(a) The term "Arrowhead Symbol," as used in this part, refers to the insignia of the National Park Service prescribed as its official symbol by notice published in the FEDERAL REGISTER of March 15, 1962 (27 F.R. 2486). That symbol, use of which had been limited by notice published in the FEDERAL REGISTER Of October 22, 1963 (33 F.R. 15605-06), has been reinstated as the Service's official emblem. The term "Parkscape Symbol," as used in this part, is the same insignia referred to in the FEDERAL REGISTER notice of October 22, 1968, as the "National Park Service Symbol." The "Parkscape Symbol" has been prescribed as the official tie tack or pin to be worn by all National Park Service uniformed employees. Moreover, the tie tack or pin may be worn by employees of the Service when not in uniform as a part of their civilian attire.

(b) The term "Director" means the Director of the National Park Service, U.S. Department of the Interior, or person designated to act for him.

(c) The term "commercial use" as used in the regulations of this part refers to use of the "Arrowhead Symbol" or the "Parkscape Symbol" on souvenirs or other items of merchandise presented for sale to the public by private enterprise operating either within or outside of areas of the National Park System.

(d) The term "noncommercial use" as used in the regulations of this part refers to nongovernmental use of the "Arrowhead Symbol" or the "Parkscape Symbol" other than as described in paragraph (c) of this section. § 11.2

Uses.

The Director may permit the reproduction, manufacture, sale, and use of the "Arrowhead Symbol" or the "Parkscape Symbol", with or without charge, for uses that will contribute to purposes of education and conservation as they relate to the program of the National

Park Service. All other uses are prohibited.

[36 F.R. 16508, Aug. 21, 1971]

§ 11.3 Power to revoke.

Permission granted under this part by the Director may be rescinded by him at any time upon a finding that the use of the symbol or symbols involved is injurious to their integrity or inconsistent with the purposes of the National Park Service in the fields of conservation and recreation, or for disregard of any limitations or terms contained in the permits. [35 F.R. 8734, June 5, 1970, as amended at 36 F.R. 16508, Aug. 21, 1971]

AUTHORITY: The provisions of this Part 12 issued under R.S. 4881, as amended, sec. 1, 19 Stat. 99, as amended, secs. 1-3, 495, 496; 16 U.S.C. 1, 3, 231, 4500, 24 U.S.C. 278, 286. E.O. 6166, as amended, 5 U.S.C. 132 note; E.O. 8428, 5 F.R. 2131, 3 C.F.R. 1938-1943 Comp., p. 664; and Proc. 2554, 7 FR. 3148, 3 C.FR. 1938-1943 Comp., p. 302.

SOURCE: The provisions of this Part 12 appear at 36 F.R. 154, Jan. 6, 1971, unless otherwise noted.

are otherwise within the boundaries of a national cemetery under the administration of the National Park Service, or within an area listed in § 12.3.

(a) The regulations in Parts 4 and 5 of this chapter and §§ 2.1, 2.3, 2.4, 2.6, 2.7, 2.8, 2.9, 2.10, 2.15, 2.16, 2.19, 2.21, 2.22, 2.24, and 2.29, of this chapter are incorporated by reference.

§ 12.2 Authority for national cemeteries. Basic legal authority pertaining to national cemeteries is contained in the Act of February 22, 1867, ch. 61, 14 Stat. 400, as amended; 24 U.S.C. 271; the Act of August 25, 1916, ch. 408, 39 Stat. 535, as amended; 16 U.S.C. 1 and E.O. 6166, June 10, 1933, as amended; 5 U.S.C. 132 (note).

§ 12.3 Administration, control, and

supervision.

The Director of the National Park Service, under the direction and control of the Secretary of the Interior, is responsible for the operation, maintenance, and administration of the national cemeteries below listed, and for the formulation of plans, policies, procedures, and regulations pertaining thereto.

Andrew Johnson National Monument.
Antietam (Sharpsburg), Md.
Battleground, District of Columbia.
Chalmette National Historical Park.
Custer Battlefield National Monument.
Fort Donelson (Dover), Tenn.
Fredericksburg, Va.
Gettysburg, Pa.

