Appendix 8_FGS UK 2022.pdf

DEPARTMENT OF DEFENSE

UNITED KINGDOM

FINAL GOVERNING STANDARDS

Originating Component: US Department of the Air Force

Effective: June 12, 2024

Releasability: Cleared for Release.

Reissues and Cancels: Final Governing Standards - United Kingdom, November 2017

Approved by: Office of the Deputy Assistant Secretary of the Air Force

(SAF/IEE)

FGS UK

This Page Intentionally Blank

MEMORANDUM FOR DISTRIBUTION

FGS UK Executive Summary i May 2024

EXECUTIVE SUMMARY

Department of Defense Instruction (DoDI) 4715.05, Environmental Compliance at Installations Outside the United States, establishes policy and assigns responsibilities for managing environmental compliance to protect human health and safety outside the United States (US) on installations under Department of Defense (DoD) control. The DoDI designates Lead Environmental Components (LECs) for specific countries and geographic locations outside the US and tasks them to perform various duties. Those duties include establishing and maintaining specific environmental compliance requirements all DoD installations located in the LEC's assigned country must obey. DoDI 4715.05 designates the Secretary of the Air Force (SECAF) as the LEC for the United Kingdom (UK) and authorizes SECAF to delegate LEC responsibilities through the chain-of-command to an appropriate general-level commander. At the present time, SECAF has delegated LEC responsibilities through the chain-of-command to the Deputy Assistant Secretary of the Air Force for Environment, Safety, and Infrastructure (SAF/IEE). In accordance with Air Force Instruction 32-7091, Environmental Management Outside the United States, the Air Force Civil Engineer Center (AFCEC) provides support to SAF/IEE in the performance of LEC responsibilities, to include updating Final Governing Standards (FGS).

The Environmental Final Governing Standards (FGS UK) contained in this document are the primary environmental compliance standards, criteria, and management practices to be used by all at US DoD installations and organizational entities in the UK. unless an exemption or exception applies. In accordance with DoDI 4715.05, FGS do not address remediation of environmental contamination standards, environmental project planning requirements (i.e., environmental impacts analysis process), nor the management or disposal of radioactive waste, except for certain medical waste. Remediation standards are addressed under DODI 4715.08, Remediation of Environmental Contamination Outside the United States. Disposal of radioactive waste is addressed under DoD Instruction 4715.27, Low Level Radioactive Waste (LLRW) Disposal Program and Service Component directives.

The FGS UK comprises Chapter 1, Overview, followed by 16 additional chapters, each addressing one or more environmental media or management processes. Media chapters are grouped into five volumes for the purposes of maintaining structural consistency with Department of Defense Manual (DoDM) 4715.05, Overseas Environmental Baseline Guidance Document (2020 OEBGD) dated 29 June 2020. Cognizance of the information provided in Chapter 1 is essential to the accurate understanding and application of standards in all sections of this document.

FGS UK List of Updates/Revisions ii May 2024

LIST OF UPDATES/REVISIONS

CHANGE NUMBER DATE POSTED BY

FGS UK Table of Contents iii May 2024

TABLE OF CONTENTS

EXECUTIVE SUMMARY ............................................................................................................. i LIST OF UPDATES/REVISIONS ................................................................................................. ii CHAPTER 1: OVERVIEW ......................................................................................................... 1-1

VOLUME I: CONSERVATION ..................................................................................................... i CHAPTER 2: HISTORIC AND CULTURAL RESOURCES .................................................... 2-1

CHAPTER 3: NATURAL RESOURCES AND ENDANGERED SPECIES ............................ 3-1

VOLUME II: AIR AND TOXICS ................................................................................................... i CHAPTER 4: AIR EMISSIONS ................................................................................................. 4-1

CHAPTER 5: ASBESTOS .......................................................................................................... 5-1

CHAPTER 6: LEAD BASED PAINT (LBP) .............................................................................. 6-1

CHAPTER 7: POLYCHLORINATED BIPHENYLS (PCBs) ................................................... 7-1

VOLUME III: WATER ................................................................................................................... i CHAPTER 8: DRINKING WATER ........................................................................................... 8-1

CHAPTER 9: WASTEWATER AND STORMWATER ............................................................ 9-1

VOLUME IV: HAZARDOUS MATERIALS, STORAGE TANKS, SPILLS, AND

PESTICIDES ................................................................................................................................... i CHAPTER 10: HAZARDOUS MATERIALS .......................................................................... 10-1

CHAPTER 11: PETROLEUM, OIL, AND LUBRICANTS (POL) .......................................... 11-1

CHAPTER 12: UNDERGROUND STORAGE TANKS (USTs) ............................................. 12-1

CHAPTER 13: SPILL PREVENTION AND RESPONSE ....................................................... 13-1

CHAPTER 14: PESTICIDES .................................................................................................... 14-1

VOLUME V: WASTE ..................................................................................................................... i CHAPTER 15: SOLID WASTE ................................................................................................ 15-1

CHAPTER 16: HAZARDOUS WASTE ................................................................................... 16-1

CHAPTER 17: MEDICAL WASTE ......................................................................................... 17-1

FGS UK Chapter 1, Overview iv May 2024

DEFINITIONS

Unless otherwise noted, these terms and their definitions are for the purpose of this volume.

