Digest of water resources policies and authorities

[From the U.S. Government Printing Office, www.gpo.gov]

EP 1165-2-1
28 Sep 79

IDigest

_Water Resources
Policies
and Authorities

* D55

Department of the Army
-l~ ~Office of the Chief of Engineers
Washington, D.C. 20314

DEPARTMENT OF THE ARMY EP 1165-2-1
Office of the Chief of Engineers
DAEN-CWR-R Washington, D. C. 20314

Pamphlet
No. 1165-2-1 2S September 1979

Water Resource Policies and Authorities
DIGEST OF WATER RESOURCES POLICIES

1. Purpose. This pamphlet provides a summary, in convenient form, of
the existing administrative and legislative water resource policies and
authorities pertinent to the Civil Works activities of the Corps of
Engineers.

2. Applicability. This pamphlet applies to all OCE elements and all
field operating agencies having Civil Works responsibilities.

3. References. Relevant published references are indicated in the text
of each chapter.

4. Use of this Pamphlet. This digest was developed as a ready reference
to policies diffused in a voluminous body of engineer regulations,
manuals, technical letters and memoranda. Those documents are cited in
each chapter and should be consulted for specific application in indi-
vidual cases. In addition, the digest will be of value in orienting
and familiarizing newly assigned personnel, military and civilian, with
essential and paramount policies regarding Corps of Engineers Civil Works
activities.

5. Future Changes in Policy. Although dated 28 September 1979, the
information included in this pamphlet summarizes policies as of
15 July 1979. Many changes in policy are under consideration as a result
of the President's Water Policy Reforms enunciated in June 1978 and other
actions of Congress and the courts. This pamphlet indicates areas of
likely changes and will be up-dated periodically as appropriate.

FOR THE CHIEF OF ENGINEERS:

U.S DEPARTMENT OF COMMERCE NOAA
COASTAL SER"I( $ CNIER
2234 3Si'(1H m3O)N AVENUE Colonel, Corps of Engineers
CHAhL S( s 9405-24 13 Executive Director, Engineer Staff

This pamphlet supersedes EP 1165-2-1, 10 Jan 1975

Property of CSC 'Ljbrazy

EP 1165-2-1
28 Sep 79

TABLE OF CONTENTS

Paragraph Page

CHAPTER 1 - The Federal Responsibility in Water Resources
General Concept 1-1 1-1
Sharing of Responsibility 1-2 1-1
Dynamic Nature of Federal Policy 1-3 1-2

CHAPTER 2 - Executive, Legislative, and Judicial Roles in
Policy Development

Executive Branch 2-1 2-1
Legislative Branch 2-2 2-4
Judicial Branch 2-3 2-6

CHAPTER 3 - National Objectives and Policies in Water Resources
Management

Defining the National Objectives 3-1 3-1
Corps of Engineers Policy 3-2 3-5

CHAPTER 4 - Management of the Civil Works Program

Delegation of Authority 4-1 4-1
Organizational Structure 4-2 4-1
Boards and Commissions 4-3 4-2
Field Offices 4-4 4-5
Institutions for Management of
River Basin Operations 4-5 4-8

CHAPTER 5 - Planning Investigations

Authorization of Investigations 5-1 5-1
Types of Civil Works Investigations 5-2 5-1
The Planning Process 5-3 5-5
Identification and Administration
of Cultural Resources 5-4 5-11
Consideration of Aesthetic Valves 5-5 5-11
Water Quality Considerations 5-6 5-11
Plan Selection 5-7 5-13
Procedure for Determining Project
Feasibility 5-8 5-13
Indian Lands 5-9 5-19
Cost Allocation 5-10 5-19

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CHAPTER 5 (Con't) Paragraph Page

Cost Sharing and Repayment 5-11 5-21
Conditions of Local Cooperation 5-12 5-27
,.; Recommendations . 5-13 5-28
Release of Information on Civil
Works Investigations and Reports 5-14 5-29
Sale of Corps Civil Works
Publications and Reports 5-15 5-32

CHAPTER 6 - Report Preparation, Processing and Project Authorization,
Deauthorization

Pre-authorization Reports 6-1 6-1
Processing and Review of Pre-
authorization Reports 6-2 6-2
Authorization of Plans of
Improvements . 6-3 6-4
Post-Authorization Planning and
Engineering Studies 6-4 6-6
Project Deauthorization
Review Program 6-5 6-7

CHAPTER 7 - Programming, Budgeting and Appropriations

Budget Preparation 7-1 7-1
Appropriated Funds . 7-2 7-2
New Start Investment Program. 7-3 7-4
Classification of Projects 7-4 7-6
Acceptance and Return of
. < Contributed or Advanced Funds 7-5 7-7
Reimbursement for Advance,
Non-Federal Work on Projects 7-6 7-8

CHAPTER 8 - Post Authorization Studies, and Engineering Design

Post Authorization Studies 8-1 8-1
Project Modifications . 8-2 8-1
Design Sizing of Projects 8-3 8-2
Aesthetic Treatment and Environ-
mental Design 8-4 8-3
Low Level Discharge Facilities 8-5 8-4
Engineering and Design Performance
Analysis 8-6 8-4
Value Engineering 8-7 8-4
Use of Architect-Engineers 8-8 8-4
Use of Consultants 8-9 8-5

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CHAPTER 9 - Construction Paragraphage

Assurances of Local Cooperation 9-1 9-1
Real Estate Requirements and
Acquisition for Reservoir Projects 9-2 9-2
Relocations 9-3 9-4
Real Estate Requirements for
Local Cooperation Projects 9-4 9-5
Water Quality Requirements 9-5 9-6
Accomplishment of Construction Work 9-6 9-6
Reservoir Clearing 9-7 9-8
Utilization of Dredged Material 9-8 9-8
Housing of Project Personnel 9-9 9-9
Work for Other Government Agencies 9-10 9-9

CHAPTER 10 - Operations, Maintenance, and Project Management

Resource Management of Project Lands and
Facilities 10-1 10-1
Responsibility for Maintenance 10-2 10-4
Operation and Maintenance of Local
Protection Projects 10-3 10-5
Navigation Channel Dimensions Maintained 10-4 10-6
Maintenance Dredging Provisions
of the Clean Water Act of 1977 10-5 10-6
Condition Surveys of Navigation Projects 10-6 10-7
Abandonment of Navigation Projects 10-7 10-7
Transfer of Interest of Ownership and
Use of Civil Works Projects 10-8 10-7
Correction of Federal Navigation Project
Induced Shore Damage 10-9 10-8
Mitigation of Damages Resulting From
Construction and Operation of Project -10-10 10-8
Removal of Wrecks and Other Obstructions 10-11 10-9
Restrictions on Seaplane Operations 10-12 10-9
Major Rehabilitation Program 10-13 10-9
Acceptance of Donations of Materials 10-14 10-9
Correction of Design Deficiencies 10-15 10-10
Dam Safety Assurance 10-16 10-10
Changes in Reservoir Regulation 10-17 10-11
Changes to Meet Water Quality
Standards at Reservoirs 10-18 10-11
Dam Operations Management 10-19 10-12
Energy Conservation 10-20 10-12

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CHAPTER 11 - Navigation Paragraph Page

Federal Interest/Objectives 11-1 11-1
Navigable Waters of the United States 11-2 11-2
Benefit Evaluation for Inland
Waterways and Deep Draft Harbors 11-3 11-3
Evaluation of Small-Boat Harbors
and Channels 11-4 11-7
Harbor of Refuge 11-5 11-8
Dredged Material Disposal 11-6 11-8
Lock and Dam Replacements 11-7 11-9
Drift and Debris Removal 11-8 11-10
Cost Sharing for Navigation 11-9 11-11
Navigation Project for General
Versus Special Interest Beneficiary 11-10 11-12
Collection and Release of Waterborne
Commerce Information 11-11 11-15
Aids to Navigation 11-12 11-16
Waterway User Charges 11-13 11-16
Transfer and Lightering
Facilities, Barge Fleeting
Areas - 11-14 11-17
Ownership of Lands Created
for Port Facilities 11-15 11-17
Waterways Studies on a
National Scale 11-16 11-18

CHAPTER 12 - Flood Control

The Federal Interest 12-1 12-1
Flood Plain Management 12-2 12-1
Flood Related Planning Policy 12-3 12-2
Design Flood Criteria 12-4 12-3
Non-structural Measures 12-5 12-4
Major Drainage 12-6 12-5
Local Cooperation and Cost Sharing 12-7 12-6
Flood Insurance 12-8 12-7
Evaluation of Economic Benefits
for Flood Control 12-9 12-8
Flood Emergency Operations and
Disaster Assistance 12-10 12-9
Use of Storage Allocated for Flood
Control and Navigation at Non-
Corps Projects 12-11 12-11

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CHAPTER 13 - Beach Erosion and Hurricane
Protection Paragraph Page

Beach Erosion Control 13-1 13-1
Hurricane, Tidal and Lake
Flood Protection 13-2 13-5
Evaluation 13-3 13-5
Local Cooperation 13-4 13-6
Shoreline Erosion Control
Demonstration Act of 1974 13-5 13-6
Technical and Engineering
Assistance on Beach Erosion 13-6 13-7
Emergency Protection 13-7 13-7

CHAPTER 14 - Stream Bank Erosion Control

Federal Interest in Stream Bank
Protection 14-1 14-1
Nature of Effects 14-2 14-1
Special Continuing Authority 14-3 14-1
Streambank Erosion Control
Evaluation and Demonstration
Act of 1974, as amended 14-4 14-2
Technical and Engineering Assistance
on Streambank Erosion 14-5 14-2
Streambank Erosion Resulting
from Project Construction
and Operation 14-6 14-2

CHAPTER 15 - Hydroelectric Power

Authority and Corps Responsibilities 15-1 15-1
Evaluation 15-2 15-2
Cost Sharing 15-3 15-3
Coordination with Other Agencies 15-4 15-4
Sale of Power 15-5 15-4
Pumped Storage Power 15-6 15-4
Partnerships 15-7 15-5
Provision for Future Power 15-8 15-5
Control of Releases from Power Plants 15-9 15-6
National Hydroelectric Power Study 15-10 15-6

CHAPTER 16 - Recreation

Basis for Corps Participation 16-1 16-1
Recreation Resouces Management
Objectives 16-2 16-2
Development of Outdoor Recreation
Facilities 16-3 16-2

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CHAPTER 16 (Con't) Paragraph Page

Recreation Use Projection and
Benefit Evaluation 16-4 16-4
Cost Participation
Special Recreation Facility 16-5 16-5
Considerations 16-6 16-7

CHAPTER 17 - Water Supply and Quality Management

Federal Interest 17-1 17-1
Water Supply 17-2 17-1
Water Quality Control 17-3 17-3
Water Conveyance Facilities 17-4 17-4
Water Conservation 17-5 17-5
Irrigation 17-6 17-6
Salinity Control 17-7 17-7
Water Rights Involved in Project
Development 17-8 17-8
Emergencies 17-9 17-9

CHAPTER 18 - Fish and Wildlife

Fish and Wildlife Coordination
Act of 1958 18-1 18-1
Mitigation 18-2 18-1
Enhancement 18-3 18-2
Cost-Sharing 18-4 18-3
Endangered Species - Consultation 18-5 18-3

CHAPTER 19 - Wetlands Conservation

General 19-1 19-1
Definition 19-2 19-1
Policy 19-3 19-1
Executive Order 11990 19-4 19-2
Section 150 of the Water Resources
Development Act of 1976 19-5 19-2

CHAPTER 20 - Aquatic Plant Control

Aquatic Plant Control Program 20-1 20-1

CHAPTER 21 - Regulatory Functions to Protect/Preserve
Navigable Waters and Environment

Background 21-1 21-1
Department of the Army Permits 21-2 21-1

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CHAPTER 21 (Con't) Paragraph Page

Refuse Act Permit Program 21-3 21-7
Use of Navigable Waters 21-4 21-8

CHAPTER 22 - National Program of Inspection of Non-Federal Dams

Background 22-1 22-1
Program Objectives 22-2 22-1
Scope of Program 22-3 22-1
Program Implementation 22-4 22-2

CHAPTER 23 - Civil Works Research and Development (R&D)

Purpose and Nature 23-1 23-1
Authorization 23-2 23-1
Mission/Workload/Problem Orientation 23-3 23-1
Emphasis on New Missions and Lead Roles 23-4 23-1
Applied Research and Development 23-5 23-1
Current Emphasis and Program Mix 23-6 23-2
Organizational Responsibilities 23-7 23-3
Research Work for Others 23-8 23-4
Transfer of Research Results 23-9 23-4
Internal and External Coordination
and Information Exchange 23-10 23-4
Exclusion of Non-R&D Activities
from R&D Funding 23-11 23-4
Research not Funded as R&D 23-12 23-4
Coordination 23-13 23-4

CHAPTER 24 - Activities Related to Programs Administration by Other.
Federal Agencies

General 24-1 24-1
: Environmental Review and
Coordination 24-2 24-1
Watershed Protection 24-3 24-1
National Wild and Scenic Rivers System 24-4 24-2
Land and Water Conservation Fund 24-5 24-2
Community Development Program 24-6 24-2
Small Reclamation Projects 24-7 24-3
National Recreation Areas . 24-8 24-3
Forest Service Lands 24-9 24-3
National Trails System 24-10 24-3
Endangered Species 24-11 24-4
Herbicide and Pestcide Control 24-12 24-4
- Federal Energy Regulatory
Commission Licenses 24-13 24-5

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CHAPTER 24 (Con't) Paragraph Page

Prime and Unique Farmland 24-14 24-7
EPA Construction Grant Program 24-15 24-7
Wastewater Management Planning 24-16 24-7
Coastal Zone Management Act (CZMA)
of 1972, as amended (Public Law
92-583) 24-17 24-8
Flood Insurance Studies 24-18 24-9

CHAPTER 25 - Legislation Pertinent to the Water Resources
Program of the Corps of Engineers

CHAPTER 26 -'Executive Orders Pertinent to the Water Resources
Program of the Corps of Engineers

CHAPTER 27 - Interagency Agreements

CHAPTER 28 - Office of Management and Budget Circulars

CHARTS AND TABLES

Organization, Office of the Chief
of Engineers Chart 4-1 4-3
Organization of Directorate of
Civil Works Chart 4-2 4-4
Traditional Cost Sharing Table 5-1 5-23
President's Cost Sharing Policy Table 5-2 5-24
Single-User Cost Sharing Policy Table 11-1 11-14

INDEX I-1

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CHAPTER I

THE FEDERAL RESPONSIBILITY IN WATER RESOURCES

1-1. General Concept. The Federal concern with natural resources
is founded on the fact that they are the basis of our national
wealth and future well-being. The fundamental goal of Federal
participation in resource planning and development is to insure
that an optimum contribution is made to the welfare of all the
people. The Federal concern regarding water resources is shown by
many legislative enactments by the Congress under the Commerce and
Welfare clauses of the Constitution. A developing body of law has
established varying degrees of National concern in such areas as
navigation, flood control, beach erosion control, drainage,
irrigation, recreation, fish and wildlife conservation, water supply
and water quality. Since water and adjacent lands are primary
natural resources, the Federal Government has a major role in their
management. (ER 1165-2-1)

a. National Goals. National goals in water resources
management are long-range in nature. Their achievement is of
Federal concern, particularly in those aspects of our free
enterprise system where effective incentives are lacking. Federal
policy seeks to maintain a reasonable ba lance between the powers and
responsibilities given to the Federal Government and those with the
States, local governmental entities, and private enterprise.

b. Legislation. Legislation expresses the priority goals and
objectives of the people, and is implemented by the executive
agencies, and monitored by the courts. Laws governing agency
activities permit some latitude in developing specific plans and
courses of action to be recommended to Congress for authorization.
Such latitude imposes a responsibility on Federal agencies to
recommend proper division of responsibility between Federal and
non-Federal entities. The legislative policies and principles
governing operational activities, and other indicators of
administration policy and Congressional intent, provide the basic
guidance in these matters.

1-2. Sharing of Responsibility. States and local governments have
more immediate and utilitarian interest in water resource management
than the Federal government. Their well-being, as that of the
Nation as a whole, depends upon the availability of water resources
of adequate quality and quantity. Acts of Congress, and inter-
pretations thereof by the Supreme Court, clearly indicate that

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the Federal Government may participate to some degree in all
aspects of water and related land conservation, development, and
management. However, the degree of Federal participation and
financing is generally limited to that required to achieve national
objectives in an optimal manner. Participation varies from a
maximum for sound planning to less for construction, and to still
less for operation and maintenance activities. Generally, Federal
planning in water resources should be comprehensive in scope.
Federal participation in planning, construction, and operation or
maintenance activities is guided by careful consideration of
applicable precedent and law; the likelihood of widespread and
general benefits; local ability to solve problems; and savings to
the Nation that might be achieved by meeting needs through economies
of scale.

1-3. Dynamic Nature of Federal Policy. Legislative enactments
reflect both long and short-range national priorities and require
progressive adaptation. Rigid policies are undesirable when dealing
with resources which affect the well-being of our people, and which
have broad economic, environmental, and social implications.
Changing technology and public priorities require flexible policies
and informed leadership to meet urgent needs and to assure the
welfare of future generations. Unusual and unique circumstances may
present a valid basis for exceptions to existing policies. However, 0
approval of departures from established Corps policies is not a
delegated authority. Reporting officers must request special
guidance in such circumstances. The Chief of Engineers will consult
with higher authority when necessary.

AN0

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CHAPTER 2

EXECUTIVE, LEGISLATIVE, AND JUDICIAL ROLES
IN POLICY DEVELOPMENT

2-1. Executive Branch. The Executive Branch of Government includes
the Executive Office of the President and the various Federal
Departments and Agencies. The Department of the Army and the Corps
of Engineers are charged by Congress with the major Federal program
of water resources development. This has been the outgrowth of
legislative and administrative activity over many years. The term
"1civil works programt' is usually applied to these non-Military Corps
activities. The Executive Office of the President, acting directly
or through support offices, specifies policy, principles, methods,
standards and procedures on water and related land resources
programs to be used by Federal agencies in implementing their lawful
activities. While much of this policy is established by law, a
significant amount is not. Executive policy is consistent with
policy established by law. Executive policies are issued through
the office of Management and Budget (0MB); the Water Resources
Council (WRC); and the Council on Environmental Quality (CEQ).
Pertinent Executive Orders are listed in Chapter 26. In addition,
international commissions, and interagency councils and agreements
have been developed to aid in the accomplishment of executive policy.

a. Department of the Army. The Secretary of the Army (SA)
oversees direction of the Corps of Engineers (CE) and its civil
works program. Civil Works laws authorize action in the following
ways: action by the SA; action under the direction of the SA and
supervision of the Chief of Engineers (COE); and by the SA acting
through the COE. The COE regularly submits reports to the SA for
review and transmittal, along with the SA's comments and
recommendations, to 0MB for its advice on the relation of the report
recommendations to the programs of the President. The Office of the
Assistant Secretary of the Army for Civil Works - ASA(CW) works
closely with the Office, Chief of Engineers (OCE) on central or
critical management areas, including general programming of the CB
civil works budget; substantive policy issues; priorities for "new
starts"; new or evolving functional areas of responsibilities for
the CE; and legislative drafting services requested by members of
Congress. The ASA (CW) reviews and transmits the proposed CE Civil
Works Budget to 0MB as a basis for the President's budget
recommendations to Congress.

b. Office of Management and Budget (0MB). The current
structure of 0MB was established by Executive Order 11541,

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July 1970, in the Executive Office of the President. 0MB
coordinates Executive Branch reports on proposed legislation and
reviews proposed projects to determine their relationship to the
program of the President. it reviews proposed Executive Orders and
assists in the preparation of the President's annual budget and in
the formulation of the fiscal program of the Government, and also
supervises and controls the administration of the budget.
Administration positions relating to fiscal and budgetary matters
are generally issued as 0MB memoranda, circulars and bulletins.
Appendix E lists pertinent 0MB circulars.

c. Federal Regional Councils. Executive Order Nos. 11647,
11731 and 11892 established a Federal Regional Council in each of
ten standard regions. The Council structure provides a framework
for the concerned Federal agencies and the State and local
governments to work together in coordination of their interrelated
programs at the regional level. It also provides a way to focus
resources of different agencies on special problems. The Corps has
been asked to become an Associate Member of some Councils. Where
the Corps has been asked to become a member of a Federal Regional
Council, the Corps may be requested to support and participate in
Council activities on a special ad hoe basis or to work with the
Council on specific problems. (ER 1165-2-22).

d. Water Resources Council (WRC). WRC was established by the
Water Resources Planning Act, Public Law 89-80, 22 July 1965. Its
purpose is to encourage the conservation, development, and
utilization of water and related land resources on a comprehensive
and coordinated basis by the Federal Government, States, localities,
and private enterprise. The members include the Secretaries of
Agriculture; Army; Commerce; Energy; Housing and Urban Development;
Interior; and Transportation; and the Administrator of the
Environmental Protection Agency. The Chairman may invite the heads
of other Federal agencies having authorities and responsibilities
relating to the work of the Council to become Associate Members.
Observers include the Department of Justice, the Office of
Management and Budget, the Council on Environmental Quality, the
Chairmen of Inter-Agency Committees and the River Basin Commissions
and the U.S. Commissioners of the Federal-Interstate Compact
Commissions. The principal functions of the Council were specified
under three titles of the Act:

(1) Title I - Water Resources Council.

- Prepare and maintain a national water assessment;

- Coordinate water and related land resources planning
policies and programs with and among the Federal participants;

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- Establish principles, standards and procedures for Federal
participants in the preparation of plans and formulation and
evaluation of Federal water and related land projects.

.(2) Title U1 - River Basin Commissions.

- Establish and assist river basin commissions, inter-agency
committees and coordinating groups;

Coordinate and review river basin and regional plans and
programs prepared by Federal - State interests;

(3) Title III - Financial Assistance to the States.

-- Administer Federal financial grants to States for water and
related land resource planning.

In addition, Executive Order 12113 and Executive Order 12141,
established, within WRC, an independent water project review of
function. In accord with the Order, WRC makes a technical review of
pre-authorization reports and pre-construction plans and reports for
Federal water and related land resources projects. Funds have not
yet been made available to initiate this review.

e. Council on Environmental Quality (CEQ). The CEQ was
established by Section 202 of the National Environmental Policy Act
of 1969. The Office of Environmental Quality (OEQ), which was
established by Public Law 91-224, 3 April 1970, provides staff for
the Council. The CEQ advises and assists the President in providing
leadership in protecting and enhancing the quality of the Nation's
environment. It develops and evaluates Federal policies and
activities on environmental quality. One of CEQ's primary functions
in relation to water resources is the preparation of regulations
concerning the development of environmental impact statements
developed by the Corps and other agencies. CEQ regulations on
implementation of the procedural provision of NEPA are printed in 40
CFR 1500-1508.

f. International Relations.

(1) Canada. The International Joint Commission (IJC) was estab-
lished under the Boundary Water Treaty of 1909. It is empowered to
establish local international boards to assure adherence to the

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rules and regulations pertaining to the utilization and safeguard of
United States and Canada boundary waters. IJC boards fali into two'
broad categories: boards of control, which are more or less '
permanent; and engineering 'or advisory boards, which are usually
dissolved after completing their investigation. Members on an IJC',
board are in no sense representatives of their employers. 'Their -
board service is of a professional capacity under the direction of
the Commission; their agency is not 'committed by their actions ore
those of the board. Initiation and approval of IJC reference
actions by the U.S. Section of the Commission is through the U.S.
Department of State. Funding of this activity is under the
"International Waters Studies" account or under an on-going study or
project account.

