[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: 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

[[Page 367]]

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.

[[Page 368]]