§ 243.4 Policy.

It is the policy of the Department of Defense to promote an intergovernmental partnership and a strengthened Federalism by relying on state processes and on state, areawide, regional, and local coordination for review of proposed DoD Federal development; and to encourage the opportunity to review other agency programs and activities that may affect the Department of Defense.

§ 243.5 Responsibilities.

(a) The Executive Secretary to the Secretary of Defense, having been designated by the Secretary of Defense as the DoD intergovernmental coordination point of contact, shall act as the focal point for all matters relating to E.O. 12372.

(b) The Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (ASD(MRA&L)) shall develop policy and shall:

(1) Have overall management responsibility for intergovernmental coordination of DoD Federal development programs and activities,

(2) Monitor the implementation of E.O. 12372 within the Department of Defense.

(c) The Heads of DoD Components shall:

(1) Establish and maintain an intergovernmental coordination management process concerning DoD Federal development programs and activities described in Appendix A.

(2) Monitor the application of policies, responsibilities, and procedures contained in this rule within their subordinate elements.

(3) Designate an official to be the point of contact for intergovernmental coordination and review matters covered by this rule and report his or her name, position, and office to the

ASD(MRA&L).

(4) Develop procedures that will ensure that a record of state comments, reviews, determinations, recommendations, and the status of programs and activities are maintained.

(5) Designate an official, in accordance with Appendix C, who shall serve as a DoD liaison representative to the states in the respective Federal regions for all DoD intergovernmental

(a) DoD Components shall establish and maintain an intergovernmental coordination management process, reflected in a cooperative agreement when feasible, to achieve full consultation with state, regional, and local entities for those programs and activities covered by this rule. DoD Components shall encourage reciprocal actions with regard to the State, regional, and local programs and activities.

(b) DoD Components shall establish and maintain an inter-agency coordination management process to ensure their development programs and activities are consistent and compatible with the development actions of Federal agencies operating at the local levels. DoD Components shall encourage reciprocal actions by other Federal agencies with regard to their programs and activities. Unresolved conflicts shall be brought to the attention of the ASD(MRA&L).

(c) DoD Components that conduct activities or operate installations that may be affected by the programs and activities of Federal agencies shall take part in the community planning process by providing information, policy, and position statements on those programs and activities to the agencies concerned.

(d) The degree of public interest in a proposed program or activity shall be considered when deciding whether the Congress and the public shall be notified before offering information for comment as prescribed in this rule.

(e) In an emergency, provisions of this rule may be waived by the Secretary of the Military Department concerned. Such instances will be reported to the ASD(MRA&L).

(f) This rule does not affect normal cooperative community planning or coordination relationships between

DoD installations and surrounding

communities.

(g) Further procedures for DoD Federal development programs are prescribed at Appendix D.

APPENDIX A-DOD PROGRAMS AND ACTIVITIES INCLUDED UNDER THIS RULE

EDITORIAL NOTE: For the text of Appendix A, see 48 FR 29142, June 24, 1983.

APPENDIX B-EXAMPLES

OF FEDERAL PROGRAMS AND ACTIVITIES THAT MAY AFFECT THE DEPARTMENT OF DEFENSE

EDITORIAL NOTE: For the text of Appendix B, see 48 FR 29142, June 24, 1983. APPENDIX C-DOD LIAISON REPRESENTATIVES FOR INTERGOVERNMENTAL COORDINATION OF DOD FEDERAL DEVELOPMENT PROGRAMS AND ACTIVITIES

EDITORIAL NOTE: For the text of Appendix C, see 48 FR 29142, June 24, 1983.

APPENDIX D-PROCEDURES FOR DOD FEDERAL DEVELOPMENT PROGRAMS AND ACTIVITIES

EDITORIAL NOTE: For the text of Appendix D, see 48 FR 29142, June 24, 1983.

the Department of Defense as a whole.

§ 244.2 Applicability and scope.

The provisions of this part apply to all components of the Department of Defense (Military Departments, Defense Agencies, and the Office of the Secretary of Defense).

§ 244.3 Policy.

(a) General. Appropriate recognition will be granted to private citizens, groups, or organizations which contribute significant assistance or support to DoD functions, services or operations for the purpose of (1) demonstrating the interest of Department of Defense management in improving efficiency and effectiveness, and (2) encouraging citizens and organizations in their efforts to assist in the accomplishment of Department of Defense missions.