(2) Mexico. The International Boundary and Water Commission,
(IBWC) United States and Mexico, was' established pursuan' to the Rio
Grande, Colorado and Tijuana Treaty 'of 1944 and deals with the
utilization of the waters of the three rivers basins. Activities of
the U. S. Section of the Commission are funded under the !Department
of State. The Corps, upon request, of the U.S. Section, provides
advisory and technical services to the Commission.

(3) Management of Activities. Corps members serving 'on Boards
of these International Commissions and their subordinate'groups are
governed by AR 15-1, Committee Management; and ER 15-1-1, Committee
Management Program. Members submit an annual fiscal year report on
Board activities per ER 335-2-5 for the Chief's Annual Civil Works
Report.

g. Interagency Agreements. These agreements represent a'
coordination device agreed upon by two or more Federal agenci'es to
analyze or solve common problems in a consistent manner so as"'to
optimize the results of the joint effort. Interagency agreements,
adopted as common interagency policy, carry the' authority of the
respective agency heads. The scope and degree of formality- o' this :
limited form of Executive policy varies widely. Pertinent
interagency agreements are listed in Chapter 27. (EP 1165-:2-2.')

2-2'. Legislative Branch. The basic legislation which governs the
conduct of the Corps civil works program consists 'of numerous'~
separate enactments of the Congress. The work of preparing and'
considering such legislation is done largely in the Senate'
Environment and Public Works Committee and the House Public Works
and Transportation Committee. The 'tendency has been for :Congress' to
gradually increase Federal responsibility in response to need's of'
the times. Some water resource 'project purposes were established:
through specific legislation. Others were established as a result

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of repetitive Congressional authorization of projects containing
resource purposes incidental to the "primary" project purposes.
Pertinent Legislative Acts are listed in Chapter 25. While the
public laws governing water resources are the basic source of
formal, explicit policy, the Congressional intent which may be
deduced from the documented history of these legislative statements
is also an important policy source. Sources which express the sense
of Congress- include House and Senate Committee reports and
resolutions and the Congressional Record of discussions during
consideration of the proposed legislation.

a. Legislative Landmarks. The Corps civil works responsibility
began with an Act of Congress in 1824 for the improvement of rivers
and harbors for navigation. This led to legislation in 1879
creating the Mississippi River Commission and establishment of the
Board of Engineers for Rivers and Harbors in 1902. Legislative
expansion of the Corps functional responsibility has included:

- Regulatory activities over waters, 1899, and 1972;
- Hydroelectric power in dams, 1912 and 1917;
-- Flood Control, 1917, 1927, 1936, 1974;
- Recreation navigation, 1932;
Recreation, 1944, 1962, and 1965;
Irrigation (limited), 1944;
- Water supply, 1944, 1958, and 1965;
Shore and beach erosion protection, 1946, 1956, 1962, 1974;
- Hurricane protection, 1955, 1958;
- Water quality, 1961, 1972, 1974;
- Environmental concern and emphasis, 1970;
- Fish and Wildlife Conservation, 1958, 1965, and 1974;
- Wastewater Management, 1972
- Wetlands Development, 1976

These and other acts have expanded the legislative basis for Corps
participation in the functional areas of water management to a more
comprehensive basis. Recent years have also seen a qualitative
change in public policy toward resource planning and development,
spurred by the recognition that this Nation's natural resources are
both interrelated and finite. Social objectives other than economic
efficiency have evolved. Legislation on these hard to quantify and
evaluate objectives is still of a general nature; they challenge the
planner in developing recommendations that accomodate their intent.

b. Authorizing Legislation. House Public Works and
Transportation and Senate Environment and Public Works Committee
resolutions and specific legislation provide basic authorization for

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survey investigations and other feasibility studies by the Corps.
Generally, water resource developments recommended to the Congress
in response to study authorities may not be implemented without
being specifically adopted in law. The majority of the Corps water
resource projects or programs fall into that category. However,-
Section 201 of the 1965 Flood Control Act, as amended delegated to
the Secretary of the Army the right to administratively authorize
water resource developments for which the estimated Federal cost is
less than $15 million. Approval by the Public Works Committees is
required prior to project implementation. Use of this authority by
the Secretary of the Army has been suspended pending enactment of
the President's proposed cost sharing legislation (para 5-llb).
Additionally, Congress has'delegated continuing authority to the
Secretary of the Army for construction of small projects for
navigation, flood control, beach erosion control, and bank
protection that meet certain specified criteria.

2-3. Judicial Branch. The role of the Federal courtsois'to clarify
and define the responsibilities and limitations placed on the Corps
Civil Works activities by Federal statutes and the Constitution.
Judicial decisions have affected Civil Works policies in several
major areas: basic authority to construct or operate projects;
administrative practices and required factors of consideration in
project construction and operation (including environmental0
factors); and the scope and application of regulatory authorities.

a. The Courts. The Federal Courts include the Supreme Court of
the United States, the Court of Appeals, and the District Courts in
the eleven Federal Judicial Circuits. Questions of law decided in
one District or Circuit often foreclose similar questions in another
District or Circuit. However, cases regarding the conduct of
specific projects or activities are considered binding only with the
District or Circuit in which the case was decided. The Court of
Claims is also a Court of original jurisdiction.. Conflicting
decisions among the circuits are resolved by appeal to the Supreme
Court.

b. Relation to Congressional Authority. Congressionally
approved Corps projects must have been authorized in exercise of one
of the powers granted to Congress by the Constitution. Such
authorizations are generally-based on the Congressional powers to
regulate interstate and foreign commerce, or to tax and spend for
the general welfare. Major Supreme Court decisions have established
that those general powers include not only the p ower to promote
navigation, but also to provide for flood control, hydropower
production, watershed development, and similar activities of broad

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water resources management. Furthermore, the powers can be applied
by-Congress not only to the main portions of a river or other body
of water, but to it's watershed and non-navigable portions as well.
Also involved is the resolution of interstate water problems.
States often assert conflicting claims to the waters made available
by a major interbasin project. The Supreme Court has ruled that
Congress may adopt a comprehensive statutory plan for apportionment
of the waters involved when authorizing a project. Similarly, the
court. itself may adjudicate such interstate disputes. Interstate
cooperation is approved by Congress in the form of an interstate
compact. (Para 4-5)

c. Interpretation of Legislative Policy. Policies in new or
controversial fields often require judicial interpretation. in
recent years Judicial effect on policy has been most pronounced in
matters of administrative procedures, particularly those involving
public participation in decision-making and related environmental
questions. The provisions of the National Environmental Policy Act
have been applied by the courts virtually to the whole scope of the
planning, construction, and operation of water resources projects,
resulting in numerous changes in agencies' basic procedures. Due to
this increased judicial scrutiny which occurred in the early 1970's,
individuals and groups affected by present or proposed projects will
have a continued opportunity to use the courts to test the propriety
and application of administrative procedures.

d. Legislation and Corps Regulatory Activity. Corps regulatory
authorities have been interpreted by the courts to require detailed
attention to systematic decision-making and protection of the
interests of the public at large as well as the particular interests
of the persons or entities subjected to Federal regulation. The
policies governing the administrative procedures in Corps regulatory
programs have accordingly become increasingly detailed.

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CHAPTER 3

NATIONAL OBJECTIVES AND POLICIES IN WATER RESOURCES MANAGEMENT

3-1.' Defining the National Objectives. The concept of multi-
objective planning to guide Federal programs has long been
advocated. Public debate and actions by the Congress and the
Administration have enlarged the attention given non-economic
factors in preserving and developing national resources. Taken
together, the policies established by these actions define the
national objectives for water resource planning.

a. Congressional Objectives. In addition to specific legisla-
tion on environmental protection and enhancement, particularly water
and air quality, Congress has taken significant actions in recent
legislation in defining broad objectives. Among others, these
actions include:

0 ~~~(1) The Clean Water Act of 1977 (PL 95-217). This Act amends
Public Law 92-500 and continues the massive research and action
program designed to clean up U.S. waters. The Environmental
Protection Agency (EPA) has primary responsibility for implementing
this program. However, under Section 404, the Corps of Engineers
retains primary responsibility for permits to discharge dredged or
fill material into waters of the United States. The Act also
defines the conditions which must be met by Federal projects before
they may make discharges into the Nation's waters.

(2) Water Resources Development Act of 1976 (PL 94-587).
Section 150 authorizes the Chief of Engineers to establish wetland
areas with dredged material from water resources projects.

(3) Water Resources Development Act of 1974 (Pub. Law 93-251).
Section 73 states a general policy that, during planning, 'Federal
agencies will give consideration to non-structural measures to
reduce or prevent flood damage and that the Federal Government may
participate in the costs.

(4) River and Harbor and Flood Control Act of 1970 (Pub. Law
91-611).

(a) Section 122 directed the Secretary of the Army, acting
through the Chief of Engineers, to promulgate guidelines for

3-1

2Sep. 7952-

consideration of significant economic, social and environmental
effects of proposed water resources developments,,so that final
project decisions are made in the best overall public interest.

(b) Section 209 expressed the intent of Congress that the
objectives of enhancing regional economic development, quality of
the total environment, well-being of people, and national economic
development are to be included in the formulation and evaluation of
Federally financed water resource projects.

(5) National Environmental Policy Act of 19'69 (NEFA) (Pub. Law
91-190). NEPA declared it a national policy to encourage productive
and enjoyable harmony between man and his environment, and for other
purposes. Specifically, it declared a "continuing policy of the
Federal Government.... to use all practicable means and measures..
to foster and promote the general welfare, to create conditions
under which man and nature can exist in productive harmony, and
fulfill the social, economic, and other requirements of present and
future generations of Americans." See. 102 authorized and directed
that, to the fullest extent possible, the policies,. regulations and
public laws of the United States 'shall be interpreted and
administered in accordance with the policies of the Act.

(a) Environmental impact Statement (HIS). Section 102(2)(c)
requires the preparation of an HIS to accompany every recommendation
or report on legislative proposals, or other major Federal actions
significantly affecting the quality of the human environment. The
Corps of Engineers normally prepar es an HIS for legislation, feasi-
bility reports, operations and maintenance activities, regulatory
permits and real estate management and disposal actions. Environ-
mental assessments are prepared for other Corps actions which may
not have a significant impact on the environment. A finding of no
significant impact is prepared by the reporting officer to accompany
an assessment when an HIS will not be prepared. Emergency
activities do not require the preparation of an HIS. (ER 200-2-2)

,(b) Notice of Intent. A notice of intent to prepare a draft
HIS is published in the Federal Register as soon as practicable
after reporting officers decide to prepare a draft HIS. (ER 200-2-I)

(c) Record of Decision. A Record of Decision is prepared to
document the Corps final decision on a proposed action requiring an
HIS. The Record of Decision identifies the alternatives considered;
those which were considered environmentally preferable; the relevant
factors including economic, technical, statutory missions, and
national policy which were balanced to make the decision; and

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whether all practicable means to avoid or minimize environmental
harm have been adopted, and if not, why they were not. (ER 200-2-2)

b. Administrative Policy. Administrative policy has developed
gradually but continuously over the years to implement laws and to
encompass the growth of economic and social need and changing
technology. Basic principles of formulation and evaluation were
outlined in the report to the Inter-Agency Committee on Water
Resources entitled, "Proposed Practices for Economic Analysis of
River Basin Projects". The report was originally issued in May 1950
and revised in May 1958. In May 1962, the President approved use of
the principles and standards contained in Senate Document 97, 87th
Congress. In 1973, the President approved, and the Water Resources
Council published its "Principles and Standards for Planning Water
and Related Land Resources," (P&S) in the Federal Register (38 FR
24778). The P&S require that Federal and federally assisted water
and land activities be planned toward achievement of National
Economic Development (NED) and Environmental Quality (EQ) as
co-equal national objectives. On 6 June 1978, the President in his
Water Policy Reform Message to Congress, reaffirmed the P&S, giving
emphasis to "water conservation" as a component of the two co-equal
National objectives, and consideration of "non-structural"
alternatives in planning. The major thrust of the new policy
initiative he set forth was to:

-- aImprove planning and efficient management of Federal water
resources programs and to permit necessary water projects which are
cost-effective, safe, and environmentally sound to move forward
expeditiously;

---Provide a new, national emphasis on water conservation;

--Enhance Federal-State cooperation and improved State water
resources planning;

--Increase attention to environmental quality.

These initiatives are being implemented as a result of the following
memoranda issued 12 July 1978.

(1) Improvements in the Planning and Evaluation of Federal
Water Resources Programs and Projects. This memo called for: the
WRC and its member agencies to revise the P&S to accomplish full
integration of water conservation into project and program planning
and review, as a component of the NED and EQ objectives, and
consideration of non-structural alternatives; development of a
planning manual for use in evaluating projects; establishment of an

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28 Se-p 79

Independent Water Project Review Function in the WRC to provide an
impartial technical review of all water projects during
pre-authorization and pre-construction planning to assure compliance
with the P&S manual and Federal laws, regulations and guidelines
relevant to the planning process. it also provided decision
criteria for use in determining which projects will be supported by
the Administration in authorization and appropriations bills. The
planning manual was published in the Federal Register on 24 May 1979
as a proposed rule.

(2) Environmental Quality and Water Resources Management. This
memo requires agencies with responsibility to implement
environmental protection statutes to review their existing
regulations and revise them as appropriate to insure timely and
effective compliance. In addition, prior to requesting funds for
construction, planning of a water resources project will determine
whether any groundwater problems exist; the extent the Federal
project will cause or contribute to the problem; and, actions which
can be taken to avoid or minimize the problem. In cooperation with
the States, Federal agencies shall improve, where possible, the
operation and management of existing projects to protect instream
uses. In planning, Federal agencies will establish and provide for
the streaif low necessary to maintain instream. needs below proposed
dams or other facilities. Legislation is to be submitted to provide
for maintenance of instream flows at existing projects when feasible.-

(3) Water Conservation and Floodplain Management in Federal
Programs. Called for agencies to implement water conservation
policies applicable to their agency operations and to fully and
expeditiously implement EQ 11988 on "Floodplain Management".
(ER 1165-2-26)

(4) Conservation Pricing of Water Supplied by Federal
Projects. Directs Federal agencies to take all necessary steps to
increase water conservation and Federal cost recovery from Federal
projects and to allow States to set the price of water supplies for
municipal and industrial purposes above the full cost recovery level
in order to fuind water conservation programs.

(5) Emphasis on Nonstructural Flood Protection Methods.
Directs Departments to utilize existing programs to encourage the
use of nonstructural floodplain management practices. It directs
the Secretary of the Army to organize and coordinate these efforts.

(6) Enhanced Federal-State Cooperation in Water Management.
Directs the WRC to prepare legislation to make $25 million available
to States for technical assistance in water conservation; increase

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budget requests for funding of the State grants program under Title
III of PL 89-80 to $25 million; and prepare legislation to implement
new cost sharing requirements for projects (see para 5-11b).
In addition, memorandums were issued regarding Federal and Indian
Reserved Water Rights, Technical Assistance for Water Conservation
in Water-Short Areas, Water Conservation in Housing Assistance
Programs, Water Conservation at Federal Facilities, Water
Conservation Provisions in Loan and Grant Programs for Water Supply
and Treatment, Agricultural Assistance Programs in Water-Short
Areas, and Improvements in Soil Conservation Service Programs.

3-2. Corps of Engineers Policy.

a. General. It is the policy of the Corps of Engineers to
develop, control, maintain, and conserve the Nations' water
resources in accordance with the laws and policies established by
Congress and the Administration. in accordance with those laws and
policies, the Corps carefully considers and seeks to balance the
environmental and developmental needs of the Nation. Actions taken
comply with all relevant environmental statutes, have no significant
safety problem, and are in the overall public interest. The follow-
ing guidelines sunmmarize considerations taken to insure that actions
taken are in the public interest.

(1) Range of Alternative Solutions. The full range of
alternative solutions to a problem including their positive and
negative impacts should be considered from the outset of the
planning activity. Any water resource management proposal should be
preceded by a thorough assessment of all relevant alternative means
to achieve proposed project objectives and purposes singly or in
combinations reflecting different choice criteria. Such an
assessment should include a full range of structural and
non-structural alternatives and an unbiased analysis of both Corps
and non-Corps means of resolving water and related land use
problems; while protecting, preserving, and enhancing the quality of
the environment, restoring environmental quality previously lost,
and minimizing or mitigating unavoidable adverse effects.

(2) With and Without Consequences. The with and without
consequences'of each feasible alternative should be determined
adequately. The net effect of any proposed solution to a water re-
source problem should be carefully considered under a with - and
without action framework, using projections of economic,
environmental and social impacts. Beneficial and adverse project
impacts may be evaluated by measuring the differences between
indicator values which result if a proposed plan is implemented and
their values if the natural forces of change continue to develop

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HP 1165-2-1
28 Sep 79

free of the influence of action by the Corps. Provisions should be
made for preserving unique cultural and biological resources, such
as historic and archeological sites and threatened, endangered and
otherwise significant species and their habitats.

(3) Options Foreclosed. Options foreclosed by the proposed
action should be analyzed. Changing national values and priorities
will be reflected in different approaches to the future well-being
of the general public. In a rapidly changing society the needs of
the future cannot be forecast with accuracy. Where evolving
technology provides new alternatives a primary tenet of planning
should be to maintain flexibility for the future. Phased develop-
ment or deliberate delay may frequently be better than action for
which incremental need has not been demonstrated thoroughly and the
resultant effects have not been evaluated adequately. To maintain
flexibility it is necessary to devote extra Attention to those
actions which would irrevocably limit freedom of action rto deal with
future changes to project-area water development problems and
needs. Significant options retained or foreclosed should be
specified.

(4) Cumulative Effects of the Plan. The cumulative effects of
the plan and other similar activities should be analyzed. Each
proposed water resource development activity is but a piece of a0
large-scale program. The combined beneficial and adverse economic,
environmental and social impacts of individual projects, each of
which may be relatively minor, can have a significant regional or
national impact. At each level of the evaluation and review process
it is necessary to assess the cumulative beneficial and adverse
effects of individual project impacts. Significant effects should
guide the decisions.

(5) Public Acceptance. The level of overall public acceptance
of the solution to a problem is evaluated. Public participation is
a viable and essential approach to problem and impact identification
and evaluation, and determination of public acceptance of the final
proposals. To promote public trust and confidence in the ability of
the Corps planning process, it is necessary to plan in an open
arena. An intensive effort must be made to translate the technical
language of planning and the underlying research and methodology to
a form understandable to all those interested in water resources
planning, policies and techniques. Preliminary or interim
alternative plans should be displayed and discussed; and expressions
of conflicting public values, attitudes and preferences must be
impartially encouraged. To make the process effective, it is
necessary to incorporate public views into the planning process at
its very beginning. Corps employees should not assume the role of
project proponent or salesman.

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28 Sep 79

(6) Response to Goals and Priorities. The plan should respond
to the long-range development goals and priorities for the study
area, and to National policies and objectives. Many regions and
basins have long-range development goals and priorities, as
specified in assessments, framework studies, comprehensive basin
studies, and in other sources. Any proposed plan should be
consistent with these objectives. To insure this consistency,
adequate coordination must be achieved with regional planning bodies
and allother interested parties.

b. Responsibility. Division Engineers are responsible for
seeing that all actions of Civil Works personnel conform to
established forms and forums for objective, professional analyses of
water resource problems and alternative solutions; for full
compliance with requirements for environmental impact statements and
other information and evaluation displays; and for adherence to all
established Executive Branch and Congressional policies regardding
Federal - non-Federal cooperation. The continued successful
accomplishment of the Corps mission assignments depends on avoidance
of even the appearance of deviation from established procedures and
particularly of being project proponents.

c. Opposition by a State. During the period from project
conception through construction a Governor or other State official
may request termination of a project or delay pending restudy of
modifications or alternatives. The views of the State are given
great weight in actions taken by t~he Corps of Engineers as discussed
in the following paragraphs.~

(1) Projects in preauthorization stages. The Corps
traditionally defers to adverse views of a Governor on a proposed
project located in his State. A favorable recommendation over the
objections of a Governor would be justified only if the project: is
physically located in more than one State and provides substantial
and urgently needed interstate benefits; is an indispensable element
of a major river basin plan; or involves compelling circumstances
related to national interest or security. The survey report would
contain a full documentation of the Governor's opposition and would
be submitted to Congress for its decision.

()Authorized but unfunded projects. Projects in this
category are proposed for deauthorization using the authority of
Section 12 of PL 93-251 (para 6-5). If not eligible for
deauthorization under Section 12 consideration is given to placing
them in the inactive category (para 7-4).

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HP 1165-2-1
28 Sep 79

(3) Projects funded f or preconstruction planning. if
gubernatorial opposition to projects in this stage occurs, the Corps
generally will phase out and 'suspend planning as long as the
Governor remains opposed. Congress is informed during appropriation
hearings. If the project meets one of the criteria in paragraph 3-2
c(l) the Corps should propose to continue planning. If a project
lacks local support, or if a Governor withholds or withdraws
necessary assurances or contractural requirements, planning should
cease and actions taken to classify the project as inactive. The
final decision to terminate planning on projects rest with Congress,
the Corps cannot unilaterally terminate planning.

(4) Projects with construction funds. Appropriation o f
construction funds is a major project milestone, signifying a
decision by Congress to proceed with the project. All non-Federal
commitments have presumably been met, and at that late point a
Governor's objection should not, in itself, be the grounds for
terminating a project. As a practical matter, projects that have
been funded for construction but have not proceeded--or have only
had minimal land acquisition-are in a somewhat different status
than those actually under physical construction. If a Governor
objects before construction is underway, the Appropriations
Committees should be notified and the Corps position outlined.
Ordinarily, the Corps defers all contract awards until after the
next appropriations hearings in order to give the Committees an
opportunity to explore the matter carefully, and construction would
proceed if funding is continued. For projects where construction is,
underway, the Corps cannot, on its own, terminate construction
except for engineering reasons. If a Governor raises objections to
a project physically under construction, existing contracts should
be continued. New contracts can be deferred until after appropria-
tion hearings have been conducted, if they do not seriously delay
progress on the project. Otherwise, the Corps should inform the
committees of its intention to award new contracts and do so unless
instructed not to. Only the courts or Congress can halt a project
in this category.

