will enforce the protective measures specified in
Endangered Species Management Plans (ESMPs) (paragraphs 115
and 116) by the issuance of regulations punishable under the Uniform Code of Military Justice. Installations will designate and train
law enforcement personnel to enforce these regulations.
114. Candidate and Statelisted species
a. Candidate species. Species that are candidates for federal listing as threatened or endangered are not protected under the ESA.
Because candidate species may be listed in the future, installations
20
will consider them in making decisions that may affect them. Installations will avoid taking actions that result in the need to list candidate species as threatened or endangered. Installations are
encouraged to develop ESMPs for candidate species and to participate in conservation agreements with the FWS. Affirmative action
to conserve candidate species can preclude the need to list such
species. At a minimum, installations will document the distribution
of candidate species on the installation and monitor their listing
status. Early planning and coordination with the FWS or NMFS will
avoid conflicts with mission requirements and speed development of
an ESMP if the species is formally proposed for listing.
b. Statelisted species. Army installations must be sensitive to
those species listed as endangered or threatened under State law, but
not federally listed. State, but not federal, listed species are not
protected under the ESA. Whenever feasible, installations should
cooperate with State authorities in efforts to conserve these species.
There is no requirement for ESMPs for Statelisted species. Installations, however, will identify Statelisted species in the installations
cooperative plan and set forth agreed conservation measures. Additionally, NEPA normally requires an environmental assessment for
activities affecting Statelisted species. AR 2002, paragraph 53q.
115. Endangered Species Management Plan (ESMP) and
Guidelines (ESMG)
a. General requirement.
(1) Installations will prepare ESMPs for listed and proposed species and critical habitat present on the installation, including areas
used by tenant organizations. Installation ESMPs are the Armys
primary means of ensuring ESA compliance and balancing mission
requirements. Army endangered species management will give first
priority to the preparation and resourcing of installation ESMPs,
including associated inventories. HQDA and MACOMs will assist
installations in obtaining adequate funding and support to effectively
develop and implement ESMPs. (Refer to para 23.) Installation
commanders will approve ESMPs, as required by this regulation,
within one year after the discovery of a listed/proposed species or
the proposal for listing a species or proposal for designation of
critical habitat, whichever occurs first.
(2) In addition to installation ESMPs, MACOMs will consider
preparing a MACOM ESMG for listed and proposed species present
on more than one subordinate installation when a species has or
could have a significant impact on the installations ability to support mission requirements. The MACOM will also consider whether
limited resources could more effectively be directed toward preparation and resourcing of installation ESMPs. If prepared, the MACOM
ESMG will contain guidance to be used by installations in preparing
ESMPs (para c below). If the MACOM determines that a MACOM
ESMG is not warranted, the MACOM will, however, issue sufficient written guidance to ensure: unity of effort, a shared research
and development program, and the efficient use of MACOM
resources.
(3) Where a listed species or proposed species involves more
than one MACOM and has the potential to significantly affect Army
training or readiness, MACOMs may request that HQDA prepare an
HQDA ESMG instead of or in addition to a MACOM ESMG.
MACOMs should forward requests to HQDA (DAIMED).
(4) HQDA will consider preparing an HQDA ESMG for listed
and proposed species present on installations in more than one
MACOM when it is determined that a species has or could have a
significant impact on Army mission requirements. HDQDA will
also consider whether limited resources could more effectively be
directed toward preparation and resourcing of installation ESMPs. If
HQDA determines that an HQDA ESMG is not warranted, HQDA
will, however, issue sufficient written guidance to ensure: unity of
effort, a shared research and development program, and the efficient
use of Army resources.
(5) All proposed ESMPs and ESMGs are subject to the requirements of NEPA, in addition to the consultation requirements of 7 of
the ESA.
b. Installation ESMPs.
(1) Installations will prepare ESMPs for each listed and proposed
dependent upon the complexity of the management problems associated with the species and its habitat. At a minimum, HQDA ESMGs
will contain guidance to Army installations necessary for effective
Armywide management of the listed species and critical habitat,
avoidance of duplication of effort, uniformity of management practices wherever feasible, efficient use of Army resources, and appropriate HQDA coordination and oversight.
116. Preparation and approval of ESMPs and ESMGs
a. Installation level ESMPs.
(1) The installation engineer (or environmental directorate where
applicable), in coordination with the testing or training directorate
and the installation environmental law specialist, prepares installation ESMPs. Installations will establish working teams to draft
ESMPs, each team comprised of, at a minimum, natural resources
personnel, testers or trainers, and the environmental law specialist.
The installation engineer identifies and arranges for other installation personnel to advise the team on funding and contracting matters. The team complies with NEPA and ESA procedural
requirements, including conference and consultation with the FWS
or NMFS, coordination with appropriate State agencies (State concurrence to the Cooperative Plan is necessary under the Sikes Act
(see (5) below)), and preparation of NEPA documentation. The team
informally consults with and receives input from the FWS or NMFS
throughout the ESMP development process. On smaller installations,
and Governmentowned contractoroperated facilities, where there
are inadequate resources to establish a team (for example, no SJA
office or natural resources personnel), the responsible installation
engineer coordinates with the MACOM staff for the necessary
support.