Defence Infrastructure Organisation (DIO)

Organization that manages the military estate, including accommodation for Service personnel and the US Visiting Forces, on behalf of the Ministry of Defence (MoD). DIO supports and enhances military capability, delivering the full range of services that are required to maintain a diverse, sustainable estate.

Enduring location A location is enduring when DoD intends to maintain access and use of that location for the foreseeable future. The following types of sites are considered enduring for US Government purposes: main operating base, forward operating site, and cooperative security location. All three types of locations may be composed of more than one distinct site. Enduring locations are published in the OSD-approved Enduring Location Master List.

Final Governing Standard (FGS)

A comprehensive set of country-specific substantive environmental provisions; typically, technical limitations on effluent, discharges, etc., or a specific management practice, developed in accordance with DoDI 4715.05.

Installation An enduring location consisting of a base, camp, post, station, yard, center, or other DoD activity under the operational control of the Secretary of a Military Department or the Secretary of Defense.

International agreement

A multilateral or bilateral agreement, such as a base rights or access agreement, a status-of-forces agreement, or any other instrument defined as a binding international agreement in accordance with DoDD 5530.3, “International Agreements" (Reference (n)).

RAF Commander The formal representative of the installation who may serve as the liaison with national authorities and the contact with local authorities and local UK military and civil entities.

Standards Substantive elements of US laws and federal regulations applicable to DoD installations, facilities, and actions in the United States or that have extraterritorial application.

United States The several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, Midway and Wake Islands, the US Virgin Islands, any other territory or possession of the United States, and associated navigable waters, contiguous zones, and ocean waters of which the natural resources are under the exclusive management authority of the United States.

v May 2024

ACRONYMS

ASD (Sustainment) Assistant Secretary of Defense for Sustainment

DoDD DoD Directive

DoDI DoD Instruction

EO Executive Order

FGS Final Governing Standard

LEC lead environmental component

OEBGD Overseas Environmental Baseline Guidance Document

OSD Office of the Secretary of Defense

UK United Kingdom

US United States

USC United States Code

USD(A&S) Under Secretary of Defense for Acquisition and Sustainment

USEUCOM United States European Command vi May 2024

1-1 May 2024

CHAPTER 1: OVERVIEW

The Environmental Final Governing Standards (FGS) for the United Kingdom (UK) are the primary environmental compliance standards, criteria, and management practices to be used by all United States (US) Department of Defense (DoD) installations and organizational entities in the UK. Cognizance of the information provided in this chapter is essential to the accurate understanding and application of all volumes, chapters, and sections of this document.

1.1. GENERAL ISSUANCE INFORMATION

Department of Defense Instruction (DoDI) 4715.05, Environmental Compliance at Installations Outside the United States, establishes policy and assigns responsibilities for managing environmental compliance to protect human health and safety outside the United States (US) on installations under DoD control. The DoDI designates Lead Environmental Components (LECs) for specific countries and geographic locations outside the US and tasks them to perform various duties. The FGS UK are an update to the 2013 FGS UK, with updates as of 30 September 2016 and 30 September 2017 (published 2019). This update is based on Department of Defense Manual (DoDM) 4715.05, Overseas Environmental Baseline Guidance Document (OEBGD), published 29 June 2020. The standards were developed by comparing and adopting the more protective criteria of the OEBGD, applicable UK and European Union (EU) laws and regulations, and relevant international agreements. UK laws of general applicability include those specifically delegated to regional or local governments for implementation by the national government and that are generally applied to the British Armed Forces.

1.1.1. Scope and Purpose.

1.1.1.1. The purpose of these Final Governing Standards (FGS) is to provide specific standards for environmental compliance at Department of Defense (DoD) installations in the UK. This document implements DoD Instruction (DoDI) 4715.05, "Environmental Compliance at Installations Outside the United States," and is based on the OEBGD.

1.1.1.2. DoD Components will consult with the DoD Lead Environmental Component (LEC) or, if no DoD LEC is designated, with the applicable Combatant Commander on actions that could seriously affect mission, involve a substantial commitment of funds, or set a precedent.

1.1.2. Applicability.

1.1.2.1. These FGS apply to:

1.1.2.1.1. The Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (DoD Components).

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1.1.2.1.2. Actions of the DoD Components on installations, as defined in DoDI

4715.05, under DoD control in the UK.

1.1.2.1.3. Support functions for US military vessels, ships, aircraft, or space vehicles provided by the DoD Components, including the management and disposal of off-loaded waste or hazardous materials.

1.1.2.2. These FGS do not apply to:

1.1.2.2.1. Operations of United States (US) military vessels, ships, aircraft, or space vehicles.

1.1.2.2.2. Off-installation training.

1.1.2.2.3. Contingency locations, which are addressed in DoDI 4715.22, “Environmental Management Policy for Contingency Locations”.