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EP 1165-2-1
28 Sep 79

CHAPTER 4

14ANAGEME1RT OF THE CIVIL WORKS PROGRAM

4-1. Delegation of Authority. Decentralization through delegation
of authority is a basic tenet of the Corps organization and
structure. To achieve decentralization, managers at each level are
vested with'sufficient authority to discharge their missions. it is
the policy of the Chief of Engineers that every manager will receive
from his superior clearly defined policies, principles, and
criteria. Compliance with this guidance is checked with a minimum
number of essential personal contacts, such as Command Inspections,
staff visits, IG Inspections, various types of audits and a few well
designed reports. Authority is ordinarily delegated to the next
subordinate manager if: facts upon which to formulate a prudent
decision are available to the manager; adequate resources, including
personnel possessing the specialities and experience to make a
professionally acceptable decision are available to the manager, or
can be economically made available; no restriction on delegating or
discharging the authority has been imposed by law or regulation of
higher authority. (ER 1-1-3; ER 10-1-2)

4-2. Organizational Structure.

a. Office of the Chief of Engineers (OCE). OCE is the
headquarters staff required to assist the Chief of Engineers in
planning, directing, and controlling the activities of the Corps of
Engineers. As a basic policy OCE performs staff supervision. Field
activities direct, control and execute operations. The Civil Works
functions-of the Office, Chief of Engineers are supervised by the
Director of Civil Works with requisite support from other
Directorates and separate offices of OCE. The organization of the
Office, Chief of Engineers, as defined in ER 10-1-1 is shown in
Chart 4-1.

b. Directorate of Civil Works. The Director of Civil Works is
responsible to the Chief of Engineers for the supervision of matters
relating to the planning, design, construction, operation, and
maintenance of the Corps civil works. Such works include management
and improvement of rivers, harbors, and waterways, for navigation,
flood control, multiple-use purposes and shore protection projects
or programs. The Director is also responsible for the
administration of laws to protect and preserve the navigable waters
of the United States; for the conduct and direction of emergency
operations pursuant to special authorities for flood control and
navigation; and for the accomplishment of special projects as
assigned. The

4-1

EP 1165-2-1
28 Sep 79

organization of the Civil Works Directorate in OCE is shown in Chart
4-2.

4-3. Boards and Commissions. Offices which advise and support-the
Chief of Engineers in civil works functions include:

a. Coastal Engineering Research Board (CERB)., This advisory
board provides broad policy guidance and reviews plans for the
conduct of research and development in the field of coastal
engineering, recommends priorities of research projects in
consonance with the needs of the coastal engineering field and the
objectives of the Chief of Engineers. (ER 10-1-16)

b. Board of Engineers for Rivers and Harbors (BERH). This
board conducts independent reviews of planning documents and
specials reports as requested by Acts of Congress or resolutions of
Congressional Committees, or as directed by the Chief of Engineers.
These reviews are for the purpose of determining the advisability of
authorizing the construction of works for water resources
development. The Board also reviews some Phase I General Design
Memoranda and General Design Memoranda for proposed replacement or
reconstruction of existing navigation improvements under the
authority of Section 6 of the 1909 River and Harbor Act. (ER 10-1-7)

c. California Debris Commission (SPKCD). This commission
conducts studies and develops methods for the restraint and
disposition of debris accompanying hydraulic mining; regulates
hydraulic mining in the drainage areas of the Sacramento and San
Joaquin Rivers, California, so that debris will not be carried into
navigable waters or otherwise cause damages; and develops plans for
control of Sacramento River floods. (ER 10-1-6)

d. Mississippi~River Commission (MRC). The statutory mission
of the MRC whose boundary extends from Cairo, Ill., to the river's
mouth, is to "take into consideration and to mature such plan or
plans and estimates as will correct, permanently locate, and deepen
the channel and protect the banks of the Mississippi; improve and
give safety and ease to the navigation thereof; prevent destructive
floods; promote and facilitate commerce, trade, and the postal
service and, when-so prepared and matured, to submit to the
Secretary of the Army a full and detailed report of these
proceedings and actions and of such plans with estimates of the cost
thereof for the purposes aforesaid to be by him transmitted to
Congress" (33 USC 647). MRC and its work are funded separately from
other Civil Works projects under its own program entitled
"Mississippi River and Tiuaes" (ER 10-1-5)

4-2

Chief

Engineers

Assistant Chief IBoards &
of Engineers Commissions

I Deputy Chief
of Engineers

Directorate Directorate Directorate Research
of of of and
Military Civil Real Development
Programs Works Estate Office

Engineer Office Ofc
Resource Info and Office Office o ftePbi fOffice EulOfc
Management DaaOf of the EgnePulcSafety Security ofEmployment of
Office Systam Administrative Chief E ninseetr Affairs Office adLw Pocuemn OpportunityPesnlO i
Systems Inspector ~~~~~~~~~~Office a d L wPoueetPronl0 -
Office Services Counsel General Enforcement Office

CHART -4-1 ORGANIZATION, OFFICE OF THE CHIEF OF ENGINEERS

EXECUTIVE OFFICE P
DIRECTOR OF CIVIL WORKS I

I' I 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

OFFICE OFFICE OF EMERGENCY OFFICE OF
OF MANAGEMENT AND OPERATIONS FIELD SUPPORT/i
POLICY STAFF SUPPORT GROUP ASST DIR'S OF C

PLANNING 'ENGINEERING CONSTRUCTION- PROGRAMS
OPERATIONS
DIVISION DIVISION DIVISION DIVISION'

CHART 4-2 - ORGANIZATION OF DIRECTORATE OF CIVIL WORKS

ER 1165-2-1
28 Sep 79

e. Shoreline Erosion Advisory Panel (SEAP). The function of
this panel is to advise the Chief of Engineers during a five-year
period concerning shoreline erosion control development and
demonstration program. The program consists of planning,
constructing, operating, evaluating and demonstrating prototype
shoreline erosion control devices, both engineered and vegetative,
with emphasis on low-cost shoreline erosion control devices located
on sheltered or inland waters. (Sec 54 of P.L. 93-251)

f. Chief of Engineers Environmental Advisory Board. The
Environmenta-l Advisory Board consists of six members selected by the
Chief of Engineers representing a broad range of expertise and
experience in environmental matters. The Board serves as advisor to
the Chief of Engineers primarily for environmental policy and
prooedural1 matters.

4-4. Field Offices. The bulk of the Civil Works program assigned
to the Chief of Engineers is accomplished through delegation to
field officers and their staffs, under the supervision of OCE.

a. U. S. Army Engineer Divisions. These supervisory offices
have jurisdiction over specified geographical areas. In discharging
this responsibility Division Engineers:

(1) Administer the mission of the Chief of Engineers involving
Civil Works planning, engineering, construction, operation and
maintenance of facilities and related real estate matters.

(2) Command and supervise districts assigned to their control.
This supervisory responsibility includes review and approval of the
major plans and programs of the districts, implementation of plans
and policies of the Chief of Engineers and review and control of
district *operations.

(3) Assign missions to the districts, coordinate execution,
develop cooperative interests, and represent the division as a whole.

b. U. S. Army Engineer Districts. These are the principal
planning and project implementation offices of the Corps. In
discharging their responsibilities, District Engineers:

(1) Prepare and submit water resource needs and development
studies in response to specific Congressional resolutions.

(2) Prepare engineer studies and develop the design for
facilities-

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EP 1165-2-1
28 Sep 79

(3) Construct civil works facilities.

(4) Operate and maintain major water resource projects.

(5) Administer the laws for the protection and preservation of
the navigable waters of the United States.

(6) Acquire, manage and dispose of real estate.

c. Research, Development and Support Activities.

(1) Water Resources Support Center (WRSC). Organizes, manages
and performs studies and analyses for meeting regional, multi-
regional and national objectives; to develop and coordinate guidance
and new, innovative techniques in planning the comprehensive
management and development of the Nation's water and related
resources; to organize, manage, and coordinate all dredging related
activities of the Corps; to provide consultative and problem-solving
services and technical support to Corps field offices in the areas
of water resources management and development and water resources
data collection and monitoring. The Institute for Water Resources;
the Port Facilities Division of the Board of Engineers for Rivers
and Harbors; the Waterborne Commerce Statistics Center, New Orleans;
the Hydrologic Engineering Center, Davis, California; and the Marine
Design Division, Philadelphia are assigned to WRSC.

(2) U. S. Army Engineer Waterways Experiment Station (USAE
WES). Conceives, plans, and executes engineering investigations, and
research and development studies, in support of the Chief of
Engineers and other Federal agencies, through the operation of a
complex of laboratories in the broad fields of hydraulics, soil
mechanics, concrete, engineering geology, rock mechanics, pavements,
expedient construction, and environmental relationships. (ER 10-1-8)

(3) U. S. Army Coas.tal Engineering Research Center (CERC).
Conceives,- plans, conducts, and publishes research and data
collection in coastal engineering and nearshore oceanography in
order to provide a better understanding of, and scientific and
engineering data and design criteria for, coastal winds, waves,
water levels, tides, currents, and materials as they apply to shore
and beach erosion control; flood and storm protection; the location,
layout, design, construction, operation, and maintenance of harbor
and of coastal and offshore structures; navigation improvement; and
recreation; and to determine the effects of the coastal activities
of the Corps of Engineers on the ecology of the coastal zone.
Provides specialized consulting services and training on coastal
engineering. (ER 10-1-9)

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EP 1165-2-1
28 Sep 79

(4) U. S. Army Construction Engineering Research Laboratory
(CERL). Develops methods of advancing the concepts and technology
of the design, construction, operation, and maintenance of all types
of Federal structures and facilities, through research,
investigation, and analytical studies. (ER 10-1-26)

(5) U. S. Army Cold Regions Research and Engineering Laboratory
(CRREL). As the Army Laboratory for science and technology in the
cold environments of the world, USACRREL conducts and coordinates
research and surveillance of technology applicable to the Army's
needs in those geographic areas of the world where cold presents a
severe problem. USACRREL is responsible for the research program in
wastewater management via land treatment conducted in support of the
Urban Studies program, and other Corps requirements for design,
construction and operational criteria. It also has responsibility
for the research project on Ice Engineering which provides for
technical analysis and the development of techniques and designs for
the solution of ice problems. (ER 10-1-25)

(6) U. S. Army Engineer Studies Center (ESC). Accomplishes
studies that require assessment of the various interactions and
implications affecting decisions relative to engineer systems.
(ER- 10-1-29)

(7) Corps of Engineers Hydrologic Engineering Center (HEC).
The Center provides services to all offices of the Corps of
Engineers associated with hydrologic engineering techniques and
procedures. (ER 10-1-24)

(8) U. S. Army Engineer Data Processing Center (EDPC). The
Center provides a central data processing service for ADP systems
design, computer programming, collection, compilation, and
production of reports and statistical data. (ER 10-1-43)

(9) U. S. Army Engineer Topographic Laboratories (ETL).
Accomplishes research and development into the topographic sciences;
provides scientific and technical advisory service to meet
environmental design criteria requirements of military material
developers; provides environmental resource inventory requirements
of military and non-military programs. (ER 10-1-45)

(10) U. S. Army Engineer Institute for Water Resources (IWR).
Develops methodology and guidance to be utilized by the Corps of
Engineers for planning the comprehensive development and management
of the Nation's water and related resources; initiates, performs and
monitors studies to evaluate existing planning methods and criteria

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and to develop new and innovative techniques; performs studies and
analyses to define policy issues and recommends alternatives policy
positions. (ER 10-1-23)

4-5. institutions for Management of River Basin Operations.

a. Institutional Arrangements. The U.S. Water Resources
Council (WRC) published a report in August 1967, on "Alternative
Institutional Arrangements for Managing River Basin Operations."
This report describes institutional arrangements developed and used
to improve basin-wide management of the Nation's water and related
land resources. The report identifies eight patterns of
administrative organization which can be used to integrate
management efforts: Interstate compact; Federal-Interstate Compact;
River Basin Commission (Title II, Water Resources Planning Act);
Bisin Inter-Agency Committees; Regional Federal-State Commissions
(Appalachian Regional Commission); Intra-State Special District
(Soil and Water Conservation Districts); FederalI Regional Agency
(TVA); and a Single Federal Administrator (Colorado River):

(1) interstate Compact. This is an agreement between two or
more States whereby they obligate themselves to the terms of the
compact. Such a compact must be consented to by Congress, but does
not obligate the Federal Government to the terms and conditions of
the compact. The Federal Government often assists, through a
Federal representative, in the development of the compact and in the
work of any compact-created agency. Interstate compacts can serve a
wide range of functions, from the simple one-time allocation of the
waters of an interstate stream to the vesting of enforcement and
regulatory powers in an entity whose judgments are binding upon the
member States (for example, as to water quality). A compilation of
interstate compacts relating to water resources is contained in
House Document 319, 90th Congress, "Documents on the Use and Control
of the Waters of Interstate an(d International Streams".

(2) Federal - Interstate Compact. The most significant
difference between this agreement and the interstate compact is that
the United States is a signatory party. Except as stated in the
compact, the exercise of Federal powers is subjected to the terms
and conditions of the compact and the authority of any compact-
created agency. The compact form must, as with the interstate
compact, be consented to by the Congress. The Federal-Interstate
compacts have been used to implement, in a single basin authority,
the full range of managerial planning, construction, and operation
and maintenance functions. The first of two such compacts, the
Delaware River Basin Compact, is administered by the Delaware River
Basin Commission. The second is the Susquehanna River Basin Compact
administered by the Susquehanna River Basin Commission. in granting
consent to the compacts, Congress attached reservations to prevent

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impairment of the future exercise of Federal power and to avoid
limitations on Congressional power to pass laws inconsistent with
the compact.

(3) River Basin Commissions (Title EI). River basin
commissions are established by the President pursuant to Title 11 of
the Water Resources Planning Act. The WRC and not less than
one-half of the States within which the subject basin lies must
concur. Members of a commission include representatives of
interested Federal agencies and the affected states. These
commissions are limited to planning and coordinating activities,
which include preparing and keeping up-to-date a comprehensive plan
for water and related land resources development within the basin;
recommending priorities for data collection, investigation,
planning,and construction of projects; and submission to WRC of
recommendations for implementing the plan. They do not have
authority to construct 'or operate projects. The participation by
many agencies in the joint planning effort requires a significant
amount of coordination in management and administration.

(4) Basin Inter-Agency Committees. These committees are
composed of basin states and of interested Federal agencies acting
through interagency agreement. These groups may manage framework
studies and assessments and Regional or river basin plans, under the
direction of the Water Resources Council. The committees cannot
undertake construction or operation of projects. Unlike the
institutional arrangements noted above, inter-agency committees are
not created by statute and therefore have no statutory powers in
their own right.

b. Activities. Compacts, river basin commissions, and
Interagency committees influence the management of water and related
land resources. The Chief of Engineers encourages their activity,
and cooperates to the maximum extent possible.

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CHAPTER 5

PLANNING INVESTIGATIONS

5-1. Authorization of Investigations. The Corps may undertake
investigations of water and related land resources plans under
specific authorizations by Congress or, for smaller studies, under
general continuing authorities. Specific authorizations are either
legislative actions by Congress or resolutions by either the House
Public Works and Transportation or Senate Environment and Public
Works Committee. Section I of the Water Resources Development Act
of 1974 (Public Law 93-251) established a two-phase authorization
procedure for major projects. Continuing authorities permit the
Secretary of the Army and the Chief of Engineers to undertake
investigations and construction of projects having a Federal cost
not exceeding: $2,000,000 for small flood control projects,
$3,000,000 in areas that have been designated disaster areas within
the past 5 years; $2,000,000 for small navigation projects;
$1,000,000 for small beach erosion control projects, $250,000 for
clearing and snagging; and, $250,000 for emergency bank protection.
A project under the special continuing authorities is the same
independent and complete-within-itself project that would be
recommended under regular authorization procedures. Other
legislation empowers the Secretary of the Army and the Chief of
Engineers to undertake investigations for modifying completed
projects or their operation (Section 216 of the 1970 Flood Control
Act), for modifying or adding to structures and operations of
structures or for acquiring lands to conserve wildlife on projects
not substantially completed before August 1958 -(Section 2 of the
Fish and Wildlife Coordinationi Act), and for mitigation of shore
damage due to navigation projects (Section III of the 1968 River and
Harbor Act). Section 22 of Public Law 93-251 establishes a program
of cooperative assistance 'to States in preparation of comprehensive
plans for water resources development, utilization, and conservation.

5-2. Types of Civil Works Investigations. The types of planning
investigations conducted by the Corps vary in purpose of investi-
gation, size of area, detail, number of agencies participating,
nature of study authorization, and priority of need.

a. Framework Studies and Assessments (Level A). These studies
are of regional or national scope. They are directed by the Water
Resources Council with the Corps generally a major participant.
Framework studies and assessments of major regions are designed to:
(1) inventory-the extent of water and related land problems, needs,
and desires of people for the conservation, development, and

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utilization of water and land resources throughout the region; (2)
indicate the general approaches that appear appropriate for their"'
solution; and (3) identify specific geographic areas with complex
problems where more detailed regional, river basin, or implemen--
tation planning investigation and analysis are needed. Framework
studies and assessments consider Federal, State, and local means of
implementation and are multiobjective in nature. They do not
normally provide a basis for recommending specific action for::water
resource development.

b. Regional or River Basin Studies (Level B). These studies
are directed by the Water Resources Council generally with study
participation by the Corps. They are reconnaissance-level- -
evaluation of water and land resources more detailed in scope and
more limited in area than framework studies. They are prepared to
resolve complex long-range problems identified by framework studies
and assessments and vary widely in scope and detail; they involve
Federal, State and local interests in the area's water policy
coordination and plan formulation; and they identify and' recommend
action plans and programs to be pursued by individual Federal,
State, and local entities. Regional or river basin pladning studies
are concerned with a broad array of multiobjective component needs.'
Identification of the more urgent elements of the plan that require
early action is used to guide subsequent implementation studies.

c. Implementation Studies (Level C). Implementation studies'
are detailed program or project feasibility studies generally
undertaken by the Corps for the purpose of recommending
authorization or initiation of plans to solve-water resource
problems. The studies can be conducted to implement findings,
conclusions, and recommendations of framework studies and'
assessments and regional or river basin studies. Plan formulation
for implementation studies focuses on the preparation of a
recommended plan of action to meet long term needs and alleviate
problems in a manner consistent with other long-range plans. Plans
are oriented toward an identified set of planning objectives for the-
study area.

(1) Survey, Review and Interim Studies (Feasibility Studies).
These are detailed studies for decision-making purposes concerning
the need for and desirability of undertaking specific projects and
programs. This is the largest class of Corps implementation
studies. They are referred to as review studies when the study
authority directs the review of a previous report'. They are -
referred to as Interim studies when accomplished as a partial-
response to a large survey scope planning effort. While"partial ''

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(Interim) response to a study authority may permit earlier
consideration of high priority problems of limited scope, it may
also limit possible alternatives for the subsequent comprehensive
planning effort.

(2) Legislative Phase I Studies. These studies are a
continuation of pre-authorization planning authorized by Congress as
part of the two-stage authorization process (para 6-3c). This
process was used for selected projects in the Water Resource
Development Acts of 1974 and 1976. Under this process a second
report and EIS would be submitted to Congress for consideration of
construction authorization.

(3) Investigations Under Continuing Authorities. These
implementation studies are made to determine appropriate Corps
action under one of the Special Continuing Authorities (programs of
small projects for flood control, navigation, beach erosion control
wherein legislation limits Federal expenditure per project). They
differ from basic implementation studies by being more detailed in
areas considered and in that they do not require specific
Congressional authorization action. They are normally initiated by
reconnaissance (Preliminary Feasibility) studies which are brief,
non-detailed studies undertaken to determine whether more detailed
implementation studies of specific problems are warranted. The
Detailed Project Reports are prepared and serve as a basis for
approval by the Chief of Engineers of a project for construction and
also serves as a basis for preparation of contract plans and
specifications. (ER 1105-2-50)

(4) Special Investigations. These include studies in the Corps
report program which involve special considerations and may not be
confined to natural river basins. They are carried out by the Corps
with the cooperation, as necessary, of other Federal agencies and
the States concerned. An example is the Northeastern United States
Water Supply Study, which provides for development plans to meet
long-range water supply needs for that area. The level of detail
for Special Investigation Studies can vary from that of framework
assessments to that of implementation studies.

(5) Urban Studies. Urban Studies are considered Level C
studies although they do not develop alternative plans to the same
level of detail as do other Level C studies. Urban studies
generally utilize the first two of the three planning stages (para
5-3). An urban study continues into stage 3 only to support a
recommendation for implementation of a plan element by the Corps of
Engineers. (ER 1105-2-22)

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d. Post-Authorization Studies (Advanced Engineering and
Design). Phase I post-authorization studies provide an orderly
extension of pre-authorization planning in both scope and detail.
They update or reaffirm in greater detail the basic plan presented
to Congress in the survey report with adjustments for physical,
economic, environmental, and social changes which have occurred
subsequent to the basic planning period and recommend appropriate
changes. Their implementation is time-phased with the GDM Phase II,
and the functional Design Memoranda. There are -no Phase I or Phase
II studies for projects under Special Continuing Authorities. (ER
1110-2-1150)

e. Flood Plain Information Studies. Section 206 of the 1960
Flood Control Act, P.L. 86-645, as amended, authorized studies of
flood plains. Flood plain information reports were prepared on
request during the period 1960 through 1978. These reports, which
covered floodplains in over 3000 places, were phased out as new
starts on non-Federal lands because of their similarity to flood
insurance study (FIS) reports (para 24-18).

f. Assistance to States. Section 22, Public Law 93-251
authorized cooperation with States in the preparation of
comprehensive plans for the development, utilization and
conservation of the water and related resources of drainage basins
located within the boundaries of the State and to submit to Congress
reports and recommendations with respect to appropriate Federal
participation in carrying out the plan. Expenditures in any one
State can not exceed $200,000 in any one year. Corps input to the
State planning program is on an effort or service sharing basis in
lieu of an outright grant (ER 1105-2-81). Section 214 of P.L.
89-298 and Section 204 of P.L. 91-611 provide authority to undertake
studies in New York and Puerto Rico.

g. Research and Similar Planning Investigations. Research and
similar study activities are accomplished by various Corps research
offices in support of the Corps planning program or to further
knowledge of unusual or special planning problems. The research
category includes social, environmental and economic studies
pertaining to such matters as regional ports, disposal of dredged
material, public participation, and analysis of the effects of
existing projects, as well as the generalized research in water
resource areas such as hydrology, geology, and coastal engineering.
Supporting activities by other agencies include stream gaging,
precipitation studies, and fish and wildlife studies.

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5-3. The Planning Process. The objective of the multiobjective
planning framework is to guide planning for the conservation,
development, and management of water and related land resources.
The framework requires the systematic preparation and evaluation of
alternative ways of addressing problems, needs, concerns, and
opportunities under the Principles and Standards MPS) objectives of
National Economic Development (NED) and Environmental Quality (EQ).
This results in information necessary to make effective choices
regarding resource management under existing and projected
conditions. Alternative plans are formulated without bias to
structural or nonstructural measures.

a. Plan Development. Plans are developed in three stages,
initial, intermediate, and final. During the initial stage,
planners formulate a conceptual plan of study to guide subsequent
planning. During the intermediate stage, a broad range of plans is
developed and analyzed. In the final stage, plans are screened and
detailed plans developed to furnish a basis for selection and
recommendation. During each stage four functional planning tasks --
problem identification, formulation of alternatives, impact
assessment, and evaluation -- are accomplished. A higher level of
detail for data and analysis and more precise alternative plans are
obtained as the study progresses through each plan development stage.

b. Plan Development Stages. Developing plans in three stages
provides for improving and increasing the level of detail and
reliability of data and analyses, and for incrementally developing
more precise alternative plans throughout a study. The three stages
are described below and are discussed more fully in ER 1105-2-210.