(2) The installation engineer or environmental director briefs the
Environmental Quality Control Committee (EQCC) (see section 25
and AR 2001) on each proposed ESMP and supporting NEPA
documentation.
(3) The installation SJA renders a written legal opinion stating
whether the approval of the ESMP and supporting NEPA documentation will be according to NEPA, ESA, and regulatory requirements
before the ESMP is forwarded to the installation commander for
approval.
(4) An ESMP is not effective until it and the supporting NEPA
documentation are approved and signed by the installation
commander.
(5) Upon approval of the ESMP by the installation commander,
the installation engineer obtains final, formal agreement from the
FWS or NMFS, and the State wildlife agency to include the ESMP
as part of the cooperative plan. (An informal agreement should be
obtained during the development process). The installation engineer,
in coordination with the testing or training directorate, integrates the
ESMPs provisions into ITAM planning resourcing (para 1112).
Installations will revise the installation Real Property Master Plan
(RPMP) according to AR 21020. Installations will forward a copy
of the approved ESMP to HQDA (DAIMED) and the MACOM
engineer (or staff environmental officer where appropriate).
(6) The MACOM engineer or MACOM environmental director
reviews installation ESMPs to monitor compliance with this regulation, and identifies funding and personnel requirements to detect
problems that could significantly impact on future mission requirements. Every effort will be made by MACOMs to resolve identified
problems and issues. The MACOM will report problems that cannot
be resolved to the Office of the Director of Environmental Programs
(DAIMED). The MACOMs will retain copies of ESMPs and will
make them available to other installations that could benefit from
the completed work.
b. MACOM level ESMGs. If prepared, the MACOM engineer (or
MACOM environmental director), in coordination with the
MACOM DCSOPS and Staff Judge Advocate, prepares MACOM
ESMGs. MACOMs will establish working teams comprised of, at a
minimum, natural resources personnel, military trainers, or testers,
and an environmental attorney to prepare ESMGs. The team complies with NEPA and ESA procedural requirements, including conference and consultation with the FWS or NMFS and preparation of
21
22
consult with the NMFS or FWS. If, however, the installation decides that an action is not likely to adversely affect the listed species
or its habitat, and the FWS or NMFS concurs, in writing, formal
consultation is not required; Without the written concurrence of the
FWS or NMFS; consultation is mandatory.
(2) Conference. Installations must confer with the FWS or NMFS
on any action that is likely to jeopardize the continued existence of
any proposed species or result in the destruction or adverse modification of proposed critical habitat. Conference procedures are designed to help the action proponent in identifying and resolving
potential conflicts before the species is listed or critical habitat is
designated. Upon listing of a species or designation of critical habitat, installations must review proposed actions to determine if formal consultation is necessary even if a conference has occurred. The
conference process usually consists of informal discussions resulting
in advisory recommendations from the FWS or NMFS. The proponent may request, however, that the conference be conducted as a
formal consultation. If the FWS or NMFS consents, formal conference is conducted according to the procedures for formal consultation. If conducted formally the FWS or NMFS may adopt the
opinion issued at the conclusion of the conference as the biological
opinion when the species is listed or critical habitat is designated
(e(4) below). Installations may use informal consultation and/or a
biological assessment to decide if a conference is required. A biological assessment is not required for proposed species. 50 CFR part
402.10 sets out detailed conference procedures.
(3) Commitment of resources pending completion of formal consultation. For proposed actions that may require formal consultation,
action proponents will make no irreversible or irretrievable commitment of resources that will foreclose the formulation or implementation of any reasonable and prudent alternative before completion of
formal consultation or the written concurrence of FWS or NMFS
that it is not required.
(4) Conducting consultation and conference. Except for ESMPs
(See para l l4(a)(l) above), consultation (formal and informal) and
conference with the FWS or NMFS on installation actions will be
conducted by the installation engineer or environmental directorate,
in coordination with the training or testing directorate, and the
environmental law specialist. Technical assistance will be available
from MACOMs and HQDA (DAIMED and DAJAEL).
b. Notice of initiation of formal consultation.
(1) Installations will coordinate with the MACOM in conducting
biological assessments and informal consultation preliminary to initiating formal consultation. Before initiating formal consultation,
installations will forward through MACOM channels a summary of
the proposed action and all of the documents they intend to submit
to the FWS or NMFS (for example, biological assessment, biological evaluation) to HQDA (DAIMED). DAIMED, in coordination
with DAJAEL, will review proposals for formal consultation and
supporting documents and provide comments.
(2) MACOMs will coordinate with DAIMED before initiating
formal consultation on MACOM ESMGs.
c. The may affect determination.
(1) Informal consultation with the FWS or NMFS and a biological assessment or biological evaluation will be used in assessing
whether an action may affect a listed species or critical habitat. The
presence of a listed species in the area directly or indirectly affected
by the action (action area) will normally result in a may affect
determination. Where a listed species or critical habitat is present in
the action area, a no affect determination should be made only if
the EWS or NMFS concurs through informal consultation. Installations will document FWS or NMFS concurrence. A may affect
determination does not necessarily mean that the installation will
receive a jeopardy biological opinion.