1.1.2.2.4. Facilities and activities associated with the Naval Nuclear Propulsion Program, in accordance with Executive Order (EO) 12344 and conducted pursuant to Section 7158 of Title 42, United States Code (USC).

1.1.2.2.5. Actions to remediate environmental contamination, which are addressed in DoDI 4715.08, “Remediation of Environmental Contamination Outside the United States (Incorporating Change 2, August 31, 2018)”.

1.1.2.2.6. Environmental analyses conducted in accordance with EO 12114, “Environmental Effects Abroad of Major Federal Actions”.

1.1.2.2.7. DoD installations that do not have the potential to affect the natural environment (e.g., activities that are primarily administrative) or where, in consultation with the Assistant Secretary of Defense for Sustainment (ASD(Sustainment)), the geographic Combatant Commander concerned has determined that no significant force health protection or environmental threats exist.

1.1.2.2.8. Leased, joint use, and similar facilities to the extent that the DoD does not control the instrumentality or operation that a criterion seeks to regulate.

1.1.2.2.9. Activities, systems, operations, and areas where DoD has no authority or responsibility including Cooperative Security Locations.

1.1.2.2.10. Status-of-forces agreements between host nations (HNs) and US exceptions.

1.1.2.3. Rights or Obligations.

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These standards do not create any rights or obligations enforceable against the US, the DoD, or any of its Components, nor does it create any standard of care or practice for individuals. Although this document refers to other DoDDs, DoDIs, and DoD manuals, it is intended only to coordinate the requirements of those directives as required to implement the policies found in DoDI 4715.05. This document does not change other DoDDs, DoDIs, or DoD manuals or alter DoD policies.

1.2. RESPONSIBILITIES.

1.2.1. DoD Component Heads. The DoD Component heads plan, program, and budget to meet the standards contained in this document.

1.2.2. Commander, United States European Command (USEUCOM).

1.2.2.1. The Commander, USEUCOM, is designated as the DoD Theater Environmental Coordinator for Europe due to the unique construct and influence of the European Union, and oversees the consistent application of this document at installations within the UK. Additional guidance is provided in Enclosure 4 of DoDI 4715.05.

1.2.2.2. The Commander provides general oversight and coordination with the DoD LECs, as necessary, to carry out their missions in accordance with the FGS.

1.2.2.3. The Commander adjudicates requests for exceptions to the requirements of this document in accordance with DoDI 4715.05, when the Military Department requesting the exception is also the DoD LEC. When the Combatant Commander is the DoD LEC and requests an exception, the request is elevated to the ASD(S) for adjudication.

1.2.3. Lead Environmental Component (LEC).

1.2.3.1. The LEC for these FGS is the Deputy Assistant Secretary of the Air Force (Environment, Safety, and Infrastructure). However, the point of contact for environmental compliance issues is Air Force Installation and Mission Support Center, Detachment 4/Installation Management Branch (AFIMSC Det 4/CEI).

1.2.3.2. Questions or comments pertaining to this FGS should be directed to the AFIMSC Det 4/CEI:

AFIMSC Det 4/CEI Unit 3122

APO AE 09094-3122

DSN Voice 480-6482

Commercial +49-6371-47-6482 Email AFIMSCDet4.CEI.InstallationMngt@us.af.mil

1.2.3.3. LEC responsibilities include:

1-4 May 2024

1.2.3.3.1. Developing and maintaining the FGS for its Area of Responsibility

1.2.3.3.2. Planning, programming, and budgeting for preparation and maintenance of the FGS.

1.2.3.3.3. Identifying applicable UK environmental standards, monitoring regulatory trends, and maintaining copies of applicable UK environmental documents, standards, and regulations.

1.2.3.3.4. Consulting with UK authorities on environmental issues, as appropriate, to maintain effective cooperation on environmental matters.

1.2.3.3.5. Consulting with the chief of the US diplomatic mission in the UK, the affected Military Services through the chain of command, the geographic Combatant Commanders, and the USD(P) on significant issues arising from DoD environmental policy in the UK.

1.2.3.3.6. Preparing and maintaining the FGS in countries that the USD(AT&L) designates, including providing technical, legal, and programmatic support to the process.

1.2.3.3.7. Adjudicating requests for exceptions from the DoD Components in accordance with procedures included in Section 7 of enclosure 3 of DoDI 4715.05.

1.2.3.3.8. Keeping DoD Components informed of current environmental developments and trends.

1.2.3.3.9. Performing other responsibilities as may be assigned in other DoD issuances or guidance.

1.3. GENERAL GUIDANCE.

The FGS UK ensures consistent application of environmental standards for all installations operated by DoD Components within the UK. These standards represent minimum criteria.

DoD Components may impose additional criteria provided those policies and directives do not conflict with this document. DoD Components may issue supplementary criteria that are more protective of the environment than those required by the FGS UK, provided they first obtain written concurrence from the DoD LEC.

1.3.1. Use of the FGS UK.

1.3.1.1. These FGS provide environmental standards for DoD Components in the UK.

These standards apply to all facilities, tenants, operations, and activities under DoD control on the installation.