(1) Stage I - Reconnaissance. During the initial stage, the
four planning tasks are performed at a preliminary level of detail
to define the scope and character of the study to determine whether
additional study is warranted and as a guide to subsequent
planning. During this stage, principal emphasis is on
identification of the range of issues related to resource management
in the study area. Because of the introductory nature of the
planning tasks at this stage, the effort generally involves
analyzing a wide range of available data, which may be more
qualitative than quantitative. The general purpose of this stage is
to make an initial analysis of water and related land resources
management problems and how they could be solved. The product is a
Reconnaissance Report.

(2) Stage 2 - Development of Intermediate Plans. The
intermediate stage emphasizes identifying and analyzing the range of
alternative ways for addressing the planning objectives.

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Considerable emphasis is placed on more specifically defining these
objectives. Based on a more definitive analysis of the objectives,
alternatives are outlined and refined without concentrating an
detailed engineering or design considerations. Data should be
sufficient to set forth and analyze alternative concepts of resource
management. The expected impacts of these alternative plans are
assessed and evaluated, concentrating on their significant
consequences. A high level of detail is not appropriate at this
stage. The alternatives developed provide choices concerning the
different viable resource management options for more detailed
studies in Stage 3.

(3) Stage 3 - Development'of Detailed Plans. During the final
stage, emphasis is on modifying, assessing and evaluating the
intermediate alternatives carried into Stage 3 to produce detailed,
implementable plans. Design, assessment, and evaluation in this
stage require data that is specific and well defined. The
alternative'plans produced at its completion are at a comparable
level of detail so that an effective choice can be made.

c. Functional Planning Tasks. Four functional planning tasks
-- problem identification, formulation of alternatives, impact
assessment, and evaluation -- each composed of specific activities,
are to be carried out during each stage of the planning process.
While emphasis may be on a particular activity at a given point in
the process, successful accomplishment of each task, as well as the
planning process in general, requires continuous integration of all
activities. Each activity reflects the result of previous
activities and complements the other activities required to carry
out the study. The essence of each of the four planning tasks is
outlined below:

(1) Problem Identification - Task 1. Problem identification is
the determination of the range of water and related land resource
problems a study will address. It provides for establishing
planning objectives which give direction to subsequent planning
tasks. It is carried out by identifying resource management
problems and public concerns, analyzing them to determine the
physical area to be studied, surveying existing and projected
resource conditions in the area, and synthesizing this information
into specific planning objectives. The problem identification task,
including its associated activities relating to the identification
of public concerns, analysis of resource management problems,
defining the study area, description of the base condition,
projection of future conditions, and establishment of planning
objectives is more fully described and characterized in
ER 1105-2-220.

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(2) Formulation of Alternatives - Task 2. Formulation of
alternatives is the development of different resource management
plans to address the planning objectives. The plans which are
initially formulated assessed and evaluated. Plans which best
address NED, EQ and a mix of the two are identified. Candidates for
the NED Plan are those which are likely to maximize net economic
benefits, and candidates for the EQ Plan are those likely to make
significant contributions to preserving, maintaining, restoring, or
enhancing cultural and natural resources. During subsequent
iterations, candidate plans are reformulated to insure that the best
MtD EQ, and mixed plans are included in the final array of
alternatives. Designation and reformulation of candidate plans
requires substantial professional analysis and judgement and
reflects public preferences and desires. The NED Plan and the EQ
Plan are not intended to establish a polar condition, since plans
which optimize NED and those which emphasize HQ must still meet a
range of specific evaluation criteria and, therefore, could be
similar or even the same plan. Where the NED Plan and HQ Plan are
significantly different, other alternatives reflecting significant
trade-off s between them are formulated so as not to overlook the
best overall plan. Non-structural measures are considered in Stage
I and Stage 2 and every reasonable effort is expended to carry such
a measure, where viable, through Stake 3. Where relevant to
addressing public concerns, "no development" plans are also
formulated. The formulation of alternatives task including its
associated activities relating to the identification of technical
and institutional measures, the consideration of other plans
proposed by governmental or.nongovernmental interests, and the
development of plans is more fully described and characterized in ER
1105-2-230.

(3) Impact Assessment - Task 3. Assessment is the
identification9 description, and if possible, measurement of the
Impacts of the alternative plans. Consistent with the requirements
of the P&S, Section 102(2)(c) of NEPA, and Section 122 of the River
and Harbor and Flood Control Act of 1970, impact assessment provides
for analyzing the significant effects of each alternative. These
are the economic, social, or environmental consequences of an
alternative which would be likely to have a material bearing on the
decision-making process. Impact assessment requires forecasting
where and when significant effects could result from implementing a
given alternative. This determination requires analyzing and
displaying monetary and nonmonetary changes in an objective manner
based on professional and technical assessment of the resources.
The absence of change or no net change from the "without condition"
could also be significant in certain instances and care must be
taken to surface such information during this task. Describing

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impacts does not reflect societal preferences; these preferences are
determined through subsequent evaluation. The impact assessment
task, including its associated activities relating to determining
the source or sources of impacts, identifying and tracing impacts
via cause and effect analysis, measuring impacts, and specifying the
incidence of impacts is move fully described and characterized in ER
1105-2-240.

(4) Evaluation - Task 4. Evaluation is the analysis of each
plan's impacts. Whereas impacts are identified through an objective
undertaking largely on professional analysis, evaluation determines
the subjective value of these changes. This is accomplished by
conducting "with and without" analysis of the alternative plans
based on the changes identified in impact assessment and ascribing
values to the impacts based on' public input and planner's judgment.
The process begins by establishing the contributions of each
alternative in relation to the planning objectives and the NED, EQ,
RD (Regional Development), and SWB (Social Well-Being) account of
the P&S. Then the response of the alternative plans to specified
evaluation criteria is determined. From this information, judgments
are made concerning the beneficial and adverse nature of the
contributions of an alternative to establish its overall
desirability. After this has been done for each alternative, plans
that do not result in an improvement over the "without condition"
are eliminated from further consideration. The first three
activities listed below provide more explicit information on
performing these aspects of evaluation. The relative merits of each
remaining alternative in comparison with the other remaining
alternatives is then established. By so doing, evaluation surfaces
information which is incorporated in succeeding iterations so as to
more fully achieve beneficial contributions while reducing adverse
contributions. The evaluation task, including its associated
activities relating to the appraisal of planning objective
fulfillment, appraising system of accounts contributions, the
application of specified evaluation criteria, the comparison of
plans to effectuate trade-off analysis, and the designation of plans
consistent with P&S criteria is more fully described and
characterized in ER 1105-2-250.

(5) Iteration of the Planning Tasks. Within each planning
stage, the four planning tasks are to be repeated or iterated at
least once to develop move precise and detailed plans that more
fully address the planning objectives while minimizing adverse
economic, social, and environmental impacts.

d. Public Involvement in Planning. The public has sigificant"
involvement in the conduct of Corps planning activities. Public
involvement is a continuous, two-way communication process that is

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essential to successful planning. It. involves: promoting public
understanding of the manner and means by which water resources
problems and needs are investigated and solutions are proposed;
keeping the public informed regarding the'status and progress of
studies and the results and implications of planning activities; and
actively soliciting citizen opinions and perceptions of problems,
issues, concerns, and objectives, their preferences regarding
resource use and alternative development or management strategies.
Public involvement programs are planned systematically, and
accomplished by: identification of publics; definition of
information requirements; And selection of public involvement
techniques. (ER 1105-2-800, ER 1105-2-502)

e. Institutional Considerations. An institution is an
organization or political/social process that is highly structured,
systematized and stable. It may be a formal or informal body,
group, or agency as well as one or a set of formalized practices,
procedures, customs or traditions. Institutions of both a political
and social nature play an essential role in the planning process and
can be critical determinants regarding implementability of a plan.
institutions are diverse and wide ranging and include, as limited
examples, state governments, local planning agencies, established
tax structures and general local or regional attitudes toward
financial obligation. The basic analytical task is to determine the
requirements imposed by alternative plans and the capability and
willingness of existing insti tutions to meet those requirements.
Analysis of institutions helps a `s~e the feasibility of alternative
plans. As the planner works through the planning process developing
plans that are increasingly responsive to the planning objectives, a
parallel effort is carried out whose purpose is -to assure plan
implementabili ty.

f. Coordination with Federal, State, and Local Interests. The
need for cooperation and coordination among Federal agencies
concerned with water resources development has become more apparent
as the Federal interest in this activity has grown. The interests
of affected States and involved local interests are of significant
concern and must be recognized and considered-In recent years,
this has been amplified by a general concern for the environment,
regional economic development, and social well-being.

(1) It is the policy of the Corps of Engineers to coordinate
programs and to resolve differences whenever possible. Some of
these efforts are established as legislative requirements. For
example, in the Flood Control Act of December 22, 1944, and the
River and Harbor Act of March 2, 1945, Congress clearly stated that

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it is Federal policy to recognize the interests and rights of the
States in the development of the watersheds within their borders,
and their interests and rights in water utilization and control, in
order to protect to the utmost all the established and potential
uses of the water of the Nation' s rivers. Other examples include
the requirements of the Fish and Wildlife Coordination Act, the
Clean Water Act, the Water Supply Act, the Federal Water Project
Recreation Act, the National Historic Preservation Act of 1966, and
the National Environmental Policy Act. In addition to legislative
requirements, formal and informal agreements with other agencies, as
well as coordination precedents, make coordination a thoroughly
integrated part of the water resources planning and development
process. The Water Resources Council has distributed a Coordination
Directory for Federal agencies.

(2) investigations are conducted so that affected States or
agencies (including A-95 Clearinghouses) are fully included in the
planning process. If differences remain in spite of adequate field
coordination, the Chief of Engineers attempts to resolve such
differences or to arrive at an acceptable working compromise with
affected States or agencies. The Chief of Engineers has not made
recommendations to the Congress over the express disapproval of the
Governor of the State affected. (ER 1105-2-800, ER 1105-2-811)

(3) At the Washington (Departmental) level, coordination is
accomplished by the Chief of Engineers through the transmittal of
his proposed report, including the Environmental Impact Statement,
to the affected States and Federal Departments for their review and
comments. The letters expressing the views of the Federal, State,
and local agencies are included in the study reports and are
transmitted to the Congress along with the report of the Chief of
Engineers.

(4) The responsibility for the accomplishment of a Corps of
Engineers planning study is vested in the Corps. Accordingly, the
Corps must assume full responsibility for the conduct of the various
study components, overall plan formulation, assessment, and
evaluation, conclusions, and recommendations. Sound, efficient
study management and conduct requires full coordination with
interested agencies as well as the participation of agencies having
appropriate expertise when such agencies also have the capability
and willingness to perform. Thus, active participation in the form
of advice and assistance, as distinct from routine coordination, is
sought from other agencies for those study components or features
for which such agencies have an expertise. (ER 1105-2-8)

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5-4. Identification and Administration of Cultural Resources. The
Reservoir Salvage Act of 19609 P.L. 86-523, as amended provides
Federal agencies the authority to expend up to one percent of the
amount authorized to be appropriated for the project to conduct
cultural resource surveys and follow-on activities. Primary
emphasis is to provide for these activities prior to completion of
project construction. However, where need for such activities may
occur during the operation and maintenance of the project by the
Federal government, it will be undertaken. Costs for cultural
resource surveys, data recovery, or other mitigation, analysis, and
publication are non-reimbursable to the one percent limit. If
additional funds are required added authorization from Congress is
necessary. The consideration of the effects of projects on cultural
resources is initiated in pre-authorization studies. Studies are
coordinated with the Heritage Conservation and Recreation Service;
the Advisory Council on Historic Preservation; and the appropriate
State Historic Preservation Officer. (ER 1105-2-460)

5-5. Consideration of Aesthetic Values. In planning, constructing
and operating water resource developments, the Corps gives
consideration to the aesthetic consequences of its recommendations
and actions. Provisions are made for minimizing those
consequences. Normally, the Corps confines itself to mitigation
measures. Inclusion of measures to enhance aesthetic values
requires advance approval of the Director of Civil Works. (ER
1165-2-2)

5-6. Water Quality Considerations.

a. General. The Federal Water Pollution Control Act of 1972
(FWPCA) as amended by the Clean Water Act of 1977 (CWA) established
two Federal permit programs. Section 402 established the National
Pollutant Discharge Elimination System (NPDES) which is
transferrable to the States, to regulate the discharge of
pollutants, in general, into water. Section 404 established a
Federal permit program, administered by the Corps of Engineers, to
regulate the discharge of dredged or fill material into water.
Under the provisions of the CWA, part of this program may be
transferred, by EPA, to the States. Once the State assumes
responsibility to administer the program the Corps of Engineers must
obtain a permit from the State to discharge dredged or fill
materials. Section 401 requires applicants for Federal permits to
discharge pollutants (including dredged and fill materials) to
obtain a State water quality certificate. In accordance with
Section 404(r) State permits or certifications may not be required
if certain conditions, described below, are met.

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b. Federal Projects. Federal water resource projects may not
discharge dredged or fill material, not exempted by Section
404(f)(1), unless one of the two following conditions is met:

(1) In accordance with Section 404(r), information on the
effects of the discharge of dredged or fill material into waters of
the United States, including consideration of the Section 404(b)(1)
Guidelines (40 CFR 230) is included in an EIS on the project, and
the EIS is submitted to Congress before the actual discharge and
prior to either authorization of the project or an appropriation of
funds for construction. This procedure would exempt the discharge
from regulation under Sections 301, 402 and 404 and is applicable
only to projects specifically authorized by Act of Congress.

(2) The District Engineer obtains from the State a water
quality certificate pursuant to Section 401(a)(1), or a Section 404
permit as appropriate.

c. Evaluations. The effects of the discharge of dredged or
fill material into the waters of the United States is evaluated in
accordance with Section 404(b)(1) Guidelines (40 CFR 230) and
determinations and findings are made in accordance with those
guidelines. If this evaluation was completed prior to 27 December
1977, no further action is taken to meet the requirements of Section
404 unless the location or method of discharge changes.

d. Application to Specifically Authorized Projects.

(1) Survey Reports. When the evaluation of the discharge of
dredged and fill material into waters of the United States,
including consideration of the Section 404(b)(1) Guidelines, has
been completed information on the effects of the discharge is
included in the report, and the EIS summary. These documents
clearly state that the EIS contains information on the effects of
the discharge of dredged (or fill) material, including consideration
of the Section 404(b)(1) Guidelines, for submittal to Congress under
the provisions of Section 404(r). When the evaluation has not been
completed, the report and EIS summary state that the evaluation has
not been completed and that the EIS does not include information
required by Section 404(r). Phase I reports submitted to Congress
under the two-phase authorization procedure are treated as survey
reports for Section 404 purposes.

(2) Authorized Projects. If a Section 404 evaluation was
completed prior to 27 December 1977, no further actions to comply
with Section 404 is taken unless the location or method of discharge
changes. For other projects an exemption under Section 404(r) is

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sought by submitting an EIS or EIS supplement to Congress, (unless
the project was exempted through the authorization process, falls
under a Section 404(e) general permit, or was exempted under Section
404(f)). This action exempts the discharge from regulation under
Sections 301, 402 and 404, unless the location or method of
discharge changes. However, only the discharge of dredged or fill
material is exempted from the requirements of Section 402; other
elements of the-project that may involve discharges of pollutants
into water during construction and operation are not exempted. For
projects not requiring preparation of an EIS, authorized under the
authority of Section 201 of Public Law 89-298, as amended, and
projects or elements of projects in which District Engineers have
requested completion funds in FY 1979 or prior, permits or water
quality certificates are requested from the State.

e. Application to Projects Not Specifically Authorized by the
Congress. Required State certification and permits are obtained for
all projects authorized under the authority of.Section 201 of Public
Law 89-298, as amended, and the Continuing Authorities Program (ER
1105-2-50) and emergency activities (ER 500-1-1).

5-7. Plan Selection. The planning process provides the basis for
selecting one of the detailed plans and, if appropriate,
recommending it for authorization. The selected plan is the one
that is in the best public interest regardless of whether or not it
is within the existing general authority of the Corps to implement.
Plans recommended for Corps implementation must meet two basic
criteria: the net benefits rule; and Corps authority to implement
(ER 1105-2-200). Measures recommended for Corps implementation as
EQ improvements must take advantage of opportunities created or
related to the basic project.

5-8. Procedure for Determining Economic Feasibility. The purpose
of the evaluation procedure is to obtain an estimate of those costs
of a project which can be compared with the estimated benefits to
determine whether the project is justified economically. Evaluation
involves determining the beneficial and adverse effects of each
alternative plan. On 24 May 1979 WRC published a Manual of A /
Procedures for Evaluating Benefits anoss of Feder
Resources Projects in the Feeral Register for comment. Upon final
publicati6n, the WR- p--roceures will supersede those discussed below
and in Chapters 1llto 20, as appropriate. The manual will apply to
all projects except tiaose-for-whi-ch funds have been appropriated-by
the Congress for construction and for those budgeted by the
President in the FY 80 budget. The S/A may also exempt projects for
which planning is complete or will be complete by the end of FY 80

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or specific additional planning may be ordered which is less than
full application. In the interim, the following techniques are
utilized as a component of the evaluation activity to refine and
optimize project contributions to national economic efficiency while
maintaining the quality of the environment.

a. Cost-Estimating Procedure. Estimation of project costs for
comparison with benefits involves determining the cost necessary to
establish and operate the project; and incorporating this with other
amounts such as loss of land yield from otherwise higher uses and
interest during construction, into an estimated economic cost.
Taken into account are the period the costs are to be incurred,
interest charges, amortization of investments during the specified
period, and similar factors. The estimated economic cost is
expressed in equivalent average annual terms to permit direct
comparison with estimated benefits similarly expressed.

(1) Economic Expenditures. The first cost of a project
includes:

(a) The expenditure, subsequent to the authorization of the
project, of labor, materials, and-equipment necessary to design and
construct the project, including those needed to minimize or
eliminate adverse economic, social and environmental effects
required by Section 122 of the 1970 Rivers Harbor Act (para 5-8a(4)).

(b) The costs of land and rights-of-way on which the project is
located or which are required for its construction and operation.

(c) The compensation for damages, relocations of structures and
facilities, any remedial measures, and all other adjustments
expected to be made in connection with the project.

(d) The cost and benefits of highway betterments or improved
housing standards, provided in response to P.L. 91-646, are not
included in the project benefit-cost ratio. (ER 1165-2-117)

(2) Acquisition. In the case of acquisition of lands and
rights-of-way, damages, relocations, and similar items, estimates of
first cost are based on the extent of liability of the constructing
agency as indicated by--past action of the courts and of Congress.
This practice excludes allowances for "consequential" damages,
although unforeseen circumstances may cause these to occur. Current
sales values in the locality concerned are used as the basis for
monetary estimates of cost of land and property to be acquired.

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(3) Interest, Amortization, Replacement, Operation and
Maintenance. An estimate is made of the period the project will be
needed for the intended purposes. Even though a project might be
needed indefinitely or for a very long period, for the purpose of
economic analysis the estimated useful economic life is limited to
50 years except for large multiple purpose reservoirs, major
long-term urban flood protection and main-line agricultural levees
and hurricane protection which may estimate up to 100 years project
life. The computation of an annual charge includes interest and
amortization of the investment, cost of maintenance and operation,
and replacements during project life. The maintenance, operation,
and administration of a project includes all costs (other than those
accounted for as investment costs) which are expected to be incurred
during the assumed useful economic life of the project in order to
utilize it for the intended purposes. Also included are the
estimated costs of the major, as well as minor, replacements of
portions of the project which are expected to have useful physical
lives less than the assumed economic life of the total project.
(ER 1105-2-250)

(4) Non-Monetary Costs. In addition to the costs just
described there are also costs which are not necessarily accounted
for in the monetary evaluation. These costs include adverse
environmental and social effects such as detrimental effects on fish
and wildlife, loss of scenic or historic values of land or property
acquired for the project, the loss of accumulated "goodwill" or
"established market values" involved when a business enterprise must
move to a new location, and other consequential damages. Section
122 of the 1970 Rivers and Harbors Act requires that adverse
economic, environmental and social impacts of plans and projects be
considered in project evaluation. Specifically, projects should be
developed to eliminate or minimize possible adverse economic, social
and environmental effects, among which are the following:

(a) air, noise and water pollution;

(b) destruction or disruption of man-made and natural
resources; aesthetic values, community cohesion, and the
availability of public facilities and--services;

(d) injurious displacement of people, businesses, and farms; and

(e) disruption of desirable community and regional growth.

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28 Sep 79

(5) Adverse Effects and Associated Costs. Associated costs are
costs other than those involved directly in establishing,
maintaining, and operating the project, but necessary for
realization of certain benefits of the project. Associated costs
(detriments) may be deducted from the benefit estimates, except for
those cases where mitigation measures add to the first cost of the
project. The costs of a project are confined to the estimated
expenditure of goods, services and intangibles to establish,
maintain and operate the project. Costs include expenses incurred
to mitigate against damages or detriments of a primary nature
resulting from a project. An example is fish and wildlife
mitigation. It is not required that all adverse effects must be
directly mitigated. A deduction against benefits is made in
appropriate circumstances. (ER 1105-2-129; EM 1120-2-101; EM
1110-2-38; EM 1120-2-104)

b. Benefit Estimating Procedures.

(1) Direct Outputs. The first step in the evaluation of
project benefits is to determine the physical output of the project
(e.g., acre feet of water, surface acres of recreation pool, feet of
reduction of flood stage, etc.) The objective of primary economic
benefit analysis is to determine increases, net of associated or
induced cost, in the value of goods and services which result from
conditions with the project, as compared with conditions without the
project.

(2) Market. Where the market is considered reasonably adequate
and competitive, the value of outputs is based on probable exchange
values that are determined by supply and demand factors, and
expressed in monetary terms by means of price, at the time of
project construction. Where project output is substantial and is
expected to influence market prices, a price midway between that
expected with and without the plan may be used to estimate the total
value. The appropriate market value for certain principal
agricultural commodities is specified by the Water Resources Council.

(3) Non-Market. In the absence of an adequate competitive
market, the expected costs of production by the most likely
alternative source that would be utilized in the absence of the
project may serve as a basis for measuring the value of goods and
services. Recreation benefits are based on simulated market values.

(4) Unemployed or underemployed labor resources. These
benefits are conceptually an adjustment to the cost of the project,
because there is no economic cost associated with the use of an
otherwise unemployed resource. Benefits are limited to payments to

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28 Sep 79

unemployed and underemployed labor resources directly employed in
the construction and installation of the plan. (ER-.1105-2-354)

(5) External Economies. in national income evaluation the
Corps does not normally attempt to place monetary values on the more
extended benefits of a project such as stimulation of business
activity, effects of business activity and effects of increased
agricultural activity beyond the farm. The rationale is that
similar effects would likely result from some other use of the goods
and services necessary for the project. However, the proposed WRC
manual may require such evaluations.

(6) Non-Monetary or Intangible Benefits. These are benefits
that have value in satisfying human needs or desires, but Are not
fully measurable in monetary terms. They are evaluated and
presented in qualitative form in the system of accounts.
(ER 1105-2-921)

c.. Comparison of Benefits and Costs.