(2) Installations should engage in informal consultation with the
FWS or NMFS at the earliest opportunity to assess the effects of
Army actions and decide the need for formal consultation. Even
where the installation makes a may affect determination, continued informal consultation may be productive. Modifications agreed
23
has the potential to occur in the action area, the installation must
confer with the FWS or NMFS if the action is likely to jeopardize
the continued existence of any proposed species or result in the
destruction or adverse modification of proposed critical habitat (a(2)
above). A biological assessment, however, is not required if only
proposed species or habitat are present, unless the listing or designation becomes final. While not required, installations are encouraged
to complete biological assessments for proposed species and
habitats.
(5) Once the biological assessment process begins, the installation may not enter into any contract for construction or begin construction before it completes the biological assessment and, if
required, formal consultation.
(6) Installations must submit the completed biological assessment
to the FWS or NMFS for review. The FWS or NMFS must provide
a written response within 30 days, concurring or nonconcurring in
the findings of the biological assessment. Installations have the
option of initiating formal consultation concurrently with the submission of the assessment.
e. Biological opinion.
(1) The result of formal consultation is a biological opinion of
the FWS or NMFS on whether the proposed action is likely to result
in jeopardy to the continued existence of the species and/or will
result in destruction or adverse modification of critical habitat.
(2) A jeopardy biological opinion includes reasonable and prudent alternatives, if any are available. Reasonable and prudent alternatives are actions identified during formal consultation that will
avoid jeopardy to listed species or destruction of critical habitat. The
alternatives must be consistent with the purpose of the proposed
action and capable of implementation by the installation. Proposed
actions cannot proceed after a jeopardy or adverse modification
biological opinion except according to any reasonable and prudent
alternative contained therein. Installations will coordinate with the
FWS or NMFS during formal consultation to assist with the development of reasonable and prudent alternatives.
(3) Biological opinions will contain an incidental take statement
if the FWS or NMFS concludes that the agency action (or the
implementation of any reasonable and prudent alternatives) and the
anticipated incidental take itself, if any, will not violate section
7(a)(2) of the ESA. Incidental take refers to takings that result from,
but are not the purpose of, carrying out an otherwise lawful activity
conducted by the action agency. If the FWS or NMFS anticipates
take, the statement will include nondiscretionary reasonable and
prudent measures that the installation must undertake to minimize
incidental take. If the installation proceeds in compliance with the
terms and conditions of the incidental take statement, then a resulting incidental take is not a violation of section 9 of the ESA.
(4) The FWS or NMFS may issue a conference report in response to a request for a formal conference regarding a proposed
species or proposed critical habitat. In such cases, the FWS or
NMFS may adopt the conference report as the biological opinion
when the proposed species is listed or critical habitat is designated,
if the project and the status of the species or habitat have not
changed in the interim.
(5) With the biological opinion, the FWS or NMFS may provide
discretionary conservation recommendations, with a request for notification of their accomplishment. Installations will carry out such
recommendations unless the installation determines, in coordination
with HQDA (DAIMED) that the conservation recommendations
are not feasible. If found not feasible, installations will notify the
FWS or NMFS of the decision and the reasons.
(6) If the FWS or NMFS issues a jeopardy or adverse modification biological opinion, the installation must notify, through
MACOM channels, HQDA (DAIMED and DAJAEL) within 5
days and forward copies of the opinion. Unless changed through
further consultation with the FWS or NMFS, the installation will
comply with the reasonable and prudent alternatives and the reasonable and prudent measures (with the related terms and conditions) in
the biological opinion. The installation must notify the FWS or
NMFS of its final decision on the action.
24
awareness training. Specific requirements for training and implementation are to be identified in the ESMP. The training will, at a
minimum, cover the following topics:
(1) Identification of listed species and markings that identify restricted areas.
(2) Actions necessary to avoid injury to listed species and their
habitat.
(3) The pertinent requirements of the ESA and applicable
regulations.
(4) The importance of protecting listed species and biological
diversity.
(5) The Army policy that mission accomplishment must be consistent with the conservation of listed species and critical habitats
(para 11la).
b. Installations are encouraged to use films, videos, posters, and
other training aids as part of these programs. Installations should
involve the FWS or NMFS regional and field offices in the development and implementation of training programs.
1111. Inventory of plants and wildlife
Identifying and documenting the location of listed, proposed, and
candidate species on an installation is crucial to effectively balancing mission and conservation requirements. Failure to properly inventory listed and proposed species can lead to violation of the ESA
and costly disruption of military operations and construction activities upon discovery of such species. Installations will conduct initial,
thorough inventories of plants, fish, wildlife, and habitat types on
installation lands, using scientifically accepted methodology. Installations will conduct a 100 percent inventory of suitable habitat for
listed, proposed, and category 1 candidate species that may occur on
the installation. Prior to conducting inventories, installations will
coordinate with the FWS and NMFS for guidance on appropriate
field survey methodology and individuals and organizations qualified to conduct surveys. Inventories are to be conducted at least
every ten years, or sooner, if required by ESMPs. Records of inventory data will be maintained permanently.