1-5 May 2024

1.3.1.2. DoD Components must use the FGS UK as standards for environmental compliance rather than the individual source documents that have been reconciled by the LEC in the creation of the FGS UK.

1.3.1.3. In cases where updates or revisions to the OEBGD have not yet been considered and incorporated into the FGS, installations must comply with the more protective standard, whether it is found in this document or the OEBGD.

1.3.1.4. Conflicts, issues, or concerns related to the FGS UK should be presented to the LEC or the Combatant Commander (USEUCOM), as appropriate.

1.3.1.5. DoD Components will consult with the LEC on actions that could seriously affect mission, involve a substantial commitment of funds, or set a precedent.

1.3.1.6. Activities and installations shall notify the LEC of any conflicting DoD Component policies or directives they discover prior to imposing criteria more protective than provided in these FGS. Requests for more protective criteria must be evaluated based on their potential impact upon other activities and installations, and upon their relationship with UK authorities. DoD activities and installations must clearly identify variances from the FGS UK in all requests for resources.

1.3.1.7. DoD Components shall not enter into agreements with UK authorities at any level that establish criteria for environmental compliance that contradicts those provided in these FGS without the prior written approval of the LEC.

1.3.2. Effective Dates.

Standards identified in this manual are effective immediately upon publication. Installations and DoD Components must plan, program, and budget in accordance with Section 6 of Enclosure 3 of DoDI 4715.05.

1.3.3. Noncompliance Terminology.

Terms such as “noncompliance,” “out of compliance,” “violation,” “exceedance,” “nonconformity,” and “nonconformance” are used synonymously to describe the condition of failing to meet a standard or a specific limit or value within a standard in this document.

1.3.4. Sampling and Analytical Considerations.

1.3.4.1. Laboratory analyses necessary to comply with FGS criteria shall normally be conducted in a laboratory that has been certified by a US or UK regulatory authority, or accredited through the DoD Environmental Laboratory Accreditation Program, for the applicable test method and follows required quality assurance and quality control protocol. In the absence of a certified laboratory, analyses may also be conducted at a laboratory that has an established reliable record of high-quality assurance compliance with standards for the applicable test method that are generally recognized by appropriate industry or scientific organizations.

1-6 May 2024

1.3.4.2. DoD Components shall establish and implement an environmental audit program to ensure that overseas installations assess compliance with these FGS at least once every 3 years at all major installations.

1.3.4.3. Unless otherwise specified, all recordkeeping requirements, including assessments, inspection records, logs, manifests, notices, forms, and formats, are described in accordance with DoD 8910.01-M, Volume 1, “DoD Information Collections Manual:

Procedures for DoD Internal Information Collections”.

1.3.4.4. Field sample and data collection must be conducted by personnel with demonstrated experience in the applicable test method and sampling. All procedures used for testing, quality assurance, and reporting of results should be those commonly accepted in the field of air pollution control.

1.3.5. Recordkeeping.

All records generated while implementing the standards in this manual must be maintained by installations in accordance with the FGS, this manual, DoDI 5015.02, and DoD Component policies.

1.3.6. Compliance of Installation Tenants and Supported Activities. Installation tenants and supported activities must comply with environmental standards specified in these FGS.

1.3.7. Contractor Compliance. Contractors performing work for the DoD at DoD installations in the UK shall comply with all UK laws and regulations, including obtaining all necessary authorizations and licences. Contracts must reflect the FGS UK to the extent that such requirements are relevant and practicable. Contracting services does not absolve DoD Components from compliance with this document unless exempted under Paragraph 1.3.9.

1.3.8. Owned, leased, and joint use facilities.

1.3.8.1. Leased facilities under DoD operation and control in the UK are subject to the standards of the FGS UK.

1.3.8.2. Owned, leased, and joint use facilities that are operated or maintained by DoD Components must comply with these standards when, and to the extent that, the Component controls the operation or maintenance activity(ies).

1.3.8.3. At leased facilities operated and maintained by others, DoD Components may opt to require compliance with these standards by the lessor or contractor. In any case, lessors and contractors must fully comply with UK legal requirements.

1.3.9. Exceptions. DoDI 4715.05 outlines conditions that may warrant exceptions and procedures for submitting exception requests. If the requirements of the FGS UK conflict with technical standards used for military systems and equipment maintenance, or otherwise impact the ability of installations to sustain weapon systems and equipment, an exception can be

1-7 May 2024 requested. The senior commander or installation commander responsible for materiel system maintenance services must act as the proponent.

1.4. ADDITIONAL INFORMATION.

1.4.1. Permits and Reporting.

1.4.1.1. Formal interaction or interaction of common interest between the US and UK, on environmental activities, shall be conducted with the cognizance of the RAF Commander and the LEC.

1.4.1.2. The DoD shall not directly obtain authorizations (including, but not limited to licenses and permits) from UK authorities. If an authorization is required for DoD activities as listed within these FGS, the DoD Component shall request the RAF Commander to obtain such an authorization on their behalf.

