[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: 33CFR273.13]



[Page 366-367]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 273_AQUATIC PLANT CONTROL--Table of Contents

 

Sec.  273.13  Program policy.



    (a) Program orientation. The Aquatic Plant Control Program is 

designed to deal primarily with weed infestations of major economic 

significance including those that have reached that stage (such as 

water-hyacinth) and those that have that potential (such as 

alligatorweed and Eurasian watermilfoil) in navigable waters, 

tributaries, streams, connecting channels and allied waters. This does 

not imply



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that the infestation must have countrywide distribution. However, the 

infestation should constitute a known problem of economic importance in 

the area involved. Initial planning should constitute investigation of a 

specific problem weed or weed complex, not generalized surveys of 

aquatic vegetation. The common submersed aquatics and floating or 

emergent, wetland, marsh, and swamp vegetation do not generally meet 

those criteria for special problems merely because they may qualify as 

``obnoxious aquatic plants'' under the language of the legislation 

authorizing the program except as indicated in Sec.  273.13(b).

    (b) Work not eligible under this program. Weed control for operation 

and maintenance of reservoirs, channels, harbors, or other water areas 

of authorized projects under jurisdiction of the Corps of Engineers or 

other Federal agencies will not be undertaken as a part of the Aquatic 

Plant Control Program, except as such areas may be used for experimental 

purposes in research performed for the program. Aquatic plant control 

work for the operation and maintenance of Federal projects are eligible 

to be included under this authority for the purpose of cost-sharing with 

participating State or local agencies, but are not eligible for 

budgeting or funding under the Aquatic Plant Control Program.

    (c) Applied research. Applied research developed by OCE with the 

assistance of the Interagency Aquatic Plant Control Research Advisory 

Committee and the appropriate Division Engineer will be an all Federal 

cost. This research will be accomplished through contracts with Federal, 

State and private research institutions. A research planning meeting 

will be held the last quarter of each calendar year to provide 

professional presentation of current research projects, review of 

current operation activities, and review new research proposals. 

Requested programs, estimated cost, and other information will be 

developed in the field and submitted to HQDA (DAEN-CWD-R) Washington, DC 

20314, for approval and financing as prescribed by ER 70-2-3. Attendance 

of the Technical Advisory Committee meetings by Corps personnel has been 

authorized.

    (d) Planning. Planning will be an all Federal cost item, will be 

developed by reporting officers in accordance with their needs and will 

be fully justified for funds requested. Normally, the program will be 

initiated with a reconnaissance report (Sec.  273.14(a)) and will be 

accomplished under a State design memorandum (Sec.  273.14(b)). 

Supplement design memorandums will be used to implement changes in the 

program. These memorandums will establish a continuing program and will 

be used to enable the Chief of Engineers to allot available funds on a 

priority basis in accordance with the urgency of the needs of each area.

    (e) Criteria for recommending a Federal project. (1) A 

recommendation favorable to adoption of the project under the authority 

provided by section 302, as amended, will be warranted when the 

following conditions exist:

    (i) The problem and practical measures of improvement are of such 

nature that there is a clear and definite Federal interest warranting 

Federal participation under the purview of this special authority.

    (ii) The proposed work will result in an independent and complete-

within-itself project.

    (iii) Analysis based on sound economic principles clearly 

demonstrates that the project will provide information and/or control of 

aquatic plants.

    (iv) Each separable element of the project, as well as the entire 

project, is economically justified.

    (v) Local interests are legally and financially able and willing to 

meet fully all requirements of local cooperation.

    (2) Recommendations for preparation of a detailed planning report 

for new work on a new problem in a District or Division where control of 

other aquatic plant problems is currently underway should consider 

whether such new work represents an equal or higher priority of need for 

allocation of funds in the same State. Projects will not be recommended 

which produce undesirable short-term or long-term damage to the human or 

natural environment.



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