25
26
Appendix A
References
AR 42040
Historic Preservation. (Cited in paras 15c, 21b, 48j, and 5lb.)
Section I
Required Publications
AR 42076
Pest Management. (Cited in paras 26d.)
AR 2740
Litigation. (Cited in para 8le.)
DA Pam 4207
Natural ResourcesLand, Forest and Wildlife Management. (Cited
in paras 11, 217, 52, and 54d.)
AR 37100
Account/Code Structure. (Cited in para 63b.)
TM 5629
Herbicide Manual. (Cited in para 218b.)
AR 37100
General Accounting and Reporting for Finance and Accounting
Offices. (Cited in para 63b).
AR 1905
Vehicle Traffic Supervision. (Cited in paras 82a and 84d.)
AR 19029
Misdemeanors and Uniform Violation Notices Referred to U.S.
Magistrates or District Courts. (Cited in para 8le.)
AR 2001
Environmental Protection and Enhancement. (Cited in paras 15c,
2lc, 5lb, 8lc, 83, 84c, 116a(2), and 116g(1).)
AR 2002
Environmental Effects of Army Actions. (Cited in paras 15c, 14d,
2lc, 22a, 22b, 5lb, and 1160(1).)
AR 21020
Master Planning for Army Installations. (Cited in paras 22b, 72,
82b, 92b, and 116a(5).)
AR 21050
Family Housing Management. (Cited in paras 42a and 42b.)
AR 210190
Post Cemeteries. (Cited in para 43a.)
AR 2152
The Management and Operation of Army Morale, 6 Welfare and
Recreation Programs and Nonappropriated Fund Instrumentalities.
(Cited in paras 7la and 82a.)
TM 5630
Land Management. (Cited in paras 218b, 48a, 93a, 93b, and
95).
TM 5631
Forest Management. (Cited in paras 54d, 93a, 93b, and 95.)
TM 5632
Entomology Manual. (Cited in para 218b.)
TM 5633
Fish and Wildlife Management. (Cited in paras 93a, 93b, and
95.)
TM 5635
Outdoor Recreation. (Cited in paras 93a, 93b, and 95.)
50 CRF 222
NMFS Endangered Fish and Wildlife. (Cited in para 112c.)
50 CFR 227
NMFS Threatened Fish and Wildlife. (Cited in para 112c.)
50 CFR 402
Interagency CooperationEndangered Species Act of 1973, as
amended. (Cited
in paras 117a(1)(b) and 117(a) (2).) Endangered
Species Act (ESA) of 1973, as amended (16 USC 15311544).Cited
in paras 11la and 117a(1)(a).) National Environmental
Policy Act (NEPA) of 1969, as amended (42 USC 43214370d).
(Cited in para 116f.) SIKES Act, as amended (16 USC
670a670o). (Cited in chap 9.)
AR 2155
Nonappropriated Funds Accounting Policy and Reporting
Procedures. (Cited in para 82a.)
Section II
Related Publications
A related publication is merely a source of additional information.
The user does not have to read it to understand this publication.
AR 33515
Management Information Control System. (Cited in para 96.)
AR ll
Planning, Programming, Budgeting, and Execution System.
AR 40530
Mineral Exploration and Extraction. (Cited in para 21le.)
AR 53
Installation Management and Organization.
AR 40580
Granting use of Real Estate. (Cited in para14b.)
AR 520
Commercial Activities Program.
AR 40590
Disposal of Real Estate. (Cited in applicability statement and para
52b)
AR 42010
Management of Installation Directorate of Engineering and Housing.
(Cited in paras 14b, 14c, 224, and 322a).
AR 42022
Preventive Maintenance and SelfHelp. (Cited in para 42a.)
AR 105
Organizations and Functions, Department of the Army
AR 405
Preventive Medicine
AR 40574
Aerial Dispersal of Pesticides.
AR 21021
Army Ranges and Training Land Program
27
AR 41515
Military Construction, Army (MCA) Program Development.
AR 41520
Project Development and Design Approval
AR 41935
Minor Construction
TC 251
Training Land
MIL HDBK 1028/8A
Design of Pest Management Facilities. (This publication is available
from the Naval Publications and Forms Center, 5801 Tabor Avenue,
Philadelphia, PA 191205099.)
DOD Directive 1015.6
Funding of Morale, Welfare, and Recreation Programs (MWR)
DODI 7310.5
Accounting for Production and Sale of Lumber and Timber Products
Section III
Prescribed Forms
This section contains no entries.
Section IV
Referenced Forms
This section contains no entries.