1.4.1.3. When the RAF Commander obtains an authorization on behalf of a DoD Component and it requires a more protective standard than prescribed in the FGS, the standard in the authorization shall be the compliance standard. However, if an authorization allows a less protective standard, then the FGS will be the compliance standard unless a waiver is obtained.

DoD Components will assist the RAF Commander with applying for all authorizations and providing reports and records or otherwise helping them with their liaison duties.

1.4.1.4. If the installation at issue does not appear to fall under the responsibility of any RAF Commander, the DoD installation shall request clarification from the LEC via the chain of command. The LEC will pursue having higher UK military headquarters resolve representational responsibility, when necessary.

1.4.1.5. If no authorization is obtained on behalf of the DoD Component after all reasonable efforts have been exhausted, these FGS will be the compliance standards. The DoD Component shall notify the LEC via the chain of command. The LEC will pursue further permit discussions with higher UK military headquarters, as needed.

1.4.1.6. Contractors performing work for the DoD at DoD installations shall comply with all UK laws and regulations, including obtaining all necessary authorizations. Contracting services does not absolve DoD Components from compliance with this document unless exempted under Paragraph 1.3.

1.4.2. Working with the LEC.

1.4.2.1. DoD Components shall consult with the LEC when specified in this document and when:

1.4.2.1.1. Significant exceedances of FGS or approval criteria occur.

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1.4.2.1.2. UK enforcement action is initiated.

1.4.2.1.3. An issue is raised that has the potential to affect multiple installations or military services.

1.4.2.2. DoD Components shall notify the LEC when specified in this document and when:

1.4.2.2.1. Information is provided to Defense Infrastructure Organisation (DIO) or higher UK military headquarters for activities requiring approval, as governed by this document.

1.4.2.2.2. DIO, higher UK military headquarters or other UK official requests information.

1.4.2.2.3. Any UK official requests access to an installation in order to conduct an environmental inspection.

1.4.2.3. The LEC, working with the notifying DoD Component, may determine notification specified in this document is no longer required on a case-by-case basis.

1.4.3. Access to Installations & Information by UK Authorities.

1.4.3.1. Inspections and non-routine requests for information by UK authorities shall be coordinated with the RAF Commander and the LEC via the DoD Component chain-of-command. To the maximum extent possible, US military personnel, rather than civilian personnel, should lead the review of DoD Component activities by UK authorities during inspections.

1.4.4. Legal Protections for US Forces Employees.

1.4.4.1. Legal protections afforded DoD personnel investigated or charged by the UK with alleged offenses arising out of any act or omission done in the performance of official duty vary depending upon the status of the individual under the NATO Status of Forces Agreement (SOFA) and other applicable international agreements. In general, there is a greater ability for the US to assert a primary right to exercise criminal jurisdiction over a military service member of the force as opposed to a member of the civilian component. There is no such right with respect to local national employees. Accordingly, military service members should assume responsibility under these FGS in lieu of DoD civilians or local national employees where non-compliance may result in a UK enforcement action.

1.4.4.2. Installations, activities, and personnel should immediately contact their servicing legal office when faced with possible or actual UK enforcement actions in order to maximize protections afforded to DoD personnel under the NATO SOFA, bilateral agreements, and US and DoD regulations, and to secure legal representation for the subjects of the enforcement

1-9 May 2024 action (including local national employees). Installations will report possible or actual UK enforcement actions to the LEC via their chain-of-command.

1.4.4.3. If the host nation authorities seek to question a DoD employee regarding his or her official duties, a representative from installation legal should accompany the employee. The installation legal representative should clarify with the UK authorities whether the employee is questioned as a suspect or a witness, and the employee advised accordingly. It may not be readily apparent whether the host nation legal proceeding is criminal or administrative in nature. This point should be clarified as soon as possible since different procedures may apply depending on the answer. Installations will report interview by UK authorities to the LEC via their chain-of-command.

1.4.5. Related Programs.

Additional guidance about related programs and initiatives that may apply outside the United States is included in other DoD policies and issuances. Climate change adaptation and resilience is addressed in DoDD 4715.21.

1.4.6. Website References.

1.4.6.1. References to websites that are not controlled by the DoD are intended for information purposes, solely to facilitate compliance with existing standards in this document.

1.4.6.2. Any other requirement, standard or criteria listed on the website shall not be incorporated by reference as an FGS. Reference to the website does not establish any obligation to comply with other requirements, standards, or criteria listed on the website.

1.4.6.3. Referenced websites that are not under the control of the DoD may be changed at any time without notice to the DoD.