(1) Benefit-Cost Analysis and Ratio. The ratio of benefits to
costs, for any proposed undertaking, is one approximate indicator of
its efficiency. It serves a purpose similar to the return on
investment used in private business when expansion of facilities is
cnep lae. Costs and damages can be determined in monetary units
and are usually computed at present-worth values and then amortized
over the period of analysis. Benefits may be either tangible
(capable of expression in dollar terms) or intangible (not capable
of expression in dollar terms). Tangible benefits, as they are
expected to occur, are brought back to present worth by a given
interest rate and then amortized to obtain average annual benefits.
The ratio derived from dividing average annual benefits by average
annual costs is called the benefit-cost ratio. The benefit-cost
ratio and net benefits are indicators of project worth. Projects
are seldom authorized unless the B/C ratio exceeds unity.

(2) Interest and Discount Rate. The interest rate for
discounting future benefits and computing costs, or otherwise
converting benefits and costs to a common time basis, is specified
annually by the Water Resources Council. Under the existing formula
it represents the average yield during the preceding fiscal year on
interest-bearing marketable securities of the United States which,
at the time the computation is made, have terms of 15 years or more
to maturity. The rate may not be raised or l-owered more than one
quarter of I percent for any year. The computation is made as of
October I each year by the Treasury Department and the rate thus
computed is used during the succeeding 12 months. Present policy for

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projects which have received appropriations for construction is that
the interest rates used to prepare the supporting economic data
presented to Congress-in justification of the initial appropriation
of construction funds (including land acquisition) will be retained
in making subsequent evaluations. This is a long standing
administrative policy not to be confused with the statutoryA
"grandfather" clause in Section 80 of 1974 WRDA. Section 80 freezes
the interest rates at the rate in effect immediately prior to 24
December 1968 for projects authorized prior to 3 January 1969
provided satisfactory assurances of local cooperation were received
by 31 December 1969. The administrative policy agrees with the
intent and purpose of the grandfather provision of Section 80. It
recognizes that local interests may have undertaken financial
arrangements or other actions in anticipation of the project. The
appropriation of construction funds implies a commitment and raises
a strong and reasonable expectation that the project will be built.
If after initiation of construction, reformulation studies indicate
that another alternative solution to the basic problem is desirable,
the current discount rate is applicable to the new solution.
Partial reformulation to consider adding a new purpose or expanding
an existing purpose, to a project under construction, would also use
the current discount rate. An exception would be the addition of
fish and wildlife mitigation to an authorized project, for which it
is permissable to use the discount rate applicable to the authorizedW
project. Reimbursement rates are based upon the computed rates
except for water supply, recreation and irrigation rates are
specified by legislation.

d. Project Optimization. This is the process through which
tangible and intangible attributes are traded-off to determine the
most favorable condition for carrying out an alternative.
Optimization results in the most effective physical, economic,
social, and environmental mix that the project can achieve. The
process involves determining the'level of resource use that best
satisfies all constraints while maximizing net benefits and assuring
efficient project operation.

(1) Project benefits and cost are refined during each iterative
stage of planning and quantified in comparable terms to the fullest
extent possible. This is to determine the level of resource
development i.e., scale, timing and functional distribution at whic~h
net tangible benefits will be maximized.

(2) Intangible benefits and costs are determined by a thorough
analysis of all significant impacts. These social and environmental
beneficial and adverse effects are described in quantitative or
qualitative terms, as appropriate.

EP 1165-2-1
28 Sep 79

(3) Determination of the beneficial or adverse nature of each
impact provides the basis for trading off. Tangible and intangible
costs and benefits are compared and combined in the context of
societal preferences in such a way that optimum project solutions to
meet the objectives are achieved.

(4) The result of this procedure is an array of projects that
have been fully optimized to meet the planning objectives and
constraints of the study.

5-9. Indian Lands. Acquisition of Indian Tribal Lands, which have
been set aside by treaty, may be acquired by eminent domain only
where there is a clear expression of Congressional intent to
abrogate or modify the treaty. Project authorization reports must
clearly identify Indian Tribal Lands to be acquired to insure that
sufficient Congressional authority is given.

5-10. Cost Allocation.

a. Objective. The objective of the cost allocation is to
divide the project costs among the purposes served so that all
purposes share equitably in the savings realized from the
multipurpose construction. In order to obtain an equitable
distribution, the costs are distributed so that the allocated share
of the costs to any purpose does not exceed its benefits and that
each purpose will carry at least its separable cost.

b. Legislation. There is no uniform cost allocation method
established by law. For the hydropower function, Section 5 of the
1944 Flood Control Act established the policy that power costs
should be repaid through revenues. The continuous broadening of the
scope of Federal resource projects has introduced additional needs
for cost allocations. Existing law does not assign responsibility
to any one agency for making allocations of cost, except for a few
projects covered by specific legislation. Thus, the agency
responsible for planning, constructing, operating, and maintaining
the project is assumed to be responsible for the cost allocation.

c.- Administrative Procedures. An inter-agency agreement, 12
March 1954, among the Departments of Army and Interior and the
Federal Power Commission recognized three methods of allocation as
acceptable. These were the Separable Costs - Remaining Benefits,
the Alternative Justifiable Expenditure, and the Use of Facilities
methods. This agreement and subsequent understanding standardized
major principles and practices for allocations.

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28 Sep 79

d. Principles and Methods of Allocation. Selection of the
method to use in each case, except where specified by legislation,
must be based on informed judgment. For this reason, it is
considered undesirable to set rigid rules for assigning project
costs among project purposes. Although there are exceptions, the
Corps considers the Separable Costs-Remaining Benefits (SCRB) method
as preferable for general application. In most instances this
method provides an equitable distribution of total project cost
among the different project purposes.

(1) The objectives of the SCRB method of cost allocation are:

(a) To allocate to each project purpose all costs associated
with inclusion of that purpose in the project. This amount,
referred to as incremental or separable cost, is the minimum that
would be allocated to the included purpose.

(b) To allocate costs in such a way that costs allocated to a
purpose do not exceed the benefits associated with inclusion of that
purpose or the costs of the most economical alternative way of
providing equivalent benefits. This amount would be the maximum
that would be allocated to the included purpose.

(c) To distribute joint (or common) costs among all project *
purposes in such a way that each purpose shares equitably in the
advantages of multiple-purpose development as compared with
alternative single-purpose developments.

(2) While the procedure is complex, the principle is simple.
All project costs are distributed among the purposes on the basis of
the alternative costs that could justifiably be incurred to achieve
equivalent benefits by alternative means. The costs used in an
allocation include investment costs and operation, maintenance and
replacement costs, all reduced to a common time basis. These costs
may be expressed either as a present worth amount or an average
annual amount. For allocation purposes, costs and benefits are
presented as average annual equivalents.

(3) Although the above principles and methods followed by the
Corps in allocations have been developed largely in connection with
the determination of power costs, allocations are also necessary
where other reimbursable functions such as water supply and
irrigation are involved. Also, a cost allocation is required if the
project includes future water supply and/or recreation to determine
if the costs assigned to these purposes are within legal and
administration limitations. Essentially the same principles and
standards apply for these other purposes. (EM 1160-2-101)

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28 Sep 79

5-li. Cost Sharing and Repayment.

a. General. Apportionment of project costs is the division or
sharing of project costs among the various users, interests and
agencies that will pay for the project. The cost allocated to
specific project purposes are shared generally in accordance with
pertinent Federal laws and the principles and policies discussed
below and subsequent Chapters. Pre-authorization survey reports
discuss the extent of local cooperation proposed or required and the
ability of non-Federal entities to meet such requirements. In the
preauthorization stage, a letter will be obtained from the Governor
of the State involved, or a letter of intent, a resolution, or
similar statement by a properly authorized non-Federal public agency
stating its ability and willingness to cooperate. In post-
authorization planning, a formal local cooperation agreement or
contract is required pursuant to.Sec. 221 of the FCA of 1970 as a
prerequisite to initiating construction. In accordance with law,
authorizations for local flood protection projects expire, if
satisfactory assurances of cooperation are not provided by
responsible non-Federal entities, within 5 years after being
requested by the District Engineer. The amount of the local
(non-Federal) cooperation involved, both monetary and non~-monetary,
is dependent upon the nature of the project under consideration and
the general and specific laws pertinent thereto. Cost sharing for
EQ improvements not established by law or administrative policy is
proposed based mon the closest analogous Federal program.
Traditional cost sharing for project purposes which are established
by law or Federal policies are summarized in 'Table 5-1.

b. President's Cost Sharing Policy. On 6 June 1978, the
President announced to-Congress a series of water policy
initiatives. One of these initiatives pertained to cost sharing.
With respect to this issue, on 16 May 1979 draft legislation for
changing cost sharing for water projects was summitted to Congress.
The draft legislation had two parts and would apply to all projects
not yet authorized by law.

(1) Require that States provide a legally binding commitment to
contribute a 10% cash share of the construction costs associated
with vendible outputs and 5% of the costs of other project purposes
of water projects within their borders. Construction costs are all
costs apportioned to the Federal and non-Federal interests for
implementation of the Federal project. These costs are exclusive of
non-Federal costs which will be incurred as a result of the Federal
project but which are not considered part of the Federal project.
Vendible outputs are defined as water supply, irrigation, power, and
other benefits of projects for which the Federal government receives

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28 Sep 79

revenues from project beneficiaries under present policies. The
States' cash contribution is to be paid concurrently and
proportionately with the Federal'contract obligation for project
construction and is in addition to any contribution now required of
project sponsors or beneficiaries. There would be a cap on State -
participation per project per year of 1/4 of 1% of the State's
general revenues. Revenues from vendible outputs would be shared
between the Federal government and the States in proportion to their
respective investments.

(2), The modification of existing cost sharing rules so as to
require, in addition to the above project financing requirements, a
standard 20% non-Federal contribution for structural and
non-structural Federal flood damage reduction measures. This
requirement applies to all Federal agencies which provide flood
protection benefits as project purposes. The 20% contribution can
include any combination of cash or in-kind contribution and can be
made prior to initiation of construction or in 10 annual
installments.4

Pending enactment of legislation, reporting officers include cost
sharing in accordance with the President's policy in authorization
reports to Congress. Cost sharing for project purposes in
accordance with the President's policy are show in Table 5-2. @
Proposals which are not specifically authorized by Congress are
proposed in accordance with existing general legislation. A
separate cost sharing statement for each resource activity is
presented in Chapters 11 through 20. (EM 1120-2-101)

c. Principles and Objectives of Cost Sharing. A fundamental
objective of the Congress in authorizing Federal participation in
resource development and preservation of environmental quality is to
insure that such action makes an optimum contribution to the public
good. At the same time, Congress seeks to maintain a reasonable
balance between the responsibilities assumed by the Federal
Government and those left with the States and other non-Federal
entities. A planning agency, accordingly, must carefully consider
all available specific indications in law as well as those principles
and policies defined by Congress. As reflected in existing Federal
water resources legislation, Congress has established generally'that
the Federal Government:

(1) Should undertake only those activities which local levels
of government or private enterprise cannot do as readily or as well
from the standpoint of the national interest;

5-22

TABLE 5-1 EP 1165-2-1

TRADITIONAL COST-SHARING 2 Sep 79
IN WATER RESOURCES PROJECTS

CONSTRUCTION COSTS LANDS, EASEMENTS,
PARTICIPATION (1) RIGHTS-OF-WAY, AND OPERATION AND
RELOCATIONS MAINTENANCE
PROJECT PURPOSE FEDERAL NON-FEDERAL

NAVIGATION
Commnercial - General Navigation Facilities 100% 0 Non-Federal Federal
Recreation - General Navigation Facilities 50% 50% Non-Federal Federal

FLOOD CONTROL
Major Reservoirs 100% 0 Federal Federal
Local Protection - Structural 100% 0 Non-Federal (2) Non-Federal
Local Protection - Non-structural 80% 20% (3) Federal (11)deral
Small Reservoirs in lieu of Local Protection 100% 0 Non-Federal (2) Non-Federal
Major Drainage 50% 50% (3) Non-Federal (2)(3) Non-Federal

BEACH EROSION CONTROL
Federally Owned Shores 100) . 0 Federal Federal
Publicly Owned Shores (Non-Federal) 50% _0% Non-Federal Non-Federal (5)
Private Shores-Publicly Used 50% (4) -Y- Non-Pederal Non-Federal (5)
Private Shores-Non-Public Use 0 100% Non-Federal Non-Federal
PublicShore Pafks(Nonii-ederal) 70% 302 Non-Federal Non-Federal (5)

HURRICANE FLOOD PROTECTION
Single Purpose 702 30% (3) Non-Federal (7) Non-Federal
Combined with Beach Erosion 70% (6) 30% Non-Federal Non-Federal

HYDROELECTRIC POWER 100% Repay (8) Non-Federal

WATER SUPPLY 100% Repay (8) Non-Federal

IRRIGATION (Storage) 50% 50% (8) Non-Federal

RECREATION AND RECREATION FISH AND WILDLIFE
Reservoir Projects - Separable Costs 50% 50% (8) Non-Federal
Reservoir Projects - Joint Costs 100% 0 Federal Federal
Non-Reservoir Projects 50% 50% (3) Non-Federal Non-Federal

ENHANCEMENT OF FISH AND WILDLIFE AND
ANADROMOUS FISH (RESOURCE ENHANCEMENT)
Separable Costs 75% 25% (8) Non-Federal
Joint Costs 100% 0 Federal Federal Federal
Anadromous Fish - Federal Program 100% 0 Federal Federal (9)
Anadromous Fish - Other 75% 25% (8) Non-Federal

ENHANCEMENT OF COMMERCIAL FISH
(excluding anadromous fish) 100% 0 Federal Federal

MITIGATION OF PROJECT-CAUSED DAMAGES
(including fish & wildlife damages) (10) (10) (10) (10)

AQUATIC PLANT CONTROL
Research, Planning, Evaluation 100X% 0 NA NA
Control 70% 30% NA 70% Federa' -
30% Non-Federal

(1) Construction costs include post-authorization engineering and design and interest costs during
construction. It does not include costs of lands.

(2) Local cooperation requirements based on Section 3 of the 1936 Flood Control Act, as amended, consist of
providing lands, a ents, rights-of-vay; hold and save the United States free from damages; maintain and
operate the project after completion. In addition, it is policy to require a local cash contribution in
windfall land enhancement cases to equal 50 percent of total project costs allocated to land enhancement
benefits.

(3) Costs for determination of local share include costs of lands, easements, rights-of-way, and
relocations. This results in a required local cash contribution for some projects.

(4) The 50 percent Federal participation is multipled by the ratio of public benefits to total benefits
along the subject private shores. The local share includes the costs allocable to private benefits.

(5) Periodic beach nourishment (sand replacement) is defined in law as construction and eligible for
Federal participation for the period specified in project document.

(6) The Flood Control Act of 1970 provides discretionary authority to Chief of Engineers and Secretary of
the Army for 70 percent Federal participation of construction cost (exclusive of land costs) of shore pro-
jects which include hurricane protection as well as beach erosion control.

(7) Credited toward minimum 30 percent non-Federal share of total investment costs.

(8) Costs are allocated to the project purposes and shared on the same basis as construction costs for each
purpose.

(9) Maintenance by Federal agency other than Corps of Engineers.

(10) Cost sharing is the same as for the purposes causing the damages (causative purposes). The entire
costs of mitigation including construction, lands required for mitigation, and computed present worth of
future operation and maintenance are ar cost shared on the same basis as for the purpose causing the damage.
Responsibility for actual performance of &6M is normally assigned to non-Federal interests.

(11) ands, easement, rights-of-way, and relocations are shared on the e ba as thea construction costs.

NA - Not applicable

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EP 1165-2-1

28~~~~~~~~~~~SOSR STAe p LADAEMNS
28 Sep 79 TABLE 5-2

PRESIDENT'S COST SHARING POLICY

SPONSOR'S STATE LANDS, EASEMENTS,
CONSTRUCTION COST FINANCING RIGHTS-OF-WAY, AND OPERATION AND
PARTICIPATION (1) CONTRIBUTION (11) RELOCATIONS MAINTENANCE
PROJECT PURPOSE -

NAVIGATION
Commercial - General Navigation 0 5% Non-Federal Federal
Facilities
Recreation - General Navigation 50% 5% Non-Federal Federal
Facilities

FLOOD CONTROL
Major Reservoirs 20% (2) 5% (10) Federal
All Others 20% (2) 5% (10) Non-Federal

BEACH EROSION CONTROL
Federal Shores 0 5% Federal Federal
Public Shores (Non-Federal) 50% 5% Non-Federal Non-Federal (4)
Private Shores - Publically Used 50% (3) 5% Non-Federal Non-Federal (4) ]
Public Shores - Parks (Non-Federal) 30% 5% Non-Federal Non-Federal (4)

HURRICANE FLOOD PROTECTION 20% (2) 5% (10) Non-Federal

HYDROELECTRIC POWER (5) 10% (6) Non-Federal

WATER SUPPLY (5) 10% (6) Non-Federal ]

IRRIGATION (Storage) 50% 10% (6) Non-Federal

RECREATION AND RECREATION
FISH AND WILDLIFE
Reservoir Projects - Separable Costs 50% 5% (6) Non-Federal
Reservoir Projects - Joint Costs - 5% (6) Federal
Non-reservoir Projects 50% (7) 5% Non-Federal Non-Federal

ENHANCEMENT OF FISH AND WILDLIFE
AND ANADROMOUS FISH (RESOURCE)
ENHANCEMENT)
Separable Costs 50% 5% (6) Non-Federal
Joint Costs - 5% (6) Federal
Anadromoua Fish - Federal Program - 5% Federal Federal (9)
Anadromous Fish - Other 25% 5% (6) Non-Federal

ENHANCEMENT OF COMMERCIAL FISH
COMMERCIAL FISHERIES
(excluding anadromous fish) - 5% Federal Federal

MITIGATION OF PROJECT - (CAUSED
DAMAGES (S) (8) (6) (8)

AQUATIC PLANT CONTROL 30X 5X NA 70% Fed - 30% Local
(1) Construction costs include post-authorization engineering and design and interest during construction. It does
not include costs of lands.

(2) May be cash,in-kind, or monetary contributions over time.

(3) The 50 percent sponsor participation is increased by 50X multiplied by the ratio of private benefits to total
benefits along the subject private shores.

(4) Periodic beach nourishment (sand replacement) is defined in law as construction and eligible for Federal
participation for the period specified in project document.

(5) Cost are repayed by users or project sponsor.

(6) Costs are allocated to the project purposes and shared on the same basis as construction costs for each purpose.,

(7) Costs for determination of local share include costs of lands, easements, rights-of-way, and relocations. This
results in a required local cash contribution for some projects.

(8) Cost sharing is the same as for the causative purposes,

(9) Maintenance by Federal agency other then Corps of Engineers.

(10) Lands, easement, rights-of-way, and relocations are shared on the same basis as the construction costs. The
project sponsor may contribute these as part of their share.

(11) Based on the first cost of construction which include all costs for implementation of the project. These costs
are exclusive of non-Federal costs incurred as a result of the Federel project but not considered part of the Federal
project,

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(2) May bear a part of the costs of projects and programs that
benefit the Nation as a whole, or are deemed necessary to protect
the interest of future generations, particularly in those fields in
which profit-making organizations do not operate;

(3) Should provide for mitigation of any damaging effects of
Federal projects, or carry out measures to compensate for such
effects;

(4) May, where special circumstances make such action necessary
or desirable in the national interest, provide services which
normally would be provided by private enterprise or non-Federal
public entities. (Examples are when long-range financial returns
are not sufficiently attractive in the short-range view of private
enterprise; or when costs are included for purposes not readily
marketable; or when problems of comprehensive and coordinated
development cannot be readily resolved below the Federal level);

(5) May construct certain works for which local interests will
be willing to pay, or may provide subsidies, as by permitting
repayment at low Federal interest rates;

(6) May develop comprehensive plans embracing even those
purposes for which a high degree of responsibility remains with
non-Federal entities;

(7) Should not consider all purposes to warrant equal or
maximum Federal participation.

The costs of establishing and maintaining resource programs must
be borne, in one way or another, by the primary beneficiaries,
secondary beneficiaries, State or other non-Federal public entities,
or the Nation. (ER 1165-2-1).

d. Formulas, Legislative, and Administrative Rules. The costs
of water resources projects under the jurisdiction of the Corps of
Engineers are shared between Federal and non-Federal interests in
accord with: (1) the provisions of general river and harbor, flood
control, and other laws; (2) the specific requirements of acts
authorizing the projects in some cases; and (3) administrative
instructions issued by the Office of Management and Budget or the
Water Resources Council, or approval thereby of specific proposals
by the Secretary of the Army in interpretation of general law or
discretionary authority, where the rules for cost sharing in
particular cases are not specified by law. Legislative
authorizations have defined general rules for cost sharing, (such
as, the "a-b-c" policy of Section 3 of the 1936 Flood Control Act as

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28 Sep 79

amended), or have prescribed percentages of costs required by
non-Federal entities. Some percentage formulas have been devised by
the Corps based on analogous precedents (as in reclamation by
drainage and irrigation), and others by a sense of equity ~(as for
recreational small boat harbors).; The administrative origin of some
rules becomes established policy by Congressional acceptance and
approval of recommendations for projects proposed on such bases.
Arrangements for cost sharing may include one or a combination of
several aspects of the program, such as planning, design,
construction, operation, maintenance and management, or an interest
therein such as provision of advice, data, materials, labor, cash,
or other contributions.

e. Special Beneficiary Situations. Much of current cost
sharing and reimbursement legislation and policy stems from Section
2 of the Act approved 5 June 1920 (33 USC 547) which specified that:

"Every report submitted to Congress in pursuance of any
provisions of law for a survey, in addition to other information
which the Congress has directed shall be given, shall contain a
statement of special or local benefits which will accrue to
localities affected by such improvement and a statement of
general or national benefits, with recommendations as to what
local cooperation should be required, if any, on account of such
special or local benefits."

In addition, the Office of Management and Budget and the General
Accounting Office view the incidence of large benefits to a few
beneficiaries as warranting special scrutiny in determining the
acceptability of proposed conditions of local cooperation. Obvious
special situations of this kind are:

(1) Windfall land enhancement benefits of unconscionable
magnitude accruing to limited- special interests resulting from
reduction of flood hazards;

(2) Special benefits accruing from navigation improvements that
would serve to benefit a single user;

(3) Special savings to land owners in the cost of fill material
or enhancement of land values as a result of disposal of spoil,
excavated from project areas.

These situations will be identified in pre-authorization studies,
and the basis for including or excluding special non-Federal
cooperation therefore succinctly stated in the report and its
recommendations.

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f. Payment. Project costs are sometimes shared by assignment
of specific items of work, such as acquisition of land, provision of
relocations, etc. In some cases, however, cash payments are
required toward first costs, as in local contributions toward small
boat harbor projects, recreational developments, and special
benefits such as windfalls, land fill, and single user cases.
Normally, the payment is in a single lump sum or in annual payments
as construction proceeds. However, in special cases, payment may be
by several installments, or on a long-term repayment contract with
interest. The specific laws and directives for each purpose differ
and must be consulted. The recommended arrangements, and options,
if flexibility is deemed warranted, should be specified in the
authorizing report recommendations. The existence of a responsible
non-Federal entity empowered to cooperate with the Corps of
Engineers is essential. Its establishment is required as a
condition of local cooperation and authorization of a Federal
project. Authorities for advance work by non-Federal entities with
subsequent reimbursement are available and may be considered when
helpful in achieving timely accomplishment of needed actions. Where
lump sum or continuing major repayments are not practicable, as in
sale of power, other arrangements through Federal power marketing
agencies are available. Costs of services, such as at manned boat
launching ramps may be collected as warranted economically. Section
40 of PL 93-251 provides general authority to permit local interests
to make cash contributions in annual payments as construction
proceeds, rather than in a lump sum prior to initiation of
construction.