Appendix B
Format for Installation Nominations for the
Secretary of Defense Natural Resources
Conservation Award
B1. Introduction
a. Mission or missions carried out on the nominated installations
property.
b. Approximate civilian and military population (unless classified) of the installation and all properties that are included in the
installations natural resources management plan.
c. Total acres under the installations natural resources management plan, followed by a description of program component acreage
(improved, semiimproved, and unimproved acreage; acres of managed forest, wildlife, grazing, agriculture, unique natural areas,
lakes, or wetlands, miles of streams or coastline; and acres available
for hunting, fishing, and other outdoor recreation).
d. Significant natural features of the installation, such as geological, botanical, and archeological assets.
B2. Background
a. List all components of the integrated natural resources management plan and the dates of preparation or revision of its component parts.
b. List the cooperative agreements that support the natural resources management plan and the dates of preparation or revision.
c. Describe the organization and staffing of the installations natural resources management program.
d. Describe any committees or boards that influence the installations natural resources management program.
B3. Program summary
a. Describe the most outstanding program features and accomplishments of the past 3 years.
b. Describe the objectives of the natural resources management
plan and the degree of attainment of each objective during the past 3
years.
28
B4. Accomplishments
Describe activities and accomplishments in the following areas (if
applicable):
a. Land use management.
(1) Erosion control and other water quality protection.
(2) Water conservation.
(3) Agricultural land management, including prime and unique
farmland protection.
(4) Natural resources improvements and benefits due to
outleases.
(5) Grounds improvements and landscaping.
(6) Antilitter programs.
(7) Considerations in new construction planning.
(8) Coordination and cooperation with USDASCS, County Agricultural Extension Service, and other land management agencies.
b. Forest management.
(1) Multipleuse coordination of forestry, outdoor recreation,
wildlife, esthetics, and endangered species.
(2) Reforestation.
(3) Timber stand improvement.
(4) Improvements in planning, budgeting, and use of manpower,
supplies, and equipment.
(5) Use of prescribed burning.
(6) Establishment and protection of unique forest areas.
(7) Cooperation efforts with U.S. Forest Service, State foresters,
and similar groups or agencies.
c. Fish and wildlife.
(1) Variety of species and habitats.
(2) Protection of federal and State listed threatened and endangered species and their habitats. (surveys, plans and other
accomplishments)
(3) Permanent food plots, wildlife openings, escape cover, and so
forth.
(4) Game and nongame fish and wildlife habitat improvements.
(5) Reintroduction and stocking.
(6) Degree of access and use of hunting and fishing opportunities
by installation personnel and the general public.
(7) Improvements in permit program; fee schedule for hunting,
fishing, or other opportunities; ratio of permits to general public
versus DOD personnel.
(8) Identification and protection of significant wildlife resources.
d. Other natural resources. Protection of areas of cultural, archeological, geological, or ecological significance.
e. Outdoor recreation.
(1) Parks, camping, picnicking, swimming, hunting, horseback
riding, boating, birdwatching, and trails (nature, hiking, and
bicycling).
(2) Offroad vehicle use and control.
(3) Permit program.
(4) Estimated number of visitors (general public and DOD
personnel).
(5) Cooperation and coordination with federal, State, and local
outdoor recreation agencies.
f. Pest management. Application of integrated pest management
that support and improve the installations natural resources management program.
g. Conservation education. (on and off installation)
(1) Natural resources management regulations and enforcement
program.
(2) Gun and water safety, woodsmanship, camping, and outdoor
ethics programs.
(3) Scouting, public school classes, and other group activities
related to natural resources conservation.
(4) Research and development activities.
h. Community relations.
(1) Public awareness programs and involvement in natural resources conservation programs on and off the installation.
(2) Affiliation of installation personnel with civic and private
natural resources conservation organizations and such professional
conservation societies.
Appendix C
Format for Individual Nominations for the Secretary
of Defense Natural Resources Conservation Award
C1. Background information
Include the nominees name, title or position, employing organization, and DoD employment history.
C2. Position description
Provide a summary of the nominees major routine duties and tasks
during the preceding 2 calendar years.
C3. Special accomplishments
Identify, under applicable topical headings, the nominees special
achievements and accomplishment for the preceding 2 calendar
years. Indicate specifically how these efforts and accomplishments
exceeded his or her normal duties and tasks.
C4. Awards and achievements
List and describe awards and other special recognition given to the
nominee during the past 5 years. Describe related professional
achievements, including community service work and participation
in professional organizations.
