[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR644.3]

[Page 108]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 644--REAL ESTATE HANDBOOK--Table of Contents
 
                       Subpart A--Project Planning
 
Sec. 644.3  Navigation Projects.

    (a) Land to be Acquired in Fee. All lands necessary for permanent 
structures, construction areas, public access areas and fish and 
wildlife purposes will be acquired in fee. No interests need be acquired 
in areas subject to the Government's right of navigational servitude. 
Spoil disposal areas may be acquired in fee upon approval of HQDA (DAEN-
REA-P).
    (b) Lands Over Which Easements are to be Acquired. (1) Permanent 
easements are required for channel improvements, navigation pools, 
navigation aids, and spoil disposal areas for future maintenance. 
Requirements for navigation aids should be coordinated by the District 
Engineer with the local Coast Guard District Commander.
    (2) Temporary easements may be acquired for temporary disposal of 
spoil, and temporary construction and borrow areas.
    (3) In navigation-only projects, the right to permanently flood 
should be acquired in all lands located within the navigation pool and 
the right to occasionally flood should be acquired in lands above the 
pool. However, when the area to be occasionally flooded above the 
navigation pool consists of a narrow band of land, the right to 
permanently flood may be taken therein, to avoid acquisition of two 
different estates from the same ownership, and/or to reduce overall 
costs of acquisition.