Poplar Grove (Petersburg), Va.

Shiloh (Pittsburgh Landing), Tenn.
Stones River (Murfreesboro), Tenn.
Vicksburg, Miss.

(a) Visitors will be admitted during the hours the gates are open.

(b) The possession, destruction, injury, defacement, removal, or disturbance in any manner of any building, sign, equipment, monument, statue, marker, or other structure, or of any animal or plant matter and direct or indirect products thereof, including but not limited to petrified wood, flower, cone or other fruit, egg, nest, or nesting site, or of any soil, rock, mineral formation, phenomenon of crystallization, artifact, relic, historic or prehistoric feature, or of any other public property of any kind, is prohibited.

(c) The use of a trap, seine, handthrown spear, net (except a landing net),

firearm (including an air- or gas-powered pistol or rifle), blowgun, bow and arrow or crossbow, or any other implement designed to discharge missiles in the air or under the water which is capable of destroying animal life is prohibited, except that firearms may be used as part of an official ceremony.

(d) Camping, picnicking, fishing, and the kindling of any fire is prohibited.

(e) The use of national cemetery drives as public highways is prohibited. The speed of vehicles shall not exceed 25 miles per hour.

(f) Special advance plans may be developed, in anticipation of large crowds, to restrict the number of motor vehicles permitted to enter the cemetery area in order to relieve congestion and to promote public safety.

§ 12.5

Services and ceremonies.

(a) General. Patriotic organizations may, with proper permission, conduct services in national cemeteries. Requests for permission should be addressed to the cemetery superintendent who will assign an appropriate time and render assistance in carrying out the programs. No organization will be given exclusive permission to enter any cemetery or for any particular occasion. Where several requests are received for separate services, the superintendent will schedule each so as to avoid interference.

(b) Special occasions. Since many organizations regularly conduct such services on Memorial Day, Veteran's Day, Easter Sunday, national holidays, and other special occasions, the procedure governing such services will be essentially as above provided. When Memorial Day falls on Sunday the ceremonies may be scheduled for either Sunday or Monday. § 12.6

Penalties.

Any person who violates any provision of §§ 12.1-12.5, or as the same may be amended or supplemented, in regard to any national cemetery under the jurisdiction of the Secretary of the Interior shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or imprisonment for not exceeding 6 months, or both, and be adjudged to pay all costs of the proceedings (16 U.S.C. 3): Provided, That the penalties set out in § 1.3(b) of this chapter shall apply to violations which take place at Andrew Johnson National Monument and Chalmette National Historical Park.

§ 12.7

INFORMATIONAL GUIDELINES

Interments and disinterments.

(a) Who may be interred. Bural in a national cemetery is authorized in accordance with regulations prescribed by the Secretary of the Army.

(b) Burial permits. Burial permits, usually a part of the death certificate, are required for interments except those of cremated remains. In such cases burial permits will be required only where State law makes them mandatory. It is permissible to inter, prior to receipt of the burial permit, the remains of members of the Armed Forces who die on active duty.

(c) Assignment of gravesites. (1) Under present policy of the Department of the Army, only one gravesite is authorized for the burial of the service member and eligible members of his immediate family. This policy will be applied to all national cemeteries under the jurisdiction of the Department of the Interior, except in those cases in which the Director specifically determines this to be infeasible.

(2) Gravesites will not be reserved in cemeteries in which the one-gravesiteper-family-unit policy has been placed in effect.

(3) Gravesite reservations made in writing prior to the establishment of the one-gravesite-per-family-unit policy will remain in effect as long as the reservee remains eligible for burial in a national cemetery.

(4) Burial sections:

(i) Layout plans for burial sections in all national cemeteries will be approved by the Director. Sizes of gravesites will conform to dimensions designated by the Chief of Support Services, Department of the Army.

