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Department of Defense

DIRECTIVE

NUMBER 3100.5

March 16, 1987




USD(A)

SUBJECT:  Department of Defense Offshore Military Activities Program

References: (a)  DoD Directive 3100.5, subject as above, March 22, 1979 (hereby canceled)

(b)  Marine Resources and Engineering Development Act of 1966, 33 U.S.C. 1101 et seq.

(c)  Submerged Lands Act, 43 U.S.C. 1301 et seq.

(d)  through (g), see enclosure 1

1.  REISSUANCE AND PURPOSE

This Directive reissues reference (a) to update policies and procedures for the use of offshore areas by the Department of Defense.  It shall serve as the basis for a comprehensive Offshore Military Activities Program.

2.  APPLICABILITY AND SCOPE

This Directive:

2.1.  Applies to the Office of the Secretary of Defense (OSD), the Military Departments (including their National Guard and Reserve components), the Organization of the Joint Chiefs of Staff (OJCS), and the Defense Agencies (hereafter referred to collectively as "DoD Components").

2.2.  Concerns the use of offshore areas for military purposes.  It does not limit the responsibilities of the Secretary of the Navy assigned under reference (b).

3.  DEFINITIONS

3.1.  Offshore Areas.  The submerged land areas defined in references (c) and (d) and the adjacent waters affected by the use of those submerged lands.

3.2.  Offshore Military Activities Program.  The program established to implement DoD policies and procedures for those activities, operations, and installations that require an offshore environment and that may impact on offshore areas.

3.3.  Outer Continental Shelf.  All submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in Section 2 of reference (c), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.

3.4.  State-Owned Offshore Submerged Lands.  Coastal portions of lands beneath navigable waters, as defined in Section 2 of the Submerged Lands Act reference (c)).

4.  POLICY

4.1.  It is DoD policy to support the principle that lands composing the outer continental shelf and State-owned offshore areas shall be used in the best interest of the United States.  Therefore, it is DoD policy for the use of offshore areas to be shared with nonmilitary interests whenever they can be accommodated.

4.2.  The Secretaries of Defense and the Interior have agreed on procedures for resolving conflicts over joint use of offshore areas for military and mineral exploration or developmental purposes.  (See enclosure 2.)  In carrying out negotiations with elements of the Department of the Interior (DoI), the Department of Defense shall be guided by this agreement, when appropriate.

4.3.  If a coastal State determines that the mineral potential of offshore areas being used or proposed to be used for military purposes must be explored or developed, the Department of Defense shall endeavor to accommodate joint military and commercial use of those areas.  If compatible joint use is not economically or militarily feasible, the Department of Defense shall seek agreement with the coastal State to exclude conflict areas from its leasing program.

5.  RESPONSIBILITIES

5.1.  The Assistant Secretary of Defense (Acquisition and Logistics) (ASD(A&L)) shall maintain a comprehensive program for the military use of the offshore environment and provide related direction and policy to DoD Components.

5.2.  The Secretary of the Army shall provide notices to the ASD(A&L), to affected military installations and activities, and to the Director of the Defense Mapping Agency Hydrographic/Topographic Center of potential obstructions and hazards to navigation as stated in the Rivers and Harbors Appropriation Act (reference (e)), of proposed permits for obstructions to be located on the outer continental shelf under reference (d), and of proposed permits for artificial reefs under the National Fishing Enhancement Act of 1984 (reference (f)) to ensure compatibility with the Offshore Military Activities Program.

5.3.  The Secretary of the Navy shall:

5.3.1.  Act as the DoD Executive Agent for outer continental shelf matters and carry out responsibilities assigned to the Executive Agent in the Agreement (enclosure 2).

5.3.2.  Conduct continuing liaison with the DoI, appropriate coastal States, and the ASD(A&L) to ensure compatibility between the DoD Offshore Military Activities Program and the related plans and programs of the DoI and coastal States.

5.3.3.  Inform concerned DoD Components of new developments in the DoI's, States', and industry's mineral leasing plans that may affect present or potential military interests in offshore areas.

5.3.4.  Represent the Department of Defense on the Secretary of the Interior's Outer Continental Shelf Advisory Board.

5.4.  The Secretary of the Air Force shall, for those offshore areas under his control, conduct continuing liaison with the DoI and the coastal States and enter into agreements necessary to ensure compatibility between military activities and relevant plans and programs of the DoI and the coastal States.

5.5.  The Heads of DoD Components shall:

5.5.1.  Review the proposed DoI's and States' mineral leasing plans and inform the Executive Agent of proposed activities that could be incompatible with military missions.  When joint use is feasible, the Heads shall recommend conditions and stipulations that should be imposed in leases to ensure the integrity of military missions and otherwise protect the interests of the United States against claims arising out of damage to property or personal injury.

5.5.2.  Establish and maintain lines of communication and coordination to ensure that the ASD(A&L) and the Executive Agent are fully aware of plans and programs involving offshore areas.

5.5.3.  Review notices referred to in paragraph 5.2.,above, and notify the Army Chief of Engineers if proposed actions are incompatible with offshore military activities.

5.5.4.  Inform the Army Chief of Engineers and the Executive Agent of any significant change in the status of offshore ranges, restricted areas, or operating areas.

5.5.5.  Comply with the provisions of the Coastal Zone Management Act (reference (g)).

5.5.6.  Conduct other activities related to offshore areas as requested by the ASD(A&L).

6.  EFFECTIVE DATE AND IMPLEMENTATION

This Directive is effective immediately.  Forward two copies of implementing documents to the Assistant Secretary of Defense (Acquisition and Logistics) within 150 days.

Signed by: William H. Taft, IV, Deputy Secretary of Defense

Enclosures - 2

E1.  References, continued

E2.  Memorandum of Agreement Between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf

E1.  ENCLOSURE 1

REFERENCES, continued

(d)  Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., as amended

(e)  Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. 401 et seq.

(f)  National Fishing Enhancement Act of 1984, 33 U.S.C. 2101 et seq.

(g)  Coastal Zone Management Act, 16 U.S.C. 1456 et seq., as amended

E2.  ENCLOSURE 2

Memorandum of Agreement Between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf

Memorandum of Agreement Between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf, continued