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FGS UK Volume I, Conservation

VOLUME I: CONSERVATION

TABLE OF CONTENTS

CHAPTER 2: HISTORIC AND CULTURAL RESOURCES .................................................... 2-1

2.1. INTRODUCTION. ........................................................................................................... 2-1

2.2. GENERAL. ....................................................................................................................... 2-1

2.3. PERSONNEL QUALIFICATIONS. ................................................................................ 2-1

2.4. CULTURAL RESOURCES MANAGEMENT PLAN. ................................................... 2-1

2.5. AVOIDANCE AND MITIGATION OF ADVERSE EFFECTS. .................................... 2-2

CHAPTER 3: NATURAL RESOURCES AND ENDANGERED SPECIES ............................ 3-1

3.1. INTRODUCTION. ........................................................................................................... 3-1

3.2. GENERAL. ....................................................................................................................... 3-1

3.3. PERSONNEL QUALIFICATIONS. ................................................................................ 3-2

3.4. NATURAL RESOURCES MANAGEMENT PLAN. ..................................................... 3-3

3.5. NATURAL RESOURCES MANAGEMENT PLAN IMPLEMENTATION. ................ 3-3

3.6. RECORDKEEPING. ........................................................................................................ 3-4

DEFINITIONS

Unless otherwise noted, these terms and their definitions are for the purpose of this volume.

Adverse effect Changes that diminish the integrity or significance of historic and cultural resources.

Archeological resource

As a subset of historic and cultural resources, these may include any material remains of prehistoric or historic human life or activities.

Such resources may include pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal remains, or any portion of these items.

Biosecurity Managing relevant risks to human, animal, and plant life and health, and associated risks to the environment from the introduction of disease, invasive or alien species, and pests.

Conservation Planned management, use, and protection; continued benefit for present and future generations; and prevention of exploitation, destruction, and neglect.

Conservation area Areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance.

Conservation areas inventories can be obtained through the installation Defence Infrastructure Organisation (DIO) Representative and the RAF Commander.

Controlled site A site designated by UK authorities in the UK, in UK waters, or in international waters, which comprises the remains of, or a substantial part of, an aircraft which crashed while in military service or a vessel which has sunk or been stranded while in military service.

Defence Infrastructure Organisation (DIO)

Organization that manages the military estate, including accommodation for Service personnel and the US Visiting Forces, on behalf of the Ministry of Defence (MoD). DIO supports and enhances military capability, delivering the full range of services that are required to maintain a diverse, sustainable estate.

Designated area Areas designated for the protection of flora, fauna, and habitats within the UK. Designated Areas include but are not limited to Sites of Special Scientific Interest (SSSI), Special Areas of Conservation (SAC), Special Protection Areas (SPA), Habitats of Principle Importance (HPI), County Wildlife Sites (CWS) and National and Local Nature Reserves (NNR/LNR).

Ecosystem-based management

A goal-driven approach to managing natural resources that supports present and future mission requirements; preserves ecosystem integrity; is at a scale compatible with natural processes; is cognizant of nature’s timeframes; recognizes social and economic viability within functioning ecosystems; is adaptable to complex and changing requirements; and is realized through effective partnerships. It is a process that considers the environment as a complex system functioning as a whole, not as a collection of parts, and recognizes that people and their social and economic needs are a part of the whole.

Enduring location A location is enduring when DoD intends to maintain access and use of that location for the foreseeable future. The following types of sites are considered enduring for US Government purposes: main operating base, forward operating site, and cooperative security location. All three types of locations may be composed of more than one distinct site. Enduring locations are published in the OSD-approved Enduring Location Master List.

Final Governing Standard (FGS)

A comprehensive set of country-specific substantive environmental provisions; typically, technical limitations on effluent, discharges, etc., or a specific management practice, developed in accordance with DoDI 4715.05.

Historic and cultural resources

A prehistoric or historic district, site, building, structure, or object significant in world, national, or local history, architecture, archeology, engineering, or culture. This includes artifacts, archeological resources, records, and material remains that are related to such a district, site, building, structure, or object, and also includes natural resources (plants, animals, landscape features, etc.)

that may be considered important as a part of a country’s traditional culture and history. This includes, but is not restricted to, a property listed on the World Heritage List or designated in the UK as a Listed Building, Scheduled Monument, Conservation Area, Controlled Site, or Restricted Area and other local and regional historic and cultural resources identified in the ICRMP.

Historic and cultural resources program

A program for identification, evaluation, documentation, curation, acquisition, protection, rehabilitation, restoration, management, stabilization, maintenance, recording, and reconstruction of historic and cultural resources. Includes safeguarding cultural property against the foreseeable effects of an armed conflict in compliance with the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.

Installation An enduring location consisting of a base, camp, post, station, yard, center, or other DoD activity under the operational control of the Secretary of a Military Department or the Secretary of Defense.

International agreement

A multilateral or bilateral agreement, such as a base rights or access agreement, a status-of-forces agreement, or any other instrument defined as a binding international agreement in accordance with DoDD 5530.3, “International Agreements" (Reference (n)).

Invasive species Any live specimen of a species or subspecies of animals, plants, fungi or micro-organisms introduced into the UK outside its natural range; including any part, gametes, seeds, eggs or propagules of such species, as well as any hybrids, varieties or breeds that might survive and subsequently reproduce, and whose introduction or spread has been found to threaten or adversely impact biodiversity and related ecosystem services.

Inventory The act of determining the location of historic and cultural resources that may have world, national, or local significance, or the record of such determinations.

Listed building Buildings included in a list of buildings of special architectural or historic value which has been compiled or approved by UK regulators. Listed Buildings inventories can be obtained through the installation DIO Representative and the RAF Commander.