29
Glossary
Section I
Abbreviations
ACE
Assistant Chief of Engineers
ADC
Animal Damage Control
ESMP
Endangered Species Management Plan
OTJAG
Office of the Judge Advocate General
ESOH
Environment, Safety and Occupational
Health
PAS
Preliminary Assessment Statement
EQCC
Environmental Quality Control Committee
AIF
Army industrial fund
FADEP
Forces Command Animal Disease Eradications Plan
AMC
Army Materiel Command
FY
fiscal year
AMS
Army management structure
FORSCOM
Forces Command
APHIS
Animal and Plant Health Inspection Service
FWS
U.S. Fish and Wildlife Service
ASA,I,L,&E
Assistant Secretary of the Army (Installations, Logistics, and Environment)
HQDA
Headquarters, Department of the Army
BO
biological opinion
COE
Corps of Engineers
CONUS
continental United States
DA
Department of the Army
DCSOPS
Deputy Chief of Staff for Operations and
Plans
DEH
Directorate of Engineering and Housing, or
Director of Engineering and Housing
DEMIS
Defense Environmental Management Information System
DOD
Department of Defense
DPTM
Directorate of Plans, Training, and
Mobilization
ITAM
Integrated Training Area Management
LCTA
Land Condition Trend Analysis
MACOM
major Army command
MIPR
military intradepartmental purchase request
MOU
memorandum of understanding
RCS
Reports Control Symbol
R&D
research and development
RDT&E
research, development, test, and evaluation
RPMP
Real Property Master Plan
SHPO
State Historic Preservation Officer
SJA
Staff Judge Advocate
SOFA
Status of Forces Agreement
TNC
The Nature Conservancy
TRADOC
U.S. Army Training and Doctrine Command
USDA-FS
United States Department of AgricultureForest Service
MWR
morale, welfare, and recreation
USDA-SCS
United States Department of AgricultureSoil
Conservation Service
NEPA
National Environmental Policy Act
Section II
Terms
NMFS
National Marine Fisheries Service
Action
All activities or programs of any kind authorized, funded, or carried out, in whole or in
part, by federal agencies in the United States
or upon the high seas.
OACE
Office of the Assistant Chief of Engineers
OASA(I,L,&E)
Office of the Assistant Secretary of the Army
(Installations, Logistics and Environment)
EA
environmental assessment
ODCSOPS
Office of the Deputy Chief of Staff for Operations and Plans
EIS
environmental impact statement
O&M
operation and maintenance
ESA
Endangered Species Act
OCONUS
outside the continental United States
ESMG
endangered species management guideline
ORV
offroad vehicle
30
QA
quality assurance
Action Area
All areas to be affected, directly or indirectly,
by the federal agency action and not merely
the immediate area involved in the action.
Agricultural outlease
Use of Army lands under a lease to an agency, organization, or person for growing crops
or grazing animals.
Biological Assessment
Information prepared by or under the direction of a federal agency using the procedures
in 50 CFR 402.12 concerning listed and proposed species and designated and proposed
critical habitat that may be present in the
action area and the evaluation of potential
Biological diversity
The variety of life and its processes. It includes the variety of living organisms, the
genetic differences among them, and the
communities and ecosystems in which they
occur.
Conference
The process which involves informal discussions between a federal agency and the FWS
or NMFS regarding the impact of an action
on proposed species or proposed critical habitat and recommendations to minimize or
avoid the adverse effects.
Biological evaluation
A written document setting forth an installations biologically supportable rationale for
determining that an action will have no effect
on a listed species or critical habitat. A biological evaluation is an informal document
and is used for actions only if a biological
assessment is not required.
Conservation
The wise use and scientific management of
natural resources according to principles that
provide optimum public benefit, continued
productivity for present and future generations, and support of the military mission.
Biological opinion
The document that states the opinion of the
FWS or NMFS as to whether or not the federal agency action is likely to jeopardize the
continued existence of listed species or result
in the destruction or adverse modification of
critical habitat.
Conserve/Conservation
To use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the
point at which the measures provided pursuant to chapter 11, this regulation and the
ESA are no longer necessary.
Conservation recommendations
Suggestions of the FWS or NMFS regarding
discretionary measures to minimize or avoid
adverse effects of a proposed action on listed
species or critical habitat or regarding the
development of information.
Carrying capacity(wildlife)
The maximum density of wildlife that a particular area or habitat will support on a sustained basis without deterioration of the
habitat.
Coastal state
A State of the United States in, or bordering
on, the Atlantic, Pacific, or Arctic Ocean, the
Gulf of Mexico, Long Island Sound, or one
or more of the Great Lakes. The term also
includes Puerto Rico, the Virgin Islands,
Guam, and American Samoa (PL 92583).
Coastal zone
The coastal waters (including the lands
therein and thereunder) and the adjacent
shores (including the waters therein and
thereunder) strongly influenced by each other
and in proximity to the shorelines of the several coastal States as specified in the approved State Coastal Zone Management Plan.
Includes islands, transitional and intertidal
areas, salt marshes, wetlands, and beaches
(PL 92583).
Commercial forest land
Land which is capable of economically producing crops of industrial wood in excess of
20 cubic feet per acre per year under management and is not programmed for another
use that would preclude future forest development. Acreage classification will also
depend upon products produced and available
markets. Normally, land areas of less than
100 acres total forest land for an installation
Critical habitat
Specific areas within the geographical area
occupied by the species at the time it is listed
in accordance with the Endangered Species
Act, on which are found those physical or
biological features (1) essential to the conservation of the species, and (2) which may
require special management considerations or
protection; It also includes specific areas outside the geographical area occupied by the
species at the time it is listed in accordance
with the Endangered Species Act, upon a determination by the Secretary of Interior or
Commerce that such areas are essential for
the conservation of the species. The areas
formally designated as critical habitat by the
FWS or NMFS and listed in 50 CFR 17 and
226.
