[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: 33CFR273.14]

[Page 368]
 
                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.  273.14  Planning procedures.

    Investigation of new problems and/or additional control operations 
not covered by previously approved plans will begin with preparation of 
a preliminary report based on reconnaissance-type investigations. If it 
is determined that further planning of a more detailed nature is 
warranted, approval of a reconnaissance report by HQDA (DAEN-CWO-R) 
Washington, D.C. 20314 will be followed by further investigations. 
Normally, a detailed State design memorandum encompassing all aspects of 
the problem and a proposed plan of action for dealing with it will be 
prepared.
    (a) Reconnaissance reports. Investigations for reconnaissance 
reports will be limited to readily available data and information. Field 
surveys and office studies should be limited to minimum essentials for 
further detailed planning. The reconnaissance report will be used for 
the overall program planning and should contain adequate information for 
these purposes.
    (1) Authorization. Preparation of a reconnaissance report will be 
authorized by OCE granting of work allocations and allotment of funds 
based on requests submitted by reporting officers. Funds for such 
reports may be requested in annual submissions of budget requests and 
subsequently to DAEN-CWO-R as required to meet unanticipated needs. 
Since the program is proceeding under a limited budget, costs should be 
limited to minimum requirements. Only in exceptional cases will more 
than $3,000 be made available for a reconnaissance report on a problem 
in any one district.
    (2) Content of reports. Where findings and conclusions are 
unfavorable to undertaking further detailed planning, a brief letter 
report summarizing the problem and findings should be submitted to OCE 
to provide a basis for answering outstanding inquiries. Where findings 
and conclusions are favorable, a more detailed report should include, 
but not be limited to, the information contained in Appendix B.
    (b) State design memorandum. When authorized to prepare a detailed 
planning report, the reporting officer will proceed with necessary 
investigations and develop plans and data in sufficient detail to assure 
a complete and fully operable aquatic plant control operation. The 
report will be in the form of a State design memorandum (SDM). The SDM 
will be prepared by the District, reviewed by the Division, then 
forwarded to DAEN-CWO-R for review and approval. The data presented will 
be used to set priorities and request funds to finance activities on 
various projects. Fund requirements are divided into four categories: 
applied research; planning; control operations; and development.
    (c) Review of the proposed design Memoranda. Review of State design 
memoranda should insure that:
    (1) The work involved is not the type normally provided by local 
entities or private interests as a local responsibility.
    (2) The cost of control operation will be shared between the Federal 
Government (70 percent) and the State receiving the benefit (30 
percent).
    (3) The actual control operation can be done by Federal, State, and/
or private company facilities, under agreements specifying the details 
and standards of work to be performed.
    (4) Consideration will be given in the planning procedure to include 
physical, chemical and biological methods of control. Priority will be 
given to biological systems where feasible.
    (d) Environmental impact statement requirements. Prior to funding of 
a plant control project programs which involve pest control operations, 
such as aquatic plant control, and affect either man's health or his 
environment (soil, flora, fauna, aesthetics, water resources), are 
candidates for review and possible preparation of an environmental 
impact statement (EIS) under the National Environmental Policy Act. (The 
information outlined in Appendix C should be included in the analysis 
section of an EIS in addition to the treatment prescribed by 33 CFR 
209.410.) \2\
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    \2\ 33 CFR 209.410 was removed at 45 FR 56761, Aug. 25, 1980.
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