[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR236.4]



[Page 324-325]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 236_WATER RESOURCE POLICIES AND AUTHORITIES: CORPS OF ENGINEERS 

PARTICIPATION IN IMPROVEMENTS FOR ENVIRONMENTAL QUALITY--Table of Contents

 

Sec.  236.4  Background.



    (a) The role of the Corps of Engineers in the development of water 

and related land resources has gradually broadened over the past 

century. Starting with the development of navigation on the Mississippi 

River in 1824, the Corps role has grown to encompass, among others, 

flood control, beach erosion control and hurricane protection, 

hydroelectric power, recreation, water supply, water quality, fish and 

wildlife and low-flow augmentation. Laws, executive orders, and national 

policies promulgated in the past decade require that the quality of the 

environment be protected and, where possible, enhanced as the nation 

grows. As a result, the Federal role in EQ, including the Corps, has 

continued to broaden. Balancing economic and environmental interests is 

a major requirement to be considered in the planning of all Corps 

projects.

    (b) Enhancement of the environment is an objective of Federal water 

resource programs to be considered in the planning, design, 

construction, and operation and maintenance of projects. Opportunities 

for enhancement of the environment are sought through each



[[Page 325]]



of the above phases of project development. Specific considerations may 

include, but are not limited to, actions to preserve or enhance critical 

habitat for fish and wildlife; maintain or enhance water quality; 

improve streamflow; preservation and restoration of certain cultural 

resources, and the preservation or creation of wetlands.

    (c) The 1105-2-200 series of Engineer Regulations describe the 

procedures to be followed in developing water resource plans. These 

procedures require the establishment of planning objectives (generally 

encompassing a combination of National Economic Development (NED) and EQ 

outputs), and evaluation of alternative plans to meet those objectives 

to differing degrees. With respect to the recommendation of measures for 

Corps implementation, ER 1105-2-200 states that, ``If the selected plan 

or a portion thereof is not within existing Corps implementation 

authority, but is responsive to the planning objectives established for 

the study, the reporting officer may recommend Federal (Corps) 

participation.'' The ER further states that the basis for and extent of 

such participation is to be specified, including the precedent setting 

aspects of the recommendation, and further, that such recommendations 

are to be coordinated through DAEN-CWP before commitments are made to 

states or local interests. This regulation expands upon that policy and 

provides operational policies and criteria which will allow the field to 

recommend authorization for implementation of certain EQ measures.