Material remains Physical evidence—whether above ground, below ground, or underwater—of human habitation, occupation, use, or activity, including the site, loci, or context in which such evidence is situated.

Such evidence may include structures; artifact concentrations or scatters; whole or fragmentary tools, implements, containers, weapons, clothing, and ornaments; by-products, waste products, or debris resulting from manufacture or use; organic waste; human remains; rock carvings, rock paintings, and intaglios; rock shelters and caves; and all their portions or wreckage.

Mitigation Specific steps designed to lessen or offset the adverse effects of a DoD action on a historic or cultural resource.

Natural resources Living and inanimate materials, but not artifacts, existing in nature that are of aesthetic, ecological, educational, historical, recreational, scientific, or other value.

Natural resources management

Actions taken that combine science, economics, and policy to study, preserve, manage, and restore natural resources to strike a balance with the needs of people and the ability of the ecosystem to sustain and support the natural environment.

Natural resources management plan

An integrated plan focused, to the maximum extent practicable, on ecosystem-based management. It shows the interrelationships of individual components of natural resources management (e.g., fish and wildlife, forestry, land management, outdoor recreation) to mission requirements and other land use activities affecting an installation’s natural resources.

Preservation The act or process of applying measures to sustain the existing form, integrity, and material of a building, structure, or other historic or cultural resource, and the existing form and vegetative cover of a site.

It may include initial stabilization work where necessary, as well as ongoing maintenance of the historic building materials.

Protection In the context of historic and cultural resource protection in Chapter 2, “Historic and Cultural Resources”, the act or process of applying measures designed to affect the physical condition of a property by safeguarding it from deterioration, loss, attack, or alteration, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment is generally temporary and anticipates future historic preservation treatment; in the case of archaeological sites, the protective measure may be temporary or permanent.

RAF Commander The formal representative of the installation who may serve as the liaison with national authorities and the contact with local authorities and local UK military and civil entities.

Restricted area A site of a vessel lying wrecked on or in the seabed in UK waters and which has been designated a Restricted Area by UK regulators on account of the historical, archaeological or artistic importance of the vessel, or of any objects contained or formerly contained in it which may be lying on the sea bed in or near the wreck.

Species at risk (SAR) Includes species on the United States Fish and Wildlife Service/National Oceanic and Atmospheric Administration Fisheries Service Foreign Species List or UK list designated as threatened, endangered, country-specific protected species, or a species that is a candidate for listing. SAR may also include species whose potential designation as threatened, endangered, or country-specific protected species could require conservation efforts that may substantially affect a military mission. The Foreign Species List can be found on the United States Fish and Wildlife Service website under Endangered Species: http://www.fws.gov/endangered. To find foreign species at the site, click on “More species searches” under “Quick Searches” then click on “Foreign Species” under “Listed Species”.

Scheduled monument

Monuments designated by UK regulators as having national importance because of historic, architectural, traditional, artistic, or archeological reasons. A scheduled monument may be a building, structure, or site of archeological interest that was made or occupied by man at any time. The list of Scheduled Monuments can be obtained through the installation DIO Representative and the RAF Commander.

Significant natural resources

Natural resources identified as having special importance to an installation or its ecosystem. Natural resources may be significant on a local, regional, national, or international scale. Threatened or endangered species and SAR and their habitats are significant natural resources.

Sites of special scientific interest

(SSSI)

Designated sites that provide for the highest national protection of a representative sample of UK habitats. The interest of a particular site may be for any of its flora, fauna, or geological or physiographical features.

Special areas of conservation (SAC)

Areas of land designated and recognized within Europe, where the habitats and species present are of conservation importance. Special Areas of Conservation are also classified as Sites of Special Scientific Interest in the UK.

Special protection areas (SPA)

Areas of land or water designated and recognized within Europe as providing important habitat for rare and endangered bird species.

Special Protection Areas are also classified as Sites of Special Scientific Interest in the UK.

Standards Substantive elements of US laws and federal regulations applicable to DoD installations, facilities, and actions in the United States or that have extraterritorial application.

UK protected species Any species of flora or fauna listed or designated by the UK, because the species’ continued existence is, or is likely to be, threatened and is therefore subject to special protection from destruction or adverse modification of associated habitat. Lists of UK Protected Species can be obtained from the LEC (contact information can be found in Paragraph 1.2.3.).

United States The several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, Midway and Wake Islands, the US Virgin Islands, any other territory or possession of the United States, and associated navigable waters, contiguous zones, and ocean waters of which the natural resources are under the exclusive management authority of the United States.

vii May 2024

ACRONYMS

ASD (Sustainment) Assistant Secretary of Defense for Sustainment

DoDD DoD Directive

DoDI DoD Instruction

EO Executive Order

FGS Final Governing Standard

LEC lead environmental component

OEBGD Overseas Environmental Baseline Guidance Document

OSD Office of the Secretary of Defense

SAR species at risk

UK United Kingdom

US United States

USC United States Code

USD(A&S) Under Secretary of Defense for Acquisition and Sustainment

USEUCOM United States European Command viii May 2024

FGS UK Chapter 2, Historic and Cultural Resources

2-1 May 2024

CHAPTER 2: HISTORIC AND CULTURAL RESOURCES

2.1. INTRODUCTION.

This chapter contains standards on the preservation and management of historic and cultural resources, such as properties on the World Heritage List, or properties designated in the UK as Listed Buildings or Scheduled Monuments.

