[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: 33CFR236.5]



[Page 325-326]

 

                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.  236.5  Policy and procedure.



    The following policies and procedures set forth criteria to be 

applied in determining when EQ measures may be recommended for 

implementation by the Corps.

    (a) Policy--(1) Achievement of specified, study authority planning 

objectives. Recommended plans must include measures for accomplishment 

of the primary purposes authorized by Congress.

    (2) Relationship of EQ measures to a Corps water resource 

development. Measures proposed for EQ must enhance, preserve or restore 

the environment of the study area. EQ opportunities created as a result 

of meeting study authority purposes should be pursued and, as 

appropriate, included in plans for Corps implementation. In addition, 

the recommended plan may also include separable EQ measures to meet 

established planning objectives. Such separable EQ measures for Corps 

implementation must be related to, or take advantage of, opportunities 

created by a water resource development to be recommended for 

implementation by the Corps of Engineers.

    (3) Justification. Recommended plans must be justified on the basis 

that combined beneficial NED and EQ effects outweigh combined adverse 

NED and EQ effects.

    (4) Cost sharing. Some features of plans required to foster EQ 

objectives in the Corps of Engineers program have well-defined laws or 

policies which establish cost sharing requirements. For instance, Pub. 

L. 89-72, as amended, defines cost sharing requirements for fish and 

wildlife enhancement. However, there are other features which may not be 

defined by law or policy. In those instances, cost sharing will be based 

on an analogy with established cost sharing policies or other similar 

Federal programs as described in the Catalog of Federal Domestic 

Assistance. Cost sharing for EQ measures for which the Corps has no 

standard policy will be approved by HQDA (DAEN-CWP-E, C or W), WASH DC 

20314, prior to proposing cost sharing to local interests.

    (b) Procedures for approval--(1) Without advance OCE approval. The 

reporting officer may recommend separable EQ measures that satisfy any 

one of the following criteria:

    (i) Implemented on lands required for the water resource 

development;

    (ii) Required to complete or more fully develop proposed EQ measures 

partly on lands, including mitigation lands, required for the water 

resource development;

    (iii) More cost effective to implement or manage when directly 

integrated with the implementation or management of the water resource 

development.

    (2) With advance approval. Other separable EQ measures may be 

recommended with advance approval of the Director of Civil Works through



[[Page 326]]



the intensive management program (ER 1105-2-10). The appropriateness for 

including such measures will be based upon a consideration of factors 

which may include, but are not limited to:

    (i) Level of significance of the EQ resource.

    (ii) Proximity to the proposed water resource development.

    (iii) Acceptability and support for Corps implementation.

    (iv) Certainty of the pending loss or significant degradation of the 

EQ resource in the absence of implementing the proposed EQ measure.

    (v) Relationship of the EQ measures to implementing the proposed 

water resources development.

    (vi) Relationship of the EQ measures to assigned missions of other 

agencies and the capability for timely implementation by these agencies.

    (vii) Cost effectiveness.