(ii) Until grave space is exhausted in sections that were in existence prior to January 1, 1947, burials may be made in accordance with procedures and policies in effect at the time such sections were established, provided, however, that no person otherwise eligible will be denied burial by reason of policies in existence prior to Januray 1, 1947, if burial space exists anywhere in the cemetery. In all burial sections established on or after January 1, 1947, burials will be made in accordance with policies or procedures in effect on or after January 1, 1947. (iii) Burials will not be made in memorial sections.

(iv) As the need arises for the use of new sections for burials, such cases will be forwarded to the Director for approval. Plans and recommendations for resolving the situation will accompany the request for final decision.

(d) Disinterments. (1) Interments of eligible remains in national cemeteries are considered to be permanent and final and disinterments will not be permitted except upon approval of the Director. Disinterments and removal of remains from a national cemetery will be approved only when next of kin (includes the person who directed the initial interment if still living) give their consent. and establish cogent reasons for the disinterment, or in recognition of a court order directing the disinterment.

(2) All requests for authority to disinter remains will be submitted to the Director, and must state the reason for desiring the disinterment and be accompanied by the following

documents:

(i) Notarized affidavits by all close living relatives of the deceased, stating that they interpose no objection to the proposed disinterment. "Close relatives" are defined as surviving spouse, parents, adult brothers and sisters, and adult children and will include the person who. directed the initial interment, if living, even though the legal relationship of such person to the decedent may have changed.

(ii) A sworn statement, by a person having knowledge thereof, that those who supplied such affidavits comprise all the living close relatives of the deceased, including the person who directed the initial interment.

(iii) In lieu of the documents required in this subparagraph (2), an order of a court of competent jurisdiction will be considered.

(iv) Any disinterment that may be authorized under this section must be accomplished without expense to the Government.

§ 12.8 Headstones and markers.

Headstones and markers, authorized to be furnished at Government expense, will be provided under rules and regulations promulgated by the Secretary of the Army.

§ 12.9 Monuments and inscriptions at private expense.

(a) The erection of markers and monuments at private expense to mark

graves in lieu of Government headstones and markers requires prior approval of the Director and is permitted only in sections in existing national cemeteries in which private monuments and markers were authorized as of January 1, 1947. Such monuments will be simple in design, dignified, and appropriate to a military cemetery. The name of the person(s) or the name of an organization, fraternity, or society responsible for the purchase and erection of the marker will not be permitted on the marker or anywhere else in the cemetery.

(b) Where a headstone or monument has been erected to an individual interred in a national cemetery and the next of kin desires to inscribe thereon the name and appropriate data pertaining to a deceased spouse, parent, son, daughter, brother, or sister whose remains have not been recovered and who would have been eligible in their own right for burial in a national cemetery, such inscriptions may be incised on the headstone or monument at no expense to the Government with the prior written approval of the Director. The words "In Memoriam" or "In Memory Of" are mandatory elements of such inscriptions.

(c) Except as may be authorized for marking group burials, ledger monuments, monuments of free-standing cross design, narrow shafts, mausoleums, or overground vaults are prohibited. Underground vaults may be placed at private expense, if desired, at the time of interment.

§ 12.10 Private memorials and commemorative tablets.

(a) Purpose. (1) The purpose of this section is to implement the Act of August 27, 1954 (68 Stat. 880, as amended, 24 U.S.C. 279d), which provides that the Secretary of the Interior and the Secretary of the Army shall set aside, when available, suitable plots in the national cemeteries under their jurisdiction to honor the memory of members of the Armed Forces missing in action or who died or were killed while serving in such forces, and whose remains have not been identified, have been buried at sea, or have been determined to be nonrecoverable, and to permit the erection of appropriate markers thereon in honor of any such member or group of members. The regulations in this section govern the erection of private memorial markers in national cemeteries under the juris

diction of the Department of the Interior, a list of which is set forth in § 12.3. The source of the regulations in this section is the "Joint Resolution" of the Secretary of the Interior and the Secretary of the Army, issued pursuant to the Act of August 27, 1954, supra, and effective January 26, 1956.