2.2. GENERAL.

Installations must take into account the effect of any action on a property listed on the World Heritage List or designated in the UK as a Listed Building, a Scheduled Monument, Conservation Area, Controlled Site, or Restricted Area for the purpose of avoiding or mitigating any adverse effects.

2.2.1. Installations shall have access to the World Heritage List and the UK registers of Listed Buildings, Scheduled Monuments, Conservation Areas, Controlled Sites, and Restricted Areas.

2.3. PERSONNEL QUALIFICATIONS.

Installations must ensure that:

2.3.1. Personnel performing historic or cultural resource functions have the necessary expertise in world, national, and local history and culture.

2.3.2. Personnel directing historic and cultural resource functions are trained and qualified to the level of their responsibilities in the management of historic or cultural resources.

2.4. CULTURAL RESOURCES MANAGEMENT PLAN.

Installations must:

2.4.1. After consultation with the UK installation commander (e.g., RAF Commander) or similar appropriate UK authorities:

2.4.1.1. Develop and maintain an inventory of historic and cultural resources in areas under DoD control using records searches and visual surveys. Installations should use geospatial referencing to document locations of historic and cultural resources, when possible.

2.4.1.2. Establish appropriate measures to protect and preserve known historic or cultural resources, including measures to prevent DoD personnel from disturbing or removing

2-2 May 2024 archeological resources; disturbing or removing remains or other items from Controlled Sites;

and disturbing or removing any part of a vessel from a Restricted Area without permission of the

UK.

2.4.2. If cultural resources are identified in areas under DoD control, prepare, maintain, and implement a historic and cultural resources management plan that includes the information needed to:

2.4.2.1. Make appropriate decisions about historic and cultural resources identified on the installation inventory.

2.4.2.2. Mitigate any adverse effects, as necessary.

2.5. AVOIDANCE AND MITIGATION OF ADVERSE EFFECTS.

Installations must ensure that the possible adverse effects of DoD actions on historic and cultural resources are avoided or mitigated, to the extent practicable.

2.5.1. Before planning any major construction, major repair work, or ground-disturbing activity, evaluate the proposed project site, in consultation with the appropriate UK authorities, and consider all practicable means to appropriately avoid, minimize, and mitigate any adverse effects on historic and cultural resources. Unless a prior analysis has cleared the site, the analysis must include at a minimum.

2.5.1.1. Preparing a site plan illustrating the limit of construction and work.

Modifications to the project boundaries after approval require re-evaluation of the project.

2.5.1.2. Determining the presence or absence of historic and cultural resources that may be affected by the project.

2.5.1.3. Assessing the effect or potential effect of the proposed project on historic or cultural resources.

2.5.1.4. Identifying any appropriate mitigation for potential adverse effects and specifying limitations, restrictions, or provisions. Mitigation may include, but is not limited to:

2.5.1.4.1. Limiting the magnitude of the action.

2.5.1.4.2. Relocating the action in whole or in part.

2.5.1.4.3. Repairing, rehabilitating, or restoring the affected resources or property.

2.5.1.4.4. Recovering and recording data from cultural properties that may be destroyed or substantially altered.

2-3 May 2024

2.5.2. Maintain records of processed actions.

2.5.3. If potential historic or cultural resources not previously inventoried are discovered in the course of a DoD action:

2.5.3.1. Preserve and protect the newly discovered items pending consultation with appropriate UK authorities (e.g., RAF Commander and, if appropriate, local planning authorities).

2.5.3.2. Consult with appropriate UK authorities prior to determining the appropriate treatment of the historic or cultural resource.

2-4 May 2024

FGS UK Chapter 3, Natural Resources and Endangered Species

3-1 May 2024

CHAPTER 3: NATURAL RESOURCES AND ENDANGERED SPECIES

3.1. INTRODUCTION.

This chapter establishes standards on the conservation of natural resources. Conservation measures may include protection of significant natural resources, including any species of flora or fauna or considered species at risk (SAR), by either US or UK governments. Such measures may include protection of the habitats of those species.

3.2. GENERAL.

Installations must evaluate natural resources for significance.

3.2.1. Installations must determine the presence of SAR, all of which are considered significant natural resources, through surveys or other methods.

3.2.2. Installations that actively manage fish and wildlife, forestry, vegetation and erosion control, agricultural activities, grazing activities, or wetlands protection normally have significant resources, but must consider the following items when determining significance:

3.2.2.1. The degree of active management needed.

3.2.2.2. Special natural features.

3.2.2.3. Aesthetics.

3.2.2.4. Outdoor recreational opportunities.

3.2.2.5. The ecological context of the installation.

3.2.3. Installations having land and water areas shall…