Cumulative effects
Those effects of future State or private activities, not involving federal activities, that are
reasonably certain to occur within the action
area of the federal action subject to
consultation.
Destruction or adverse modification
The direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a
listed species. Such alterations include, but
are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the
habitat to be critical.
Effects of an action
Effects of an action are the direct and indirect effects on the species or critical habitat,
together with the effects of other activities
that are interrelated or interdependent with
that action, that will be added to the environmental baseline. The environmental baseline
includes the past and present impacts of all
federal, State, or private actions and other
human activities in the action area, the anticipated impacts of all proposed federal projects
in the action area that have already undergone formal or early consultation under section 7 of the ESA, and the impact of State or
private actions which are contemporaneous
with the consultation in process. Indirect effects are those that are caused by the proposed action and are later in time, but still
are reasonably certain to occur. Interrelated
actions are those that are part of a larger
action and depend on the larger action for
their justification. Interdependent actions are
those that have no independent utility apart
from the action under consideration.
Endangered and threatened species
a. Endangered species. Any species, plant
or animal, which is in danger of extinction
throughout all or a significant portion of its
range as listed by the US Department of the
Interior.
b. Threatened species. Any species, plant
or animal, which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of
its range, as listed by the US Department of
the Interior.
c. Candidate species. Any species, plant
or animal, which is being considered for listing as threatened or endangered by the US
Department of the Interior.
d. State listed species. Any species, plant
or animal, which is listed by the appropriate
State as threatened or endangered within the
State, but may not be listed by the US Department of the Interior.
Endangered species management
guidelines (ESMG)
Guidelines issued by MACOMs or HDOA in
accordance with this regulation to promote
effective management of proposed and listed
species on Army installations.
Endangered species management plan
(ESMP)
A plan developed in accordance with this
regulation for the management of listed or
proposed species or critical habitat.
Environmental quality
The development and maintenance of harmonious interaction between man and that part
of the world in which living organisms can
sustain their kind.
31
32
Practices normally include such cyclic variables as soil sterilization, weed and brush control, drainage maintenance, mowing for fire
protection and major land repair/restoration/
rehabilitation as may result from mission activities. Semiimproved grounds acreage may
be combined with improved grounds acreage
for reporting purposes when only two categories of grounds (improved and other than improved) are used.
c. Unimproved grounds. All other acreage
(including water areas, areas under buildings
and surfaced areas), not classified as improved or semiimproved. Practices and intervals of attention are generally
unpredictable such as might evolve from
flood, fire, insects, or disease epidemics.
Habitat
An area where a plant or animal species
lives, grows, and reproduces, and the environment that satisfies any of their life
requirements.
Incidental take
Takings otherwise prohibited, that result
from, but are not the purpose of, carrying out
an otherwise lawful activity conducted by the
federal agency.
Informal Consultation
An optional process that includes all discussions, correspondence, etc., between the FWS
or NMFS and a federal agency prior to formal consultation, if required.
Integrated Training Area Management
(ITAM) Program
An Army program for the management of
military training and testing lands, and other
land uses which provides for: standardized
land condition trend analysis (LCTA) to inventory and monitor land; rehabilitation,
revegetation and maintenance technologies;
environmental awareness; decision support
systems; and integration of military training
requirements with land capabilities.
Jeopardize the continued existence of
To engage in an action that reasonably would
be expected, directly or indirectly, to reduce
appreciably the likelihood of both the survival and recovery of a listed species in the
wild by reducing the reproduction, numbers,
or distribution of that species.
Land ConditionTrend Analysis (LCTA)
methods
Standardized land (soil, vegetation,
topographic and wildlife) inventory and
monitoring procedures used for the analysis
and comparability of Army lands over time.
Land management
The planning and execution of programs to
improve, utilize and maintain all land and
water areas for the greatest longterm net
public benefit while supporting the military
mission. Included are subordinate land uses
Multiple use
The integrated management of all natural resources, each with the other, to achieve the
optimum use and enjoyment while maintaining the environmental qualities, ecological relationships and aesthetic values in proper
balance.
Natural resources
The viable and/or renewable products of nature and their environments of soil, air, and
water. Included are the plants and animals
occurring on grasslands, rangelands,
croplands, forests, lakes, and streams.
Natural Resources Management
Professional
Individual with an undergraduate or graduate
degree in the natural resources management
sciences and who has responsibility for managing natural resources on DOD lands on a
regular basis and is a DOD employee.
Natural Resources Law Enforcement
Professional
A DOD employee with a background in natural resources management and/or law enforcement and who has received natural
resources law enforcement training resulting
in a recognized commission from a certified
law enforcement training facility.
Nongame species
Species not harvested for recreation or subsistence purposes.
Noxious weed
Plant species identified by federal or State
agencies as requiring control or eradication.
Nursery
An outdoor area where trees, shrubs,
turfgrass, or flowers are produced or held for
transplanting.
Offroad vehicle
A vehicle designed for travel on natural terrain. The term excludes a registered motorboat confined to use on open water and a
military, emergency, or law enforcement vehicle during use by an employee or agent of
the Government or one of its contractors in
the course of employment or agency
representation.
