[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: 33CFR236.5]

[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 
 
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.