(b) Eligibility. (1) Any person, group, or organization, except those described in paragraph (b)(2) of this section, may be considered for recognition under the provisions of this part on the basis of a significant contribution to the Department of Defense performed as a public service. Such contributions may consist of exemplary service in an advisory capacity to a Department of Defense committee, program, or project; direct assistance to a Department of Defense component through actions or useful ideas which are beneficial in eliminating or minimizing problems or otherwise contributing to mission accomplishment; assistance through the cooperative use of facilities, equipment, or manpower; courageous or heroic actions in support of a Department of Defense activity or mission; or other actions resulting in significant benefits to the Department.

(2) The following are ineligible for recognition under this part:

(i) Military and civilian personnel of the Department of Defense who are eligible for recognition in accordance with DoD Directive 5120.16, "Department of Defense Incentive Awards Program: Policies and Standards,"

June 20, 1969,1 and applicable Department of Defense and Military Department regulations on awards and decorations.

(ii) Persons or organizations having a commercial or profit-making relationship with the Department of Defense or a Department of Defense component, unless it is shown that the contribution is substantially beyond that specified or implied within the terms or contract establishing the relationship, and it is clearly in the public interest.

(3) Honorary awards under this part shall not be granted routinely to successive individuals or organizations performing the same service. Awards shall be recommended and approved only after consideration of the significance and merits of the contribution made in each separate case. Prior to submitting nominations, nominating officials should ascertain that presentation of the award would not embarrass the Department of Defense.

(c) Letters of appreciation. The more modest contributions of private citizens or groups to Department of Defense functions or operations should also be recognized. Letters of appreciation may and should be issued by officials at appropriate levels in recognition of service or assistance considered worthy of such an expression even though not warranting an award under this part.

(b) Department of Defense components may establish other awards for private citizens or organizations as they deem appropriate, subject to the policies set forth in § 244.3.

(c) Awards granted by heads of Department of Defense components may take the form of suitably designed medals, plaques, and/or certificates. Lower level awards will normally consist of certificates of commendation or appreciation.

(d) DoD components will develop eligibility criteria based on this Part and Federal Personnel Manual, chapter 451, subchapter 3-12, for each award level, including guidelines to assist in identifying citizen/organizational assistance and contributions of extremely significant or exceptional benefit which may warrant consideration for the Department of Defense Medal for Distinguished Public Service or the Department of Defense Meritorious Award (see § 244.5 (a) and (b)).

(1) In determining which level of award is most appropriate, consideration shall be given to the scope, magnitude, impact, and overall significance of the service performed.

(2) Individuals recommended for the Department of Defense Medal for Distinguished Public Service shall not be given a component level award for the same achievement unless the higher level award is disapproved.

(e) Individual DoD component committees shall be established to review recommendations for (1) awards to be granted by heads of Department of Defense components, and (2) nominations for Department of Defense level awards.

(f) Department of Defense components shall insure appropriate publicity in announcing and presenting awards.

§ 244.5 Department of Defense awards.

(a) Department of Defense Medal for Distinguished Public Service. (1) The Department of Defense Medal for Distinguished Public Service shall consist of a citation signed by the Secretary of Defense, a medal and a rosette.

(2) To be eligible for this award, the nominee shall be a civilian:

(i) Who does not derive his principal livelihood from Federal Government employment;

(ii) Who at any time since enactment of the National Security Act in 1947 (a) has performed exceptionally meritorious service of significance to the Department of Defense as a whole, or (b) has performed meritorious service of such exceptional significance to a Department of Defense component or function that recognition at the component level is deemed insufficient; and

(iii) Whose service or assistance was performed at considerable personal sacrifice and inconvenience and was motivated by patriotism, good citizenship, and a sense of public responsibility.

(3) Nominations shall be submitted through heads of DoD components, the Director of Defense Research and Engineering, or Assistant Secretaries of Defense, as appropriate, to the Assistant Secretary of Defense (Administration).

(i) Documentation shall be included giving factual evidence that a highly significant service has been provided to the Department of Defense.

(ii) A statutory level committee convened by the Secretary of Defense will review each nomination and may either recommend the granting of the medal or disapprove the nomination.