Outdoor recreation
Recreational program, activity, or opportunity
that is dependent on the natural environment.
Examples are hunting, fishing, trapping, picnicking, birdwatching, offroad vehicle use,
hiking and interpretive trails use, wild and
scenic river use, and underdeveloped camping areas. Developed or constructed activities
such as golf courses, lodging facilities, boat
launching ramps, and marinas are not
included.
Outdoor Recreation Cooperative Plan
A plan for the development, enhancement,
operation, and maintenance of public outdoor
recreation resources on an installation which
has been mutually agreed upon by the Installation Commander, National Park Service,
and the appropriate State agency.
Prescribed burning
Skillful application of fire to natural fuels
under conditions of weather, fuel moisture,
soil moisture, etc., to allow confinement of
the fire to a predetermined area while producing the intensity of heat and rate of
spread required to accomplish certain planned
benefits. These benefits may include all or
one or more objectives of silviculture, wildlife management, grazing, hazard reduction
etc. Its objective is to employ fire scientifically to realize maximum net benefits at minimum damage and acceptable cost.
Proposed critical habitat
Habitat proposed in the Federal Register to
be designated or revised as critical habitat for
any listed or proposed species.
Proposed species
A fish, wildlife, or plant species that is proposed in the Federal Register to be listed as
endangered or threatened under the ESA.
Reasonable and prudent alternatives
Alternative actions identified during formal
consultation that can be implemented in a
manner consistent with the intended purpose
of the action, that can be implemented consistent with the scope of the federal agencys
legal authority and jurisdiction, that are economically and technologically feasible, and
that the FWS or NMFS believes would avoid
the likelihood of jeopardizing the continued
existence of listed species or result in the
destruction or adverse modification of critical
habitat.
Reasonable and prudent measures
Those nondiscretionary actions the FWS or
NMFS believes necessary or appropriate to
Sustained yield
The production of renewable resources a land
or water area can maintain in perpetuity at a
given intensity of management without impairment of the resource.
Take
Take means to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or
to attempt to engage in any such conduct.
Harm is further defined to include significant
habitat modification or degradation that results in death or injury to listed species by
significantly impairing behavioral patterns
such as breeding, feeding, or sheltering. Harass is defined as actions that create the likelihood of injury to listed species to such an
extent as to significantly disrupt normal behavioral patterns which include, but are not
limited to, breeding, feeding, or sheltering.
Timber management
The conduct of work necessary to measure
and identify salable wood products on those
forest areas managed for profitable growing
of sawtimber, pulpwood, poles, ties, posts,
piling, and other forest products on a sustained yield basis.
Wetlands
Those areas that are inundated or saturated
by surface or groundwater at a frequency and
duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Common terms
used to describe various wetlands include
marshes, bogs, swamps, small ponds,
sloughs, potholes, river overflows, oxbows,
mud flats, and wet meadows.
Wildlife management
The practical application of scientific and
technical principles to wildlife populations
33
Index
This index is organized alphabetically by
topic and by subtopic within a topic. Topics
and subtopics are identified by paragraph
number.
Acts
Coastal Zone Management, 219
Cooperative Forestry Assistance, 53
Endangered Species, 61, 111, 112,
113, 119
Lacey, 63
Migratory Bird Treaty, 63
National Environmental Policy (NEPA),
22, 52, 115, 116, 117, 117, 1114
Rivers and Harbors, 221
Sikes, 27, 61, 63, 91
Aesthetics, 410
Army Chief of Staff Natural Resource
Conservation Award, 102
Army Community of Excellence (ACOE),
15, 41, 410
Army Compliance Tracking System
(ACTS), 223
Army Environmental Center, 225
Assistant Secretary of the Army, 14
Assistant Chief of Staff for Installation
Management, 14
Beech Protection, 220
Biological assessment, 112, 117
Biological diversity, 21, 51, 111
Budget,
Appropriated funds, 48
Endangered species management, 1113
Fund accounts, 23, 52, 54, 63
Leases, 214
Morale, Welfare and Recreation Account,
63
Research and Development, 225
RCS-1383 Budget Report, 24, 214
Cemeteries, 43
Coastal Zone Management, 219
Categorical Exclusion, 52
Committees
Environmental Quality Control (EQC),
25, 225, 34
Conservation awards, chap 10
Army Chief of Staff, 102
Individual Nomination, 103
Major Army Command, 106
Preparation, 103
Secretary of Defense, 101
Selection, 105
Submission, 104
Contracting, 27
Corps of Engineers, 211
Declaration of Timber Availablity, 14,
52, 54
Department of Agriculture, 28, 53
Department of Interior, 28, 211, 111,
112, 115, 117
Directorate of Environmental Programs
(DAIMED), 14, 225, 54, 63, 65,
115, 116, 117, 118, 119, 1113,
1114
Endangered Species, chapter 11
Army Policy, 111
Awareness Training, 1110
34
Training, 26
Urban Forestry, 48, 49
Water Rights, 1115
Wetlands, 221
Xeric Landscaping, 46, 48
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