5-12. Conditions of Local Cooperation. The items of local
cooperation required as administrative policy are specified in
various directives for guidance in the formulation of
recommendations. They attain legal standing for a particular
project when incorporated in report recommendations and later
authorized by Congress or when they are applied under the general
continuing authorities for small projects delegated to the Secretary
of the Army. Legislative language authorizing a project usually
states that the project is authorized in accordance with the
recommendations of the Chief of Engineeirs in a specific document.
Occasionally it may contain provisions specifying the conditions of
local cooperation. It is a general principle that the requirements
specified in the law or document prevail despite any administrative
directives or guidelines that may have been issued previously or
thereafter.

a. General Requirements. Aside from contributions of money,
cooperation required of non-Federal interests may include one or
more of the following:

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28 Sep 79A

(1) Provide without cost to the United States all lands,
easements, right-of-way, and relocations necessary for the
construction, and subsequent operation and maintenance of the
project including suitable areas determined by the Chief of'
Engineers to be required in the general public interest for initial
and subsequent disposal of spoil and necessary retaining dikes,
bulkheads, and embankments therefor, or the costs of such retaining
works. Accomplish without cost to the United States all alterations
and relocations of highway bridges, buildings, streets, storm
drains, utilities, and other structures and improvements. (In some
cases, such contributions may be credited against cash requirements
- see Table 5-1);

(2) Hold and save the United States free from damages due to
the construction works except damages due to the fault or negligence
of the United States or its contractors.

(3) Provide and maintain public terminal and transfer
facilities, recreation navigation service facilities, dredge
berthing and dock areas, alter utilities;

(4) Assume operation and mainternance of certain types of
projects and project facilities;
(5) Regulate use of floodplain areas so as not to degrade or
encroach on project capacities or hinder maintenance and operation;

(6) Pay for betterments not project-related;

b. Other Non-Feideral Participation Requirements. There are
other general but necessary requirements, tailored to individual
circumstances. These may include cash contributions, repayment
requirements, maintaining public use of beaches in beach erosion
control projects, annually informing residents of the limited degree
of flood protection being provided, and preventing the release of
stored water for purposes other than intended.

5-13. Recommendations. The recommendations in a study report are
based upon the study findings and are a concise statement of the
plan or improvements recommended, or of no Federal participation at
this time, as appropriate. When Federal participation isI
recommended, clear, standard wording in simple statement form is
used since it becomes the basis of authorization and is thus, for
all practical purposes, draft legislation. Reliance is placed on a
simple citing of the selected plan presented in the report.
Similarly, citations of Acts bearing on non-Federal participation is
simple and paraphrasing avoided.

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a. Nature of Recommendations. Recommendations for Federal
participation generally consist of two parts. The first is the
authority being sought for the Chief of Engineers to undertake,
modify, and maintain, as appropriate, the cited improvements as
Federal projects or programs, with discretionary authority for
modifications. Second, is the specification of non-Federal
participation in construction, operation, maintenance and the
requirements of non-Federal assurances for other necessary
requirements, such as the prevention of encroachments on flood
control channels. It is not necessary to list all routine
requirements of generally applicable Federal legislation such as
those for pollution control, civil rights, and safety. Where cost
estimates are shown, they will be presented in the context of
estimates for information and not as binding amounts.

b. Changes in Recommendations. The initial recommendations are
those in the basic report, which is usually that of the District
Engineer, and should be consistent with legislative requirements,
precedents, and the policies of the Chief of Engineers. They may be
modified in the subsequent indorsements or covering reports of the
Division, BEER, and the Chief of Engineers. For those reports which
are submitted to the Congress, there may be instances where the
recommendations of the Chief of Engineers are not concurred in by
the Administration (WRC/OMB). In most cases, the Administration
states its reservations or non-concurrences, and indicates that it
has no objection to submission of the report to Congress. In rare
cases, they indicates a desire for a change in recommendations. The
Chief of Engineers, who is responsible for the soundness of the
Corps recommendations, must then determine whether a change is
necessary in his report. Finally, however, the Secretary of the
Army, in his letter transmitting the report to Congress, may make
changes in his recommendations'to conform to administration views.

5-14. Release of Information on Civil Works Investigations and
Reports.

a. Disclosure of Information. It is Corps policy that the
maximum amount of information shall be made available to the
public. Disclosure of information is the rule and withholding of
information is the exception. The Freedom of Information Act
Amendments of 1974 (P. L. 93-502) includes a requirement, among
other provisions, that a decision to release or not to release
records must be made "within ten days" (as defined therein). The
Corps Civil Works function requires preparation of many types of
reports leading to a variety of actions. information must be
gathered and used to permit a thorough analysis, reach sound

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28 Sep 79

conclusions, and make appropriate recommendations. Information
needed includes market and sales information; present and future
commodity movements; plans of expansion and new locations of
industry; operating costs of transportation companies; damage
estimates of real and personal property; and real estate
appraisals. These data are vital to preparation of the Civil Works
reports that lead to recommendations concerning sizeable expendi-
tures of public funds. While in many instances the necessary
information can be obtained only on a privileged "in confidence"
basis, the Corps will endeavor to release sufficient information to
permit public scrutiny of the non-priviledged data supporting the
reports, especially those recommending expenditures of public
funds. Questions as to the propriety of release of data considered
sensitive or priviledged must be identified and forwarded to the
Chief of Engineers, the initial denial authority (IDA), within three
working days following receipt of the request for a determination.
(AR 340-17 and OCE Supplement I to AR 340-17)

b. Collection and-Use of Privileged Data.

(1) Whenever feasible, information will be requested and
obtained in such a manner that it can be released to the public.

(2) Any information or data which has been obtained with the
express understanding it will not be disclosed will be used in a
manner that will protect the privileged nature of that information.

(3) Upon request, the maximum information consistent with the
above will be made available to the public from the Corps Civil
Works records.

c. Releasable Information. The following types of data can be
made available upon request:

(1) Final reports in response to Acts of Congress and
Resolutions of Congressional Committees.

(2) Complete records of public hearings, including transcripts,
correspondence, and information from the public except any requested
to be held in confidence.

(3) Reports of the District and Division Engineers after
issuance of the public notice, or approval of the report by the
Chief of Engineers for Detailed Project Reports and General Design
Memoranda.

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(4) Letters and information to and from the public regarding
any type of Civil Works reports except those containing a statement
that the contents are to be held in confidence.

(5) Material previously published for public use.

(6) Engineer Regulations (ER's) and Engineer Manuals (EM's) on
Civil Works activities.

d. Non-Releasable Information. The following types of
information will not be released by the action officer but must be
forwarded to the IDA for a determination.

(1) Trade secrets, inventions and discoveries, or other
proprietary data. Formulae, designs, drawings, and other technical
data submitted in confidence in connection with research, grants, or
contracts.

(2) Matters specifically exempted from disclosure by statute.

(3) Privileged or commercial and financial information obtained
expressly as confidential (for such time as the person furnishing
the information specifies that it is privileged).

(4) Interagency and intra-agency memorandums and letters which
would not be available by law to a private individual in litigation
with the Department of Defense or any agency of the Department.

(5) Internal letters, memorandums, and other internal
communications within the Civil Works element of the Corps of
Engineers that contain evaluations, opinions, recommendations, or
proposed solutions, and are primarily of a decision-making nature.
These include staff papers containing advice, opinions, suggestions
or recommendations preliminary to decision or action by the Chief of
Engineers and the Department of the Army.

(6) Records, papers and advice exchanged internally in
preparation for administrative settlement of potential litigation.
Evaluation of contractors and their products which constitute
internal recommendations or advice and which involve a significant
measure of judgment on the part of evaluating personnel.

(7) Advance information on such matters as proposed plans to
procure, lease or otherwise hire and dispose of materials, real
estate, facilities, or functions when such information could provide
undue or unfair competitive advantage to private personal interests.

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(8) Design Memoranda for Real Estate, Public Use Plan, Land
Requirements f or Public Use, and Master Plans until final
acquisition of lands covered has been completed.

(9) Data on commodity origins and destinations, tonnages,
costs, etc., if it would identify specific firms or persons and
thereby disclose or reveal other privileged information.

(10) Drafts of reports in the process of preparation presenting
unresolved questions are not released to the public. In particular,
care is taken that reports requiring notification of the Office,
Management and Budget and the Public Works and Appropriations
Committees of Congress are not released prior to completion of such
notifications. This does not preclude necessary coordination with
State, local and Federal agencies who are requested to withhold
public release of such information prior to completion of the
required coordination. Special care is taken to avoid releasing
project proposals which are often changed during the review and
approval process. Premature disclosure of such preliminary
proposals is a disservice to both the public and to the Corps of
Engineers. (AR 340-17; ER 360-2-103; ER 360-2-104)

5-15. Sales of Corps Civil Works Publications and Reports. Public
Law 85-480 authorizes publishing and sale of information pamphlets,
maps, brochures, and other material on river and harbor, flood
control, and other Civil Works Activities, including related public
park and recreation facilities under the jurisdiction of the Chief
of Engineers.

a. One or more gratuitous copies of publications are available
upon request by industry, private organizations, or the general
public provided stocks permit and there are no restrictions on
release, such as inclusion of classified, protected, proprietary, or
copy righted information.

b. Quantities distributed per request will not exceed 50
copies. If production cost of the copies is less than $50, the
quantity limitation does not apply.

c. When considered appropriate, a fee may be charged for the
copies. See AR 37-30 for a schedule of fees and charges.

d. Requests for copies of publications under the Freedom of
Information Act will be processed in accordance with AR 340-17.

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HP 1165-2-1
28 Sep 79

e. Sale price cannot be less than cost of reproduction. The
cost formula authorized by Title 44 of the United States Code for
use by the Superintendent of Documents, Government Printing Office,
is applied. The components of the formula are: Cost of press time,
cost of paper, cost of bindery operations, and a 50% surcharge added
to the total of the first three items. The sale price is obtaining
by dividing the total cost of these components by the number of
publications produced.

f. Procedes received from the sale of publications are
transmitted to the Finance and Accounting Officers f or deposit in
accordance with Chapter 4, ER 37-2-10.

g.Construction drawings and specifications can be sold to
potential contractor bidders. (ER 1180-1-1)

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CHAPTER 6

REOR PRPRTO,PROCESSING AND PROJECT
AUTORIATINDEAUTHORIZATION

6-1. Pre-authorization Reports.

a. Purposes. Planning reports are prepared to document results
of a study. The end result is to make fully supported recommenda-
tions or provide useful planning information for others, in response
to some problem or need. Planning reports show the professional and
personal concern of the reporting officer in serving the public
interest. They note the effort to arrive at the soundest possible
conclusions from the studies, observations, and consultations made
in the investigations. (ER 1105-2-920, ER 1105-2-403)

b. Effects-. Reports aim for effective presentations that
satisfy the purpose for which they were prepared, and generally
enhance the effectiveness of the program. Successful presentations
are achievable through the continuous application of quality
standards and forethought given to report requirements during the
information development phases of studies or other reporting effort.

c. Quality. The quality of overall report presentation is
suggestive of the adequacy of the studies or information involved
and the soundness of any recommendations. Report quality is also a
reflection of the Corps capability and competence. Planning reports
thus collectively influence the water resource program and its
effectiveness. (ER 1105-2-403)

d. Characteristics. The major elements or characteristics of a
report to which effort is directed are its organization, content,
format, and appearance.

(1) Organization involves the arrangement of the main report
and its appendixes containing the technical details and other
supporting information. The main report will document the logic of
the planning process and its conclusions in accordance with the
requirements of the ER 1105-2-200 series. The main report outline
is basically structured in accordance with the four functional
planning tasks: problem identification, formulation of alter-
natives, impact assessment and evaluation. Conclusions derived from
analyses of economic, environmental, social, and engineering

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EP 1165-2-1
28 Sep 79

information will be presented in the main report and will reference
data and more detailed analyses contained in the appendixes. Table
I of the System of Accounts (ER 1105-2-921) is presented in the
conclusions section of the main report. A concise EIS will be a
part of the main report.

(2) The content of the report also involves the length and
level of detail. Such detail will be sufficient to fully support
the essential analyses and conclusions of the study, to support the
recommendations, and to enable reviewers to understand the rationale
for the conclusions and recommendations. This will facilitate
detailed reviews conducted by divisions and the Board of Engineers
for Rivers and Harbors, policy review by higher authority, and
authorization by Congress.

(3) The interrelated report aspects of format and appearance
have a bearing on ease of reading and understanding as well as
report use.

(4) Inadequate attention to format and appearance detracts from
the quality of a study because the visual charateristics of the
report often are an implicit gauge of the quality of the study and
plan. (ER 1105-2-920, ER 1105-2-403)

6-2. Processing and Review of Pre-authorization Reports.
a. Assignment. Investigations of potential water resources
projects by the Corps are authorized in acts or resolutions of
Congress. After the President has signed a Congressional Act
authorizing an investigation, or after the Chief of Engineers has
received formal notification of a committee resolution authorizing
an investigation, the Chief of Engineers normally assigns the task
of report preparation to (1) the Division Engineer who has
jurisdication in the area subject to investigation, who in turn,
.assigns the task to the District Engineer for the location; or (2)
the President, Mississippi River Commission, in the case of
localities under jurisdiction of that commission, who then will
normally assign the task to the District Engineer who has
jurisdiction. (EM 1120-2-101)

b. Division Review. After the report is completed by the
District Engineer, it goes through a series of formal checks or
reviews on project design, analysis, formulation, and presentation.
The first check is the Division review to insure that required
regulations and high standards of professional practice are observed

6-2

a ~~~~~~~~~~~~~~~~~EP 1165-2-1
W ~~~~~~~~~~~~~~~~~~28 Sep 79

in the investigations. The principles and procedures prescribed in
the Engineering Manuals and Regulations are the basis for Division
review. (EM 1120-2-101)

c. Review by the Board of Engineers for Rivers and Harbors
(BERH). Upon completion of review of the report by the Division
En-gineer, copies ate sent to the BERH and the Chief of Engineers.
Public Notice of the conclusions and recommendations in the report
is made by the Division Engineer. Following issuance of the public
-notice interested parties may send their views to BERH for
consideration. Board members other than the Chairman and Resident
Member are Division Engineers who obtain the advice of their own
staff s for use in formulating their respective views as Board
members. The Resident Member's staff of specialists in various
aspects of water resources planning prepares staff analyses for use
by the Board. The Resident Member and the staff consult with
appropriate OCE elements and others (HEC, WES, expert consultants,
etc.) as necessary. Review of the engineering aspects of author-
ization reports are undertaken by OCE and comments are provided to
the Resident Member. The Director, Coastal Engineering Research
Center reviews the engineering aspects of reports involving coastal
works. The Resident Member consults with appropriate OCE elements
regarding other report aspects as required. When the Board
completes its review, views and recommendations to the Chief
Engineers are made public. BEER prepares a proposed report of the
Chief of Engineers. (ER 1105-2-903)

d. Referral to States and other Agencies. The proposed report
of the Chief of Engineers, together with the reports of the District
Engineer, the Division Engineer, the report of the Board, and
other-pertinent papers, are submitted by BERH to the Governors of
affected States and to Federal agencies having general or specific
interest in the investigation, for their review and comment. States
and Federal Agencies that review the proposed report of the Chief of
Engineers may furnish their comments to the Chief of Engineers
within 90 days. (ER 1105-2-903)

e. Submission to the Secretary of the Army. Upon receipt of
the comments of other Federal agencies and the States, the final
report of the Chief of Engineers is prepared for his signature.
This completed report, together with the other pertinent papers is
forwarded in the two packages, one for WRC and one for 0MB, to
ASA(CW) for further processing.

f. Review by WRC. In accordance with EQ 12113 reports will be
furnished to WRC for impartial technical review by the Secretary of
the Army. Proposed rules for this review were published by WRC in

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HP 1165-2-1
28 Sep 79

44 PR 10316 on 16 February 1979. Funds have not yet been provided
for this review.

g. Consideration by Office Management and Budget (0MB).
Reports along with the comments of the other Federal agencies, WRC,
and the states', as well as a copy of the Secretary of the Army's
proposed letter of transmittal to Congress, are furnished to 0MB by
the Office of the Secretary of the Army for determination of the
relationship to the program of the President. (EM 1120-2-101)

h. Submission by the Secretary of the Army. The Secretary of
the Army's letter transmits the report of the Chief of Engineers,
with accompanying papers, to Congress. This constitutes the final
step in the processing of feasibility studies authorized by
Congress. (EN 1120-2-101)

6-3. Authorization of Plans for Improvements. Projects undertaken
under the Civil Works program receive specific authorization by
legislative action of the Congress, except for projects under
certain continuing or special authorities. Upon receipt of a report
in Congress, it is referred to the Senate Environment and Public
Works Committee (SEPWC) and House Public Works and Transportation
Committee (HPWTC). Reports that contain recommendations for
authorization or information which should be made readily available
for future reference are printed as a House or Senate Document and
become the basis for congressional authorization action. Reports
which do not contain recommendations for authorization are usually
not printed but are available to the committees for consideration.
The committees or individual members of Congress may, but rarely do,
introduce a special bill proposing authorization of a particular
project. Normally, the reports are accumulated and Are considered
by the committees for inclusion in an omnibus authorization bill,
usually at 2-year intervals. However, projects of less than $15
million Federal cost may be approved by resolutions of both
Committees.

a. Congressional Hearings. The SEPWC and HPWTC establishes a
schedule of hearings. Each report is discussed at a hearing
scheduled to permit the Corps to present a brief summary of
information and to permit interested members of Congress, other
Federal Agencies, the States and, the public, opportunity to present
their views.

b. Authorization of Projects under $15 million Federal Cost.
Section 201 of Public Law 89-298, as amended, provides a procedure
for authorization of projects with an estimated Federal first cost
of construction of less than $15 million. The decision to recommend

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EP 1165-2-1
28 Sep 79

the application of the Section 201 Authority is made by the
Secretary of the Army. Such recommendation is made in the letter
transmitting the study report to Congress. Use of this authority
will be recommended by the Secretary of the Army only in those cases
where there is little or no controversy and reflects no departure
from established policy. Pending enactment of the President's
proposed cost sharing legislation the Secretary of the Army has
suspended use of this authority. It generally is not used for
smaller projects eligible under other continuing authorities. The
project is authorized upon adoption of approval resolutions by both
the SEPWC and the HPWTC. (ER 1105-2-9)

C. Two- Phase Congressional Authorization. Section I of the
Water Resources Development Act of 1974 (Public Law 93-251)
established a new procedure for authorization of major water
resources development projects of the Corps of Engineers. it
authorized the Secretary of the Army, acting through the Chief of
Engineers, to undertake the Phase I advanced engineering and design
for eighteen specifically named major projects substantially in
accord with the survey report recommendations. Similarly, the Water
Resources Development Act of 1976 (PL 94-587) contained 37 Phase I
authorizations. Eight of those are conditional upon submittal of a
survey report to the Secretary of the Army and notification to
@ ~ ~Congress of the approval of the Chief Engineers. If the Phase I
results in only minor change from the Survey report plan, and the
project is without substantial controversy, the Chief of Engineers,
upon transmittal of his finding to that effect to the Committees is
authorized to continue project planning pending project author-
ization by later action of Congress. Division Engineers may proceed
with Phase II AE&D upon direction of the Chief of Engineers. If
project changes are significant or there is substantial controversy,
further planning must be curtailed pending further action by
Congress. Authorization of construction by Congress would be
provided in a Water Re'sources Development Act. Land acquisition and
commencement of construction must await authorization by Congress.
Phase I studies of this type are termed "Legislative Phase I
Studies" and are a continuation of pre- authorization studies. They
are funded from the General Investigations appropriation category.
As a general policy the Corps does not recommend two-phase
authorization to Congress. Recommendations for a two-phase
authorization require approval of the Director of Civil Works prior
to issuance of the Division Engineer's public notice and are made
only for compelling reasons which include:

(1) Congress previously authorized the Phase I GDM stage of
advance engineering and design for a plan under investigation;

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EP 1165-2-1
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(2) The policy issues involved in a study, or the potential
size of the federal investment in feasible solutions, warrant an
early commitment from the administration and Congress for district
engineer to develop and recommend a plan for implementation.

d. Delegation of Authority to Approve Projects. The Secretary
of the Army has continuing authority to approve certain flood
control, navigation, and shore protection projects with specified
limits on Federal participation per project. In addition, there are
blanket continuous authorities for snagging and clearing work, for
flood control and navigation and emergency bank protection. (ER
1105-2-50)

6-4. Post-Authorization Planning and Engineering Studies. Post-
authorization studies are required for authorized construction
projects, each reconstruction protect, and each rehabilitation
project to establish the most suitable overall plan for
accomplishment of the improvement and to establish the basic design
of the project features. Such studies include an analysis based on
current criteria to either reaffirm the basic planning decisions
made in the general investigations stage (survey report) or to
reformulate the project to be responsive to changed needs since
authorization; provide a basis for updating the environmental
impacts and effects; and provide for coordination of all aspects of Is
the project with the other governmental agencies and local
interests. The results of these studies are presented in reports
identified as "Design Memorandum". Individual projects normally
require, as a minimum, the submission of a Phase I and Phase II
general design memorandum. These may be combined upon approval of
the Chief of Engineers. Initiation and scheduling of post-author-
ization studies depends upon the relative importance of the project,
views of local interests and prospects of fulfillment of terms of
local cooperation, prospective availability of construction funds
and other conditions pertinent to scheduling of the project.

a. Phase I GDM. A Phase I AE&D Study is the planning and
related activities required to update a feasibility report. The
results of a Phase I AE&D study are presented in a Phase I GDM.
This planning document updates the feasibility study information and
data on formulation, evaluation,- costs and their allocation, items
of local cooperation, and public acceptability. The Phase I GDM
provides the Chief of Engineers with the basis for approving, or
requesting OMB or Congressional approval for, proceeding with
detailed engineering and design and may be transmitted to WRC for
review in accordance with EO 12113. Some Phase I GDM's may be
approved by Division Engineers. (ER 1105-2-32)

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b. Phase II report. Detailed technical engineering design is
usually accomplished during Phase II AE&D studies. The Phase II
AE&D report is a functional engineering design document concerned
chiefly with the technical design of the structures necessary to
achieve the objectives selected in Phase I. (ER 1110-2-1150)

c. Feature Design Memoranda. For the more complex projects the
results of post-authorization studies are presented in a series of
design and real estate feature memorandums. (ER 1110-2-1150)

