[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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 
 
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.