SORT: 5030.59
DOCI: DODI 5030.59
DATE: 19930119
TITL: DODI 5030.59 Defense Mapping Agency (DMA) Mapping, Charting, and
Geodesy (MC&G) Data; Public Availability and Exceptions
January 19, 1993 ASD(C3I)
References: (a) Sections 2794 and 2796 of title 10, United
States Code
(b) DoD Directive 5105.40, "Defense Mapping
Agency," December 6, 1990
(c) DoD 5025.1-M, "DoD Directives System
Procedures," December 1990, authorized by DoD
Directive 5025.1, December 23, 1988
(d) Executive Order 12356, "National Security
Information," April 2, 1982, as amended
(e) through (o), see enclosure 1
A. PURPOSE
This Instruction:
1. Establishes policy, assigns responsibilities, and
prescribes procedures, in accordance with Section 2796 of reference
(a), and reference (b) for the sale and withholding of otherwise
unclassified DMA MC&G data in the possession of, or under the
control of, the Department of Defense.
2. Authorizes the publication of DoD 5030.59-M, "Use and
Release of Defense Mapping Agency (DMA) Mapping, Charting, and
Geodesy (MC&G) Data," consistent with reference (c).
B. APPLICABILITY
This Instruction applies to the Office of the Secretary of
Defense, the Military Departments (including their National Guard
and Reserve components), the Chairman of the Joint Chiefs of Staff
and the Joint Staff, the Unified and Specified Commands, the
Defense Agencies, and the DoD Field Activities (hereafter referred
to collectively as "the DoD Components").
C. DEFINITIONS
Terms used in this Instruction are defined in enclosure 2.
D. POLICY
It is DoD policy that:
1. The DMA shall offer for sale to the public maps and charts
and other MC&G data at scales of 1:500,000 and smaller. Exceptions
are maps and charts and other MC&G data withheld, in accordance
with subsection D.2., below, or those specifically authorized,
under criteria established by E.O. 12356 (reference (d)), to be
classified in the interest of national defense or foreign policy
and are, in fact, properly classified under reference (d). Sales
may be made by the DMA directly or through its authorized agents.
2. Notwithstanding any other provision of law, the Assistant
Secretary of Defense for Command, Control, Communications, and
Intelligence (ASD(C3I)), in accordance with reference (e), may
withhold from public disclosure any MC&G data in the possession of,
or under the control of, the Department of Defense that:
a. Was obtained or produced, or that contains information
that was provided, under an international agreement that restricts
disclosure of such product or information to government officials
of the agreeing parties or that restricts use of such product or
information to government purposes only;
b. Contains information that the ASD(C3I) has determined
in writing would, if disclosed, reveal sources and methods used to
obtain source material for production of the MC&G data; or
c. Contains information that the Director, DMA, has
determined in writing would, if disclosed, reveal military
operational or contingency plans.
3. DMA MC&G data, withheld from the public under subsection
D.2., above, may, nevertheless, be released to U.S. allies and to
qualified U.S. contractors, who need such products for use in the
performance of contracts with the United States, under the
following conditions:
a. For MC&G data received from foreign governments under
an international agreement only in accordance with the terms of the
international agreement.
b. For MC&G data described in paragraph D.2.b., above, in
accordance with applicable treaties, international agreements, and
references (f) through (m).
4. Prices for the sale of DMA MC&G data shall be determined
in accordance with Section 2794 of 10 U.S.C. and DoD 7220.9-M
(references (a) and (n)).
E. RESPONSIBILITIES
1. The Assistant Secretary of Defense for Command, Control,
Communications, and Intelligence shall:
a. Implement the DoD responsibilities in Section 2796 of
l0 U.S.C. (reference (a)).
b. Make the determinations required in paragraph D.2.b.,
above. The responsibility shall not be redelegated.
c. Promulgate a DoD Manual, in accordance with DoD
5025.1-M (reference (c)), for the use and release of MC&G data in
the possession, or under the control of the Department of Defense.
2. The Chairman of the Joint Chiefs of Staff shall:
a. Make the determinations required in paragraph D.2.c.,
above, as requested by the Director, DMA.
b. Establish policies and procedures to implement this
program.
3. The Director, Defense Mapping Agency, shall:
a. Establish regulations for the public sale of DoD MC&G
data, in accordance with Section 2794 of reference (a).
b. Obtain the determinations required in paragraph D.2.c.,
above, from the Chairman of the Joint Chiefs of Staff.
c. Implement the determinations made under subsection
D.2., above.
d. Mark each product "Limited Distribution," which is
withholdable under subsection D.2., above.
4. The Heads of the other DoD Components shall:
a. Establish policies or procedures to implement a program
for the release or withholding of DMA MC&G data in their DoD
Components.
b. Refer all "Freedom of Information Act," Pub. L. No.
89-554 (1966) (reference (o)), requests for unclassified DoD MC&G
data marked with the legend "Limited Distribution," "DISTRIBUTION
LIMITED - DESTROY WHEN NO LONGER NEEDED," "For Official Use
Only," or other similar/restrictive caveats to the Director, DMA.
F. PROCEDURES
Unclassified DoD MC&G materials marked with the legend
"Limited Distribution," "DISTRIBUTION LIMITED - DESTROY WHEN NO
LONGER NEEDED," "For Official Use Only," or any other similarly
restrictive caveats will not be released under the Freedom of
Information Act (reference (o)) but shall be forwarded to the
Director, DMA, for decision as to releasability.
G. EFFECTIVE DATE
This Instruction is effective immediately.
Duane P. Andrews
Assistant Secretary of Defense
(Command, Control, Communications,
and Intelligence)
Enclosures - 2
1. References
2. Definitions
ENCLOSURE 2
DEFINITIONS
1. Defense Mapping Agency (DMA) Mapping, Charting and Geodesy
(MC&G) Data. Includes the total inventory of DMA MC&G materials,
whether produced by the DMA or obtained under contract,
international agreement, or other bilateral or multilateral
arrangement, but does not include architectural and engineering
site plans. It is synonomous with the terms "maps," "charts,"
geodetic data," and "geodetic products" used in 10 U.S.C. 2794 and
2796 (reference (a)).
2. Limited Distribution. Distribution limited to the Department
of Defense, U.S. DoD contractors, and to U.S. Government Agencies
supporting DoD functions, and is made under the authority of the
Director, DMA.
3. Mapping, Charting, and Geodesy (MC&G). Comprises the
collection, transformation, generation, dissemination, and storing
of geodetic, geomagnetic, gravimetric, aeronautical, topographic,
hydrographic, cultural, and toponymic, data. That data may be used
for military planning, training, and operations including
aeronautical, nautical, and land navigation, as well as for weapon
orientation and target positioning. MC&G also includes the
evaluation of topographic, hydrographic, or aeronautical features
for their effect on military operations or intelligence. That
data may be presented in the form of topographic, planimetric,
relief, or thematic maps and graphics; nautical and aeronautical
charts and publications; and in simulated, photographic, digital,
or computerized raster and vector products.
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