6-5. Project Deauthorization Review Program. Section 12 of Public
Law 93-251 as amended by Section 157, PL 94-587, requires that the
Congress annually be provided a list of unconstructed Corps of
Engineers projects which no longer are considered appropriate for
continued authorization. Congressional criteria for consideration
for deauthorization action are that the project has been authorized
for a period of at least eight years without any Congressional
appropriations within the last eight years. Prior to the submission
of the list to Congress,; the Secretary of the Army, acting through
the Chief of Engineers, shall obtain the views of interested Federal
departments, agencies, and instrumentalities, and of the Governors
of affected states. The concerned members of Congress must also be
notified. This list is delivered to both houses of Congress
simultaneously while in session. A project on the list becomes
deauthorized after 90 calendar days of continuous session unless one
of the Committees on Public Works adopts a resolution stating that
such project shall continue as an authorized project. (ER 1105-2-82)

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CHAPTER 7

PROGRAMMING, BUDGETING AND APPROPRIATIONS

7-1. Budget Preparation.

a. General. The Corps of Engineers' annual budget
recommendation is submitted by the Secretary of the Army (SA) to the
Office of Management and Budget COMB) for review in behalf of the
President. The recommendation is subject to 0MB budget criteria and
goals, and is prepared by the Chief of Engineers in consultation
with the SA after-review and analysis of recommendations of Division
Engineers. Budget submissions are prepared on principles and
requirements outlined in the annual budget guidance and 0MB
circulars. The 0MB frequently places a specific ceiling on the
overall Civil Works budget recomendation.

b. Zero Base Budgeting (ZBB). The Executive Branch of
government now formulates the President's Budget using the concepts
and methods of ZBB. The ZBB concept involves total re-examining of
existing activities (projects, studies, programs) to determine their
validity and necessity. Each activity is rejustified and recosted
each time a budget is prepared. The method involves assigning a
priority ranking in successively increasing levels of performance
and funding, starting from zero.

c. 0MB Passback. 0MB reviews and revises the Corps of
Engineers budget request in accordance with then prevailing
objectives and criteria of the Administration. The Corps of
Engineers budget program is evaluated against other agencies
programs to determine its relative performance in meeting the
Administrations requirements within the overall President's Budget
ceiling. 0MB furnishes through the Secretary of the Army the
overall budget allowances for programs, studies, and projects; and
other guidance as conditions warrant.

d. Congressional Hearings. Following establishment of the
President's Budget, the Corps prepares supporting budget data and
defends the President's approved budget amounts at Hearings before
the House and Senate Appropriations Committees. The position of the
Corps is that of full support for the President's Budget
recommendations. Testifying Officers do not encourage
appropriations in excess of amounts budgeted. Congress reviews and
revises the President's Budget request based on then prevailing
objectives and criteria of the Congress. The Congress has
established a budget process and timetable for completing specific

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activities towards establishing the annual appropriation and revenue
amounts. The Budget and Impoundment Control Act of 1974 (PL 93-344)
establishes these requirements.

e. Capabilities. Corps personnel, in response to specific
questioning, may furnish information to Members of Congress and
other interested parties regarding a fiscal capability to use funds
in the budget year on a particular study or project in excess of the
amount budgeted. Such capabilities are expressed in accord with
formally specified language. Extreme care should be exercised to
avoid capability overstatements. Unrealistic capability estimates
lead to inefficient utilization and the carryover of funds from one
year to the next. In developing capabilities, careful consideration
must be given to: past experience; obtaining anticipated agreements
of local cooperation; accomplishing all needed planning; preparing
and processing environmental impact statements, permits, and other
required reports; and the manpower being devoted to other
activities, including work f or other agencies. (ER 11-2-240)

f. Disclosure of Budgetary Information. All budgetary data,
such as the budget recommendations of the District Engineers, the
Division Engineers, the Chief of Engineers, and the Secretary of the
Army are of a confidential nature. These data are not to be
released outside of the Department of the Army, except in response
to questions of Appropriations Committee members and staff during
official testimony on the President's Budget requests or in written
response to members of Congress, until all hearings on the
President's Budget recommendation by the Appropriations Committees
of Congress have been completed. Then disclosure is only in
response to a written request from a member of Congress to the
Director of Civil Works. The President's Budget amounts are not
disclosed until after the Budget message is presented to the
Congress. In those cases where 0MB releases budget amounts to
Congressional Committees prior to presentation of the budget
message, those amounts may be discussed with members and staff of
those committees only. Budgetary records may be disclosed to the
public, if otherwise appropriate, upon request pursuant to the
Freedom of Information Act following the end of the fiscal year to
which such information pertains. (ER 11-2-240; ER 360-1-1; 0M:B
Circular No. A-10)

7-2. Appropriated Funds.

a. General. It is Corps policy to allocate and use
appropriated funds as nearly as practicable in accordance with the
program presented to the Congress, including possible modifications
by the Congress in its action on the Appropriations Bill.

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Appropriations f or surveys and projects are referred to as those
amounts agreed to by the conferees at the time of passage of the
annual Public Works Appropriations Bills, even though these amounts
are subject to reductions when making final allocations to District
Engineers. The reduction is necessary to distribute and overall
Appropriation Title reduction for "savings and sipg" and other
undistributed reductions applied by Congress to the total of the
individual allowances.

b. Deferral and Rescission Actions Under PL 93-344.

(1) Deferrals. Deferrals are a withholding or delaying the
obligation or expenditure of budget authority provided for projects
or activities. Deferrals also include any other type of Executive
action or inaction which effectively precludes the obligation or
expenditure of budget authority. Whenever the President, the
Director of the Office of Management and Budget, the head of any
department or agency of the United States, or any officer or
employee of the United States proposes to defer any budget authority
provided for a specific purpose or project, the President shall
transmit to the House of Representatives and the Senate a special
messa -e. A deferral may not be proposed for any period of time
extending beyond the end of the fiscal year in which the special
message proposing the deferral is transmitted to the House and the
Senate. Any amount of budget authority proposed to be deferred
shall be made available for obligation if either House of Congress
passes an impoundment resolution disapproving such proposed
deferral. Otherwise, the funds proposed for deferral become
available at the start of the next fiscal year or on the earlier
date specified in the deferral message.

(2) Rescissions. Rescissions are the permanent withdrawal of
appropriated funds because such funds are not required to carry out
the full objectives and scope of the appropriations concerned. A
rescission differs from a deferral in that there is no intent to
ever spend the funds being proposed for rescission. A rescission
message to Congress is required whenever the President determines
that all or part of any budget authority will not be required to
carry out the full objectives or scope of programs for which it is
provided or that such budget authority should be rescinded for
fiscal policy or other reasons (including the termination of
authorized projects or activities for which budget authority has
been provided), or whenever all or part of budget authority provided
for only one fiscal year is to be reserved from obligation for such
fiscal year. The President is required to transmit to both Houses

of Congress a special message.

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c. Transfers. The Appropriations Committees have delegated to
the Chief of Engineers the authority to transfer funds among
projects in the construction category, not to exceed 15 percent of
the amount available for obligation to a project for any fiscal
year. This represents the Conference allowance plus the unobligated
balance at the beginning of the year. An exception permits the
transfer of up to 25 percent for projects on which the amount
available for the year is $500,000 or less. Transfers beyond these
limits must be approved by the Appropriations Committees.
(ER 11-2-201)

(1) Survey or Advance Engineering and Design transfers may be
approved by the Chief of Engineers on a somewhat more liberal basis.

(2) It is the policy of the Chief of Engineers to reallocate
(transfer) funds within the above cited limitations, only to those
surveys and projects which have previously received an approved
allocation through the budgetary process.

(3) Transfers between operation and maintenance items are
approved on a case-by-case basis considering the urgency,
justification and availability of funds.

(4) Within the transfer authorities of the Chief of Engineers,
Division and District Engineers have been delegated authority to
make transfers, within limits prescribed by OCE, to optimize program
progress within Administration and Congressional guidelines.
(ER 11-2-201)

d. Overprogramming. Overprogramming is the establishment of
progress goals slightly higher than indicated possible by use of
available funds. For high priority activities, Division Engineers
are encouraged to prepare advance plans for application of
additional funds, should such funds become available for transfer
due to unanticipated slippages in other similar activities. The
purpose of overprogramming is to provide better utilization of
current year funds and to reduce carryovers of unobligated and
unexpended balances. Overprogramming of activities must be
consistent with anticipated funding in the following fiscal year.
(ER 11-2-240)

7-3. New Start Investment Program. Sound program management
demands the careful selection of new starts for those projects which
are to enter the multi-year budget cycle for planning and
construction. A Civil Works Investment Program is formulated to
meet regional needs on a priority basis through the programming of
authorized new preconstruction planning and construction projects.

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Long-range program objectives are developed by Division Engineers
for each of the major water resource regions. Estimates of needs
that are consistent with existing assessments including regional
growth plans, as well as guidance and criteria provided by the Chief
of Engineers are used in developing the objectives.

a. Framework. Estimates of need are used in the process of
developing five-year investment programs for new starts in
preconstruction planning and construction. An important
consideration in the development of the immediate five-year
investment program is to satisfy as many of those needs projected 10
years in the future as possible. The longer range needs would be
satisfied by subsequent investment programs.

b. Needs and Priorities. In general, plans or projects that
are sound, economic and highly desirable are given preference over
those with unresolved environmental or other problems. Recent
program emphasis is on hydropower and on municipal and industrial
water supply and flood control for urban areas and on commercial
navigation. The energy crisis has placed greater focus on all
hydropower projects as well as the energy-efficient, waterborne
transportation of bulk commodities. Projects nearing completion in
the planning phase also are given priority so that they can begin

accruing benefits.
c. Five-Year New Construction Start Program. Formulation of a
five-year program involves these basic priority decisions:

(1) The national investment or the total Federal costs of new
projects to be included in the immediate five-year program.
(Several alternative levels are normally considered).

(2) An allocation from the overall investment level to each of
the major water resource regions. In making this distribution,
primary emphasis is given to the relative magnitude of needs in each
region.

(3) The project priorities as established by the Division
Engineers for each region.

d. Budget Year New Construction Starts. The Five-Year
Investment Program for Construction identifies those projects that
are candidates for selection and recommendation as new
preconstruction planning and construction starts in the President's
Budget. The budget year selection process requires consideration of
factors other than identifying those projects which best meet
regional program objectives. Weighed carefully are such additional

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factors as impact on environmental absolutes and future flood plain
development; benefit-cost ratio; status of design; compliance with
environmental statutes; status of required reports; project support
and opposition; the views of affected states and other Federal
agencies; and the views and recommendations of Division Engineers.
Consideration of these additional factors is designed to assure that
the limited funds allocated to new starts are soundly programmed.
Current budget procedure involves a joint effort of the staffs of
the Chief of Engineers and the Secretary of the Army in developing
criteria for selection of the new planning and construction projects
to be recommended to OMB for inclusion in the President's Budget.
These criteria are published each year in the budget guidance for
the year. The selection is made so as to fit within the budget
ceiling which 0MB has established for the budget year, giving full
consideration to the factors noted above.

e. Full Funding. Commencing in Fiscal Year 1979, the budget
requests for new construction starts have been on a fall funding
basis. Thus far Congress has not concurred with this method of
funding civil works projects.

7-4. Classification of Projects. The backlog of uncompleted
authorized projects is divided into three categories, "Active,"
"Deferred," and "Inactive." (ER 11-2-240)

a. Classification Criteria.

(1) "Active" Category. Projects considered to be: necessary
and economically justified; engineeringly feasible without requiring
modification of the authorized plan beyond the discretionary
authority of the Chief of Engineers; generally supported by local
interests; and with no anticipated major problems of compliance with
requirements of local cooperation.

(2) "Deferred" Category.-

(a) Projects on which a restudy is necessary to determine
whether they are economically justified.

(b) Projects not opposed by local interests, but for which
local interests are currently unable to furnish the required
cooperation.

(c) Projects whose authorized plan could be significantly
affected by an authorized survey investigation, and therefore should
not be undertaken pending the outcome of the survey and
Congressional action based thereon.

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(3) "Inactive" Category.

(a) Authorized projects with obvious lack of economic
justification and for which it is apparent that a current restudy
would not develop an economically justified plan;

(b) Projects which, as authorized, are not adequate to meet
current and prospective needs, and which would require such
substantial modifications and involve such increased costs to obtain
an adequate improvement that they should not proceed without new
authorization.

Cc) Projects generally opposed by local interests, or for which
there is no reasonable prospect that the required local cooperation
will be forthcoming.

Cd) Projects or parts thereof, which have been accomplished by
local interests, or another agency, or which have been superseded by
another project or for other reasons are no longer required.

b. Reclassification. Project reclassification requires the
approval of the Chief of Engineers. A review of project
classifications is made annually with recommendations due to OCE by
15 June. However, reclassification may be accomplished as the need
develops. When it is apparent that a project should be
reclassified, an appropriate report is submitted for decision by the
Chief of Engineers. (ER 11-2-240)

7-5. Acceptance and Return of Contributed or Advanced Funds.

a. Categories.

(1) "Required Contributed Funds" as specified in the
authorizing project document.

(2) "Contributed Funds" are voluntarily given in advance by
local interests for accomplishment of project construction work
without expectation of reimbursement.

(3) "Contributed Funds, Other", for locally desired special
betterment or for improvements to have been provided by local
interest with their own forces.

C4) "Advanced Funds" are local funds contributed in advance of
Federal project funding to finance Federal construction of all or
part of an authorized project, subject to later Federal
reimbursement from appropriated Federal project funds.

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(5) "Other Non-Federal Funds" are local funds received pursuant
to a relocation agreement to cover the cost of betterments when
accomplishment of relocation is by Federal construction contract.

b. Acceptance. Action fo r the Secretary of the Army is
required prior to acceptance of-"Contributed Funds", "Contributed
Funds, Other", and "Advanced Funds". "Contributed Funds" and
"Contributed Funds, IOther" cannot be accepted until funds have been
appropriated for the work to which they relate or until specific
Congressional authority to accept such funds is obtained. Also,
"Advanced Funds" will not be accepted unless directed or approved in
advance by the Appropriations Committees of the Congress-and
coordinated with ASA (CW). District Engineers may accept "Required
Contributed Funds" and "Other Non-Federal Funds". Section 40 of the
Water Resources Development Act of 1974 (Public Law 93-251)
authorized extended payments of "Required Contributed Funds."
(ER 1140-2-301)

c. Return. Action for the Secretary of the Army is required
for the return of all Advanced Funds" or "Contributed Funds," and
"Contributed Funds, Other." Authority f or return of excess or
unused portions of contributed funds is normally granted
concurrently with approval for acceptance. District Engineers are
authorized to return unused portions of "Required Contributed Funds"
and "Other Non-Federal Funds" as part of the final settlements.
(ER 1140-2-301; ER 37-2-10)

7-6. Reimbursement for Advance Non-Federal Work on Projects.
Section 215 of the Flood Control Act of 1968 (Public Law 90-483)
authorizes the Secretary of the Army, acting through the Chief of
Engineers, to execute agreements providing for reimbursement or
credit to States or political subdivisions thereof for construction
work undertaken at authorized projects. (ER 1165-2-18)

a. Limits. Use of this authority is limited to cases that meet
all of the following conditions:

(1) The work, even if the Federal Government does not complete
the authorized project, will be separately useful or will be in
integral part of a larger non-Federal undertaking that is separately
useful;

(2) The work done by the non-Federal entity will not create a
potential hazard;

(3) Approval of the proposal will be in the general public
interest;

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(4) Only work commenced after project authorization and
execution of an agreement is eligible for reimbursement or credit;

(5) Proposed reimbursement will not exceed a $1 million maximum
and is limited to the amount that the District Engineer considers a
reasonable estimate of the reduction in Federal project expenditures
resulting from the construction of the project component by the
non-Federal entity.

b. Congressional Concurrence. Before finally approving any
agreement under Section 215, the Chief of Engineers will inform the
Secretary of the Army and the House and Senate chairmen of the
appropriate subcommittee of the Committee on Appropriations of the
proposed arrangements. The Chief of Engineers will not sign an
agreement until Secretarial and Committee concurrences are obtained.

c. Timing of Reimbursement. Reimbursement shall depend upon
appropriation of funds applicable to the project and shall not take
precedence over other pending projects of higher priority.
(ER 1165-2-18)

I.~~~~~~~~~~~~~-

EP 1165-2-1
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CHAPTER 8

POST AUTHORIZATION STUDIES
AND
ENGINEERING DESIGN

8-1. Post Authorization Studies. Post authorization studies are
required for each authorized construction project, each project
modification to assure dam safety, and each rehabilitation project
to establish the most suitable overall plan for accomplishment of
the authorized improvement and to establish the basic design of
project features. Additional information is furnished in paragraph
6-4. (ER 1110-2-1150).

a. Preconstruction Planning (Advance Engineering and Design).
Preconstruction planning includes those design studies necessary to
complete Phase I and Phase II General Design Memoranda; additional
design and real estate studies necessary prior to initiation of
construction, including plans and specifications for a major element
of work contemplated for the first year of construction; a
preliminary Master Plan for recreational development, where
applicable, and identification of tracts of real estate to be
acquired for public access and for the initial development of
recreational facilities; and such work on additional design
memoranda, plans, and specifications as is necessary to assure
timely and economical future construction scheduling. All
preconstruction planning for projects authorized for construction is
funded out of the Construction, General appropriation under the
category of Advance Engineering and Design.

b. Remaining Engineering and Design. Once preconstruction
planning has been completed, engineering and design may be continued
when the project is funded as a new construction start, or in some
cases, when the project is funded for land acquisition. This phase
of engineering and design will complete or initiate all feature
memoranda and plans and specifications needed to construct the
remaining features of the project in an orderly manner.

8-2. Project Modifications. Congressional authorizations of Corps
projects normally include a provision for implementation of the
recommended plan with such modifications as the Chief of Engineers
may deem advisable, in the interest of the purposes specified.
Changes have been classified on the basis of whether they may be
approved by the Secretary of the Army or the Chief of Engineers
(PAC), or must be submitted to Congress for modification of the
existing authorization (S-PAC). Submittal of a PAC or S-PAC may be
necessary during post authorization planning, engineering and

HP 1165-2-1
2,8 Sep 79

design, or construction. Reports already established during these
phases are utilized to report these changes to OCE: the Phase I or
Phase II GDM, feature design memos or project master plans.

a. Modification Authority Delegated to the Chief of Engineer or
Secretary of the Army (PAC). Modifications and changes of a
project, necessary for engineering or construction reasons to
produce the degree and extent of flood protection or the extent of
navigation improvement or other purpose intended by the Congress,
are within the latitude delegated to the Chief of Engineers.
Examples of such changes are shift of a dam to a nearby better
foundation location; changes in channel alignment and dimensions
indicated by more detailed studies; changes from a concrete to an
earth structure because of lack of proper concrete aggregate; or
moderate extensions of project scope, such as necessary to provide
flood protection to adjacent urban areas developed since the project
was authorized. The Chief of Engineers recognizes that this
latitude for changes and modifications of authorized projects is an
important delegation of authority which must be exercised
carefully. Changes involving the addition of project purposes,
significant changes in project cost, scale, features, benefit,
location, and costs allocated to reimbursable project purposes
require notification of OMB. (ER 1165-2-305)

b. Modification s Beyond Delegated Authority (S-PAC). A
proposed modification of an authorized project is brought to the
attention of Congress if study after authorization shows that: the
scope of functions of the project will be changed materially; the
plan of improvement will be materially changed from that originally
authorized by Congress; or special circumstances exist which were
not known to the Corps of Engineers or recognized by Congress when
the project was authorized. Decisions regarding project
modifications are made on an individual case basis. Questionable
cases are reported to the Chief of Engineers with the views and
recommendations of the Division and District Engineer.
Modifications beyond the authority delegated to the Chief of4
Engineers are referred to Congress for authorization.

8-3. Design Sizing of Projects. The basic size of projects is
established in the project authorization and subsequent General
Design Memorandum. Modification of the project from authorized
dimensions may require additional authorization in accordance with
paragraph 8-2.4

a. Flood Control. Flood control projects are generally
authorized to provide a specific "degree of protection." The
''degree of protection"' afforded by a particular flood control

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project represents the measure of flood severity for which
essentially complete elimination of all detrimental flood effects is
provided immediately downstream from a reservoir or within the
confines of a local protection project. In the design of flood
control projects allowances are made for freeboard and channel
aggradation . Additional flood control provided by these allowances
is not claimed as part of the degree of protection nor are benefits
claimed for this allowance.

b. Navigation. Navigation projects are generally authorized to
provide a channel of specific dimensions. in accordance with
Section 5 of the River and Harbor Act of 1915 channel depths
generally signify the depth at mean low water in tidal waters
tributary to the Atlantic and Gulf coasts, at mean lower low 'Water
in tidal waters tributary to the Pacific coast, and the mean depth
for a continuous period of fifteen days of the lowest water in the
navigation season of any year in rivers and non-tidal channels.
Authorized channel dimensions are understood to permit increase at
entrances, bends, sidings and turning places to allow free movement
of boats. Authorized channel depths include allowances for vessel
draft, squat, rolling and pitching and underkeel clearance.
(EM 1110-2-1607, also see para 10-4)

8-4. Aesthetic Treatment and Environmental Design. Maintenance and
0 ~~improvement of the environment is established by P.L. 91-190 as an
objective of Federal programs. The environmental quality objective
is to preserve or enhance certain water and related resources and
amenities that have ecological, cultural, aesthetic or other values
which makes them significant in terms of environmental quality. All
project features are designed so that the visual and human-cultural
values associated with the project will be 'rotecte'd preserved,
maintained or enhanced to the maximum extent practicable.
Opportunities for environmental enhancement through design are to be
deliberately sought. Specific ecological considerations include
actions to preserve or enhance critical habitats of fish and
wildlife; accomplish sedimentation and erosion control; maintain or
enhance water quality; or regulate streamf low, runoff and
groundwater supplies; and avoidance or mitigation of actions whose
effect would be to reduce scarce biota, ecosystems, or basic
resources. In the development of individual project features
consideration is given to the needs for architectural design, land
treatment or other resource conservation measures. Emphasis is
given to developing measures for realizing the full scenic potential
of the project feature as it affects the overall project. This is
accomplished by providing for cover reforestation, erosion control,
landscape planting, management of vegetation, healing of
construction scars, prevention of despoilment, and other related
activities for all project lands. (ER 1165-2-2; EM 1110-2-38)

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8-5. Low Level Discharge Facilities. Generally, lakes impounded by
Civil Works projects provide low level discharge facilities. Low
level discharge facilities, capable of essentially emptying the
lake, provide flexibility in future project operation for
unanticipated needs such as major repair of the structure,
environmental controls or changes in reservoir regulation.
(ER 1110-2-50)

8-6. Engineering and Design Performance Analysis. Performance
analysis is concerned with two factors, the ability to control
engineering and design costs and the ability to estimate such
costs. Quarterly reports are required from divisions and districts
in three parts: part I, estimated E&D cost vs actual E&D costs of
features completed for design within the last four quarters, part
II, actual E&D percentage vs experience curve percentage for
completely designed projects within the last four quarters and part
III, estimated E&D percentage vs experience curve for projects under
design.