(4) Only the Secretary of Defense may approve the granting of this medal. He may (i) approve its awarding to a nominee recommended by the review committee or (ii) authorize its granting to any other deserving individual selected by him on his own initiative.

(5) Upon the approval or authorization of the medal, the Assistant Secretary of Defense (Administration) will notify the Assistant Secretary of Defense (Public Affairs) who will insure that presentations of the medal are given appropriate public affairs support.

(6) The Department of Defense Medal for Distinguished Public Service may be awarded posthumously and presented to the next of kin in the following order:

(i) Widow or widower. (ii) Eldest son.

(iii) Eldest daughter.

(iv) Father.

(v) Mother.

(7) Medals will normally be presented either by the Secretary or Deputy Secretary of Defense or by the head of the Department of Defense component or Assistant Secretary of Defense submitting the nomination.

(8) The Assistant Secretary of Defense (Administration) shall maintain records of all nominations and their disposition and provide any administrative support required by the review committee established by the Secretary.

(b) Department of Defense Meritorious Award. (1) The Department of Defense Meritorious Award shall consist of a certificate signed by the Secretary of Defense.

(2) It may be granted to organizations (including corporations, associations, and other groups) for outstanding contributions to the national Defense effort involving the material furtherance of an established Department of Defense program and requiring considerable effort on the part of the organization concerned in the planning and execution of the service rendered. This award will not be used to recognize the efforts of industrial organizations which meet or exceed Department of Defense production quotas.

(3) Recommendations with factual justification may be submitted by heads of Department of Defense components, the Director of Defense Research and Engineering, Assistant Secretaries of Defense, and the chairman of any OSD board, committee, or council.

(4) Recommendations will be transmitted to the Assistant Secretary of Defense (Public Affairs) who will (i) obtain the advice of and coordinate his efforts with officials and agencies within and outside the Department of Defense as required, and (ii) transmit his comments on the appropriateness of the recommendation to the Secretary of Defense.

(5) Under no circumstances will organizations be advised that they are under consideration for this award.

(6) Upon approval, certificates will normally be transmitted to the recom

(a) Presidential Medal of Freedom. (1) The Presidential Medal of Freedom may be awarded in two degrees to any person who has made an especially meritorious contribution to (i) the security or national interests of the United States, or (ii) world peace, or (iii) cultural or other significant public or private endeavors.

(2) Criteria for this award are set forth in Executive Order 9586 (3 CFR Part 410).

(b) Presidential Citizens Medal. (1) This medal may be bestowed upon any citizen of the United States who has performed exemplary deeds of service for his country or his fellow citizens.

(2) Criteria for this award are set forth in Executive Order 11494 (34 FR 18291).

(c) Procedure. Nominations for either Presidential award originating within the Department of Defense will be submitted with full justification by heads of Department of Defense components, the Director of Defense Research and Engineering, or Assistant Secretaries of Defense, as appropriate, to the Special Assistant to the Secretary of Defense, who will provide a recommendation to the Secretary as to whether or not the nomination should be referred to the President.

(d) Records. The Assistant Secretary of Defense (Manpower and Reserve Affairs) shall maintain records on all recommendations and disposition of Presidential award nominations originating in the Department of Defense.

'See footnote 1 to § 244.3(b)(2)(i).

SOURCE: 41 FR 9322, Mar. 4, 1976, unless otherwise noted.

§ 245.1 Foreword.

(a) This part is promulgated in furtherance of the Federal Aviation Act of 1958, as amended, the Communications Act of 1934, as amended, and Executive Order 11490, and supersedes: Plan for the Security Control of Air Traffic and Air Navigation Aids—June 1971.

(b) This part defines the responsibilities of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and the appropriate military authorities for the security control of civil and military air traffic, and control of federal and non-federal air navigation aids.

§ 245.2 Explanation of terms.

For the purpose of this part and supporting documents, the following explanations apply:

(a) Air defense emergency. An emergency condition which exists when attack upon the continental United States, Alaska, Canada, or U.S. installations in Greenland by hostile aircraft or missiles is considered probable, is imminent, or is taking place.

(b) Air defense identification zone. Airspace of defined dimensions within which the ready identification, location and control of aircraft is required.