(b) Scope-(1) Those who may be memorialized. Those members of the Armed Forces of the United States whose deaths occurred during a period when the United States was at war or as a result of military operations; whose remains have not been identified, have been buried at sea, or have been determined officially to be nonrecoverable; and on whom there has been either:

(i) A report of missing in action and a subsequent official finding of death; or (ii) An official report of death in &ction. "In action" as used in this paragraph characterizes the casualty status as having been the direct result of hostile action; sustained in combat and related thereto; or sustained going to or returning from a combat mission, provided the occurrence was directly related to hostile action.

(2) Extent of memorialization. The erection of a private marker may be authorized to memorialize a person or a group of persons. Only one individual marker will be authorized for the memorialization of a person; however, the erection of an individual marker to a person will not preclude the inscription of his name on a group marker.

(c) Application for memorialization. (1) Application for authority to erect a private memorial marker shall be submitted to the Director, whose approval should be obtained prior to fabrication of the marker, since erection will not be permitted except on compliance with the conditions specified in the regulations in this part.

(2) Application for permission to erect an individual marker must be submitted by the legal next of kin of the decedent or the authorized representative of the legal next of kin.

(3) Application for permission to erect a group marker may be submitted by a person, a group of persons, or an organization. Each group-marker application must be accompanied by (i) a list of names of the persons to be mer orialized and other data desired for inscription on the marker; (ii) the written approval of

the legal next of kin of each person whose name is to be inscribed on the marker; and (iii) a scale plan depicting the details of the design, materials, finish, carving, lettering, and arrangement of inscription.

(4) The Chief of Support Services, Department of the Army, will determine the eligibility of the persons or groups of persons to be memorialized.

(5) The Director will exercise approval authority and control over assignment of plots for and the design type, size, materials, inscription, and erection of the memorial markers. Approval for erection will be conditional upon the applicant's granting to the Department of the Interior the substantive right to remove and dispose of the marker, if the applicant fails to maintain it in a condition acceptable to the Department.

(d) Markers which may be authorized. (1) Memorial markers will conform to the type, size, materials, design, and specifications prescribed for the cemetery section in which the memorial marker is to be erected. The inscriptions will conform to those authorized to mark graves in national cemeteries and in addition will include the words "In Memoriam" or "In Memory Of" as mandatory elements. The inscription on a memorial marker may not include the name of the person or group of persons or the name or insignia of an organization, fraternity, or society responsible for the purchase and erection of the marker.

(e) Cost and maintenance of memorials. (1) The cost of the private memorial markers, transportation, and erection in the cemetery will be at no expense to the Government. The Department of the Interior will assume no liability or responsibility incident to the purchase, fabrication, delivery, erection, maintenance of, or damage to private memorial markers.

§ 12.11 Cemetery maintenance.

Cemetery maintenance will be performed generally in accordance with the methods and procedures described in chapter 5 of Department of the Army Technical Manual TM 10-287.

§ 12.12 Use and display of flag.

The flag will be used and displayed in accordance with regulations promulgated pursuant to law (56 Stat. 377, ch. 435; 36 U.S.C. 173-178).

AUTHORITY: The provisions of this Part 15 issued under 16 U.S.C. 1 and 5 U.S.C. 301.

§ 15.1 "Environman" and environman symbol.

(a) The name "Environman" and an environman symbol, herein depicted, which symbol is identified as "Human Figure and Design" are service marks belonging to the National Park Service.

(b) These service marks identify man in his environment, which environment is composed of conflicting and harmonizing elements which affect, and are affected by man.

(c) The purpose of the service marks is to identify the role of the U.S. Government, and that of its licenses pursuant hereto, in promoting high-quality environmental education, and to represent and symbolize such activities. The "Human Figure and Design" is the official sign to identify a National Environmental Study Area (NESA). The name "Environman" is used in connection with NESA's and that name and the "Human Figure and Design" are used in connection with National Environmental Education Developments (NEED's), and National Environmental Education Landmarks (NEEL'S). The service marks are intended for further uses in connection with environmental education.