8-7. Value Engineering. Value Engineering (VE) is defined as the
systematic application of recognized techniques which identify the
function(s) of a product or service; establish a monetary value for
that function; and provide the necessary function reliably at the
lowest overall cost. VE is concerned with the elimination or
modification of anything that contributes to the cost of an item or
task but is not necessary for needed performance, quality,
maintainability, reliability, aesthetic or interchangeability, or
other intended function or objective of a product.

a. Use. VE is a permanent and integral part of Corps design
and is applied actively to all Civil Works activities. VE studies
adhere to specifically prescribed methods of procedure and
supplements the analysis of alternatives that is part of normal
management or design procedures.

b. Non-Applicability. In Civil Works planning, VE is not
substituted for economic value or feasibility studies. VE is not
applied to aesthetic or environmental features of a project, except
where it can be shown that the resulting design, after VE, is as
pleasing from an environmental or aesthetic viewpoint as the
original design. (OCE Sup No. 1 of 17 Dec 73 to AR 5-4 of 4 Sep 73)

8-8. Use of Architect-Engineers. Engineering for the civil works
program usually requires: continuity of project investigations and
planning over a period of several years; integration of project
planning with related projects in basin-wide developments;
engineering and design skills distinctive to the field of water

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resource development; and special coordination responsibilities with
the public. Because of these requirements, the engineering required
for survey investigations and basic design memoranda involving
formulation of plans of improvements for civil works projects can
ordinarily be best performed by Corps. staffs. When existing
workload or lack of specialized technical skills in any District
prevents accomplishment of these. tasks in a timely and efficient
manner, all or part of the investigations or design may be
reassigned to another Corps office or to private architect-engineer
or consulting firms. Such reassignment is encouraged pursuant to
effective utilization of funds, particularly for those field
installations having difficulty in meeting scheduled obligation and
expenditure of funds. (ER 1110-23-1; Section LXXV, ER 1180-1-1)

8-9. Use of Consultants. Services of individual experts and
specialists outside the Corps of Engineers may be utilized for
advice and consultation at appropriate stages of Civil Works project
investigation, design, construction and operation activities
whenever either problems are encountered that involve specialized
fields in which Corps of Engineers personnel are not regularly
employed, or special problems of such magnitude or importance are
encountered that it is advisable to obtain the views and advice of
eminent experts to supplement conclusions of the Corps of Engineers
staff. (ER 1110-2-1160; Section LXXV, ER 1180-1-1)

a. Other Federal Agencies. Services of other Federal agencies
will be utilized as appropriate in their special fields to
complement the investigations and planning of Civil Works by the
Corps. Such agencies include the EPA, HCRS and F&WL Service, among
others.

b. Owners of Existing Facilities. Services of the owners of
existing facilities to be relocated for a Civil Works projects may
be engaged for planning and design of relocations. Procurement of
such services from States, local governmental units, railroad
companies, utility companies, etc., may be accomplished by use of a
separate contract for engineering services. Alternately, these
services may be made a part of the relocations contract.

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28 Sep 79

CHAPTER 9

CONSTRUCTION

9-1. Assurances of Local Cooperation.

a. Congressionally Authorized Projects. The documents in
support of the Acts authorizing or modifying projects contain the
authority for requiring local cooperation. it is necessary to
examine the pertinent authorization for each individual project.

b. Projects under Continuing Authorities. Specific details of
required local cooperation for projects under continuing authorities
are contained in the reports and approvals authorizing the 'Work. The
preauthorization report includes a copy of a letter of intent to
cooperate from the responsible project sponsor. Formal binding
assurances are obtained prior to commencement of construction.

c. Receipt and Acceptance. No construction is undertaken until
satisfactory assurances are in hand concerning all required
cooperation by a qualified local sponsor and until lands, easements,
and rights-of-way required for a complete unit of the project have
been provided. Whenever real estate interests have to be acquired by
local sponsors, the assurances must also include a commitment to
comply with all requirements of Sections 210 and 305 of Public Law
91-646. Except for future use water supply, assurances must be in
the form of a binding enforceable contract as required pursuant to
Section 221 of the River and Harbor Act of 1970 for all projects with
construction commencing on or after I January 1972. Water Supply
contracts under the Water Supply Act of 1958 and contracts for
recreation and fish and wildlife development under the Federal Water
Project Recreation Act must be approved by the Secretary of the
Army. The assurances, upon being accepted by the Chief of Engineers
(or Director of Real Estate) on behalf of the Secretary of the Army,
become enforceable in a court of law. (Chapter 12, EP 405-1-2; ER
1150-2-301; Part 3, App A; ER 1180-1-1)

d. Exceptions.

(1) Facilities for recreation require a 50 percent non-Federal
contribution. Construction may commence without formal local
agreement for recreation provided the benefit-cost ratio is
recomputed and economic justification is achieved with inclusion of
minimum basic facilities provided at Federal expense. (ER 1105-2-129;
ER 1120-2-404)

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(2) Section 77 of the Water Resources Development Act of 1974
(Public Law 93-251) amended the requirements for local participation
in measures for the enhancement of fish and wildlife to provide for
75% Federal and 25% non-Federal sharing of separable first costs at
projects not substantially complete on the date of enactment.

(3) At completed projects, Code 710 funds are used for
construction of recreation facilitites. Administration policy
regarding expenditures of Code 710 funds requires that a non-Federal
public agency enter into a contract with the Corps and agree to pay
for not less than 50% of the cost of development and assume O&M
responsibility for the recreation area.

(4) Assurances required for future water supply should be
reasonable but in accordance with Section 4 of Public Law 92-222
need not be a binding contract in strict conformance with the
requirements of Section 221, Public Law 91-611.

e. Use of Other Federal Funds. Revenue sharing funds made
available to the states and local communities under the State and
Local Fiscal Assistance Act of 1972 (Public Law 92-512) are
considered to be local monies upon receipt. Such funds can be used
by non-Federal interests to meet the requirements of non-Federal
participation for Corps projects. Similarly, contributions derived
in whole or in part from HUD's Community Block Grant program may be
accepted from local interests. However, HUD should be made aware of
the purpose for which its grant-in-aid funds are being applied.

9-2. Real Estate Requirements and Acquisition for Reservoir
Projects.

a. Requirements. Real Estate requirements are governed by the
Joint Policies of the Department of Interior and Army, which is
published in 27 F.R. 1734, 22 February 1962. This policy provides
that fee title is acquired in land for the damsite, construction
areas and permanent structures. Further, fee title is acquired for
lands below the maximum flowage line of the reservoir including
lands below a selected freeboard where necessary to safeguard
against the adverse effects of saturation, wave action and bank'
erosion. Where the freeboard does not provide a minimum of 300 feet
horizontally from the conservation pool (all plannned storage except
exclusive flood control storage) it is increased to that extent.
Fee title is also required for areas used for recreation; access to
the lake; and land required for fish and wildlife mitigation and
enhancement. Easement interests may be required in lieu of fee
title for areas in the upper reaches of the project above the
conservation pool and if financially advantageous to the Government

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and not required for fish and wildlife or recreation purposes.
Also, easements are generally acquired for rights-of-way for the
relocation of public highways, public utilities and railroads.
Lands downstream from the dam may be required in fee or easement for
operational purposes. Funds for land acquisiton in advance of
project construction may be approved to alleviate severe hardship
cases and to avoidprice escalation. Following authorization of a
project and appropriation of construction funds, public meetings are
conducted in the vicinity of the project to discuss the project, the
land acquisition program and acquisition schedule and afford
landowners an opportunity to comment. A real estate interest will
be obtained in those areas downstream of a spillway where spillway
discharge could create or significantly increase a hazardous
condition. (ER 1110-2-1451; Chapter 2, EP 405-1-2)

b. Acquisition. Actual acquisition of land generally starts at
the damsite and moves progressively upstream. Authorized fish and
wildlife mitigation lands are acquired concurrently with other
project lands. Project lands may be acquired from landowners by
purchase, condemenation or donation. No remainders of land are left
in ownerships which would constitute uneconomic remnants, nor are
improvements excluded from acquisition merely to avoid payment of
high severance damages. Any special benefit from the project to the
remainder of the property is taken into consideration in preparation
of the appraisal report. However, no value which may be
attributable to project development is assigned to the land.
Negotiations with landowners are conducted as arms length
transactions, on a willing buyer-willing seller basis over a
reasonable period of time. Prior to closing, title evidence is
reviewed, title clearance is completed and an inspection is made of
the premises. At closing, a deed to the United States is accepted
and payment of the purchase price is made to the landowner. After
the deed is recorded, the Final Title Assembly, including an
Attorney's Final Title Opinion, title evidence, deed and related
papers, is forwarded to DAEN-REP'S for permanent filing. If
agreement is not reached on a mutually acceptable price or if title
defects cannot be readily resolved, the United States Department of
Justice is asked to institute condemnation proceedings in Federal
District Court. The case may be settled by stipulation. Otherwise,
trial will be held before the court, a jury, or a court-appointed
commission. Rights of appeal are available as in other civil
cases. The Government is also authorized to pay or reimburse
expenses incurred by the landowner in conveying his property to the
United States such as recording fees, mortage prepayment penalties
and transfer taxes. Mineral rights will not be acquired except
where the development thereof would interfere with project purposes.

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But, mineral rights not required will be subordinated to the
Government's right to regulate its development as to eliminate any
interference with project purposes. (Chapter 5, EP 405-1-2)

c. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646). This legislation
provides for uniform and equitable treatment of all persons
displaced from their homes and businesses as a result of land
acquisition for Federal and federally assisted projects. The Act
authorizes reimbursement for actual moving expenses and losses
resulting from moving, or an alternative payment' in lieu of actual
expenses of about $500 for a home and $2,500 to $10,000 for a
business or farm operation. A replacement housing payment is also
provided to enable the displaced person to be relocated in a decent,
safe, and sanitary home comparable to his former home. This payment
(up to $4,000 for tenants and $15,000 for homeowners) is in addition
to the purchase price paid for the property acquired by the
Government. No owner may be offered less than the Government's
appraisal for his property and cannot be required to surrender
possession unless that sum has been made available to him. The
Government must assure the availability of adequate replacement
housing before obtaining possession. As a last resort, the
Government can build or arrange loans for building replacement
housing to assure its availability to displaced persons. These
costs are not included in the project benefit cost ratio, but they
are allocated to reimbursable purposes. (ER 1165-2-117; Chapter 6,
EP 405-1-2)

9-3. Relocations. The term "relocation" includes raising and
lowering, altering, adjusting or protecting a facility, as well as
changing its location.

a. Relocation of Public Highways, Public Utilities, Railroads
and Pipelines. Lands necessary for a project are acquired subject
to outstanding easements for public highways, public utilities,
railroads and pipelines. However, when there will be a taking of
these easements, the owner must be compensated. Federal courts have
held that when the Federal government acquires public highways and
public utilites, the measure of compensation is the cost of
providing substitute facilities where necessary. Conversely, where
there is no further necessity for such a facility, the Federal
Government is only required to pay nominal consideration for the
right-of-way. When privately-owned roads, pipelines and railroads,
are required it may be in the best interest of the Federal
Government to relocate them since relocation may be the least costly
alternative. A relocated facility should serve the owner in the
same manner and reasonably as well as does the existing facility.

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However, substitute roads are constructed to the standards which the
state or municipality would use in constructing a new road taking
into consideration geography and projected traffic not including
project induced traffic. At the request of the State or political
subdivision, the substitute road may also be constructed to even
higher standards if the State or political subdivision pays the
added cost prior to initiation of construction. (ER 1180-1-1,
Section LXXIII; ER 1165-2-117)

b. Relocation of Cemeteries. The relocation and/or protection
of cemeteries is premised on acquisition of a real estate interest
and extinguishment of the legal right of the next-of-kin to visit
and preserve the burial grounds of their ancestors and relatives.
It is the policy of the Corps of Engineers to respect the wishes of
the next-of-kin as to the removal and reinterment of bodies.
Ordinarily, just compensation for the acquisition of an existing
cemetery site will consist of furnishing a new site comparable to
the old site, plus disinterment and reinterment of the bodies, and
transferring monuments and other facilities from the old to the new
site. (ER 1180-1-1, Section LXXIII, Part 8, and A-306)

c. Re-establishment of Towns. In certain cases, Congress has
authorized relocation of specific communities. However, there is no
general authority vested in the Secretary of the Army (by way of
Federal legislation or Federal court decisions) to pay the cost of
physically relocating a town. Recognizing that project requirements
dictate the acquisition of private property' within the project, the
Government can participate in financing the cost of comparable
streets and utilities in a new town in the event the governing body
of the town and its citizens decide that a new town will, in fact,
be established. If no new town is to be established the Government
has no legal authority to pay other than a nominal consideration for
the streets and utility systems in the old town since no substitute
facilities would be necessary. (ER 1180-1-1, Section LXXIII, Part 6)

d. Evacuation in Lieu of Levees. Section 3 of the 1938 Flood
Control Act, dated 28 June 1938, (P.L. 761, 75th Congress)
authorizes the Chief of Engineers to substitute evacuation in lieu
of levees or floodwalls for a portion or all of the areas proposed
to be protected. A sum not exceeding the amount saved in
construction costs may be expended for evacuation of the locality
eliminated from protection, including rehabilitation of the persons
evacuated.

9-4 Real Estate Requirements for Local Cooperation Projects.

a. Requirements. No construction contract is awarded until a
valid right of possession has been obtained to the entire project

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area, or for a usable segment thereof. The minimum interests in
real estate which the local agency must obtain are given below.
(Chapter 2 & 12, EP 405-1-2)

(1) Flood Control Projects. Fee title, or permanent easements,
for levees, walls, other permanent structures, channel rectification
works, and adequate access thereto. Permanent easements for lands
in reservoir areas of flood control only projects which do not
provide conservation pools, spoil disposal and borrow areas required
for future maintenance work, and adequate access thereto. Permit,
or temporary easements, for spoil, work and borrow areas required
during construction, and adequate access thereto.

(2) River and Habor Projects. Fee title for lock site and for
all other permanent structures. Permanent easements for
right-of-way for the waterway improvements. Permanent easements in
lands required for the erection and maintenance of aids to
navigation.

b. Condemnation on Behalf of Local Interest. Under the
provisions of Acts of Congress approved 29 June 1906 (33 U.S.C.
592), 8 August 1917 (33 U.S.C. 593) and 18 August 1941 (33 U.S.C.
701c-2), the Secretary of the Army may cause proceeding to be
instituted, in the name of the United States, for acquisition, by
condemnation of real estate interests required of local interest.
The Chief of Engineers will request such action only when the local
agency lacks authority, cannot meet the construction schedule or
when the measure of just compensation is different under local law
than Federal law. (Chapter 12, EP 405-1-2)

9-5. Water Quality Requirements. State water quality certification
and any necessary permits required by the Clean Water Act of 1977
are obtained prior to discharge of dredged or fill material. For
projects specifically authorized by Congress exemptions from the
requirements of Section 301, 402 and 404 are obtained by submitting
an EIS or EIS supplement to Congress prior to an appropriations for
construction and prior to discharge in accordance with Section
404(r). (Paragraph 5-6)

9-6. Accomplishment of Construction Work

a. Use of Contractors. It is Corps policy to accomplish
Federal civil works improvement by contract with private
construction firms through competitive bidding to the greatest
extent possible. (ER 415-2-301)

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b. Use of Title- II Contracts. Title II contracts are
appropriate for surveys, testing and supervision and inspection
services when there are insufficient Corps personnel available.
However, the management function of all Civil Works field offices
must be retained in:-house and not delegated. (ER 415-2-100)

C. Use of Government Plant and Hired Labor. Work is
accomplished with hired labor and government plant only when it is
of a type in which contractors are not interested; where
advertisement of the work resulted in procurement of unacceptable
bids and suitable government plant existed and was utilized as the
basis of the Government Estimate; or when it requires special
equipment or qualifications for doing the work which are not
generally available to the contracting industry. Bank revetment
work with special government-owned plant is an example of the latter
case. Public Law 95-269 provides that the Secretary of the Army,
acting through the Chief of Engineers, carry out projects for River
and Harbor improvements by contract or otherwise in the manner most
economical and advantageous to the United States. The Act provides
for carrying out dredging and related work by contract when this
work can be accomplished at reasonable prices and in a timely
manner. In this regard, PL 95-269 provides that no works of River
and Harbor improvement shall be done by contract if: (1) the
contract price is more than 125 percent of the cost of doing the
work by Government plant; or (2) in any other circumstance, if the
contract price is more than 125 percent of a fair and reasonable
estimated cost of a well-equiped contractor doing the work. Public
Law 95-269 furthers provides for the reduction of the existing fleet
of Federally owned dredges to a fully operational minimum fleet of
technologically modern, efficient dredges to meet emergency and
national defense requirements. The Act also provides that the
Secretary of the Army shall maintain a sufficient number of
Federally owned dredges to insure the capability of the Federal
Government and private Industry together to carry out projects for
improvements of Rivers and Harbors. (ER 11-2-101; ER 1110-2-1300;
ER 1130-2-307; Paragraph 1-372, ER 1180-1-1)

d. Contracting with Small Business and the Minority Business
Enterprise. Contracting with small business concerns is governed by
the provisions of the Defense Acquisition Regulations (DAR) which is
the implementation of the Small Business Act of 30 July 1953 as
amended (15 U.S.C. 631 et seq.). it is Corps policy to place a fair
share of all procurement with small business concerns and to offer
such concerns an opportunity to participate in any procurement
within their capability.

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(1) Section 8(a) of the referenced Small Business Act provides
for setting aside of certain procurements for performance by
minority owned or controlled business enterprises (Negroes, Spanish
speaking American persons, American Orientals, American Indians,
American Eskimos and American Aleuts). This program is actively
supported through the application of existing DAR regulations and
Corps policy. Work of a critical nature (time-wise); projects
requiring unusual construction management skill; and work to be
cost-shared or involving the use of contributed funds normally are
not considered for placement under the Section 8(a) program.
(Paragraph 1-332, DAR; Part 7, Section I, DAR; and ER 1180-1-1)

e. Buy American Act. With certain exceptions, the Buy American
Act (41 U.S.C. 10 a-d) and Executive Order 10582, dated 17 December
1954, prohibit the purchase or use of nondomestic materials in
connection with Government contracts for the construction,
alteration or repair of any public building or work. Nondomestic
material is defined as that which, when unmanufactured, has not been
entirely mined or produced in the United States or, when
manufactured, has foreign components valued at greater than 50% of
the whole. Exceptions are granted only on the basis of
nonavailability in the United States, unreasonable cost, or
impracticability. (DAR and ER 1180-1-1, Section VI)

9-7. Reservoir Clearing. The general objective in clearing
reservoir areas is to hold such clearings to a minimum compatible
with project purposes in order to effect an over-all reduction in
construction costs. All areas which are potential hazards in
achieving primary project purposes should be cleared in accordance
with established guidelines. Clearing and disposal of cleared
material must comply with all local and state laws applicable in the
area where the project is located. (ER 415-2-1)

9-8. Utilization of Dredged Material. It is Corps policy to secure
the maximum practicable benefits through the utilization of spoil
dredged from navigation channels and harbors, provided such use is
in the public interest. Such use of suitable non-contaminated
dredged materials can include, creation of wetlands, nourishment of
beaches, erosion control of river banks, and land reclamation. In
accordance with Section 150 of Public Law 94-587 up to $400,000 may
be expended by the United States to create wetlands from dredged
material (paragraph 19-5). Utilization of dredged material for
other uses may be undertaken provided extra cost to the United
States is not incurred. If it is evident during the initial
plamnning of dredged operations that additional costs would be

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incurred, local interests will be given reasonable opportunity to
finance the additional costs. Normally, local interests provide
without cost to the United States all suitable areas for initial and
subsequent disposal of dredged material, including all necessary
retaining dikes, bulkheads, and embankments therefor. Also see
paragraph 11-6 discussion of land enhancement from placement of
dredged material and restriction on Ocean Dumping. (ER 1130-2-307)

9-9. Housing of Project Personnel. Permanent housing is provided
at Civil Works projects for operating personnel: when a permanent
reservoir pool is provided and 24 hour attendance by operators is
not otherwise maintained; when it is necessary to have employees at
the site on call for duty outside of regular working hours; when
control of vandalism is a factor; when the access road is subject to
closure by high water, slides, forest fires, or similar hazards;
when housing is inadequate within a reasonable commuting distance of
the project and possibilities of obtaining adequate housing from the
market place have been thoroughly investigated. (ER 415-2-301)

9-10. Work for other Government Agencies. Work specifically for
another Federal agency (such as protection of their land or
facilities) is accomplished on a reimbursable basis. Authority for
Corps performance of work for other Federal agencies is provided by
Section 601 of the Economy Act approved 20 July 1942 (31 U.S.C.
686); Section 219, FCA of 1965, Public Law 89-298; and Presidental
letters of 17 March 1942 to the Secretaries of the Army and Navy.
Section 117 of the River and Harbor Act of 1968 provides authority
to use civil works funds to maintain navigation channels deepened
for defense purposes where the project also serves essential needs
of general commerce. Prior authorization of the Chief of Engineers
must be obtained for work involving use; of hopper dredges and work
requiring an advance of funds. Division Engineers may otherwise
authorize Corps performance of work desired by another agency on a
reimbursable basis, provided that sufficient funds for the entire
project are available from current year funds of the requesting
agency. Any clearance required by OMB or:Congressional
appropriation committees will be obtained by the requesting agency.
Services may be provided to State and local units of government
under the authority of Title III ofithe Intergovernmental
Cooperation Act of 1968 (P.L. 90-577) as implemented by Bureau of
the Budget Circular No. A-97, 29 August 1969. The purpose of Title
III is to encourage intergovernmental cooperation in the conduct of
specialized or technical services and provision of facilities
essential to the administration of State and local governmental
activities; to enable State or local governments to avoid
unnecessary duplication of Special Service functions; and to

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authorize all departments and agencies of the Executive Branch of
the Federal government, which did not have such authority, to
provide reimbursable, specialized, technical services to State and
local governments. (ER 37-2-10; ER 1140-1-210; ER 1140-2-302; and
ER 1140-2-303)

' .59-1 0
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* I # v~~9-1

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28 Sep 79

CHAPTER 10

OPERATIONS, MAINTENANCE, AND PROJECT MANAGEMENT

10-1. Resource Management of Project Lands and Facilities.

a. Management Objectives. The developed and natural resources
of Civil Works projects are the public property of both present and
future generations. Corps resource management activity is directed
toward the continued enjoyment and maximum sustained use by the
public of lands, waters, forests and associated recreational
resources, consistent with their carrying capacity and their
aesthetic and biological values, and to allow such other new and
innovative uses of the project that are not detrimental thereto.
Maintenance and administration of recreation areas, where they
remain under Corps jurisdiction, is part of the overall management
objective to preserve and protect the quality of project resources.
Major considerations, in addition to management of recreation
facilities, include: (ER 1130-2-400; ER 1165-2-400)

(1) Protection of project visitors and employees.

(2) Protection of project resources, including enforcement of
land use requirements to prevent conflict between uses.

(3) Prevention of visual and physical encroachments upon
project lands and waters.

(4) Preservation and enhancement of the aesthetic integrity of
banks and shorelines and retention of access for public use.

(5) Prevention or elimination of unauthorized structures and
habitation on project lands or on the water surface.

(6) Compatibility between recreation uses and equipment
employed in recreation activity and established water quality
standards.

(7) Environmental improvement through vegetative management.

(8) interim utilization of project lands for appropriate
agricultural practices to optimize recreation and fish and wildlife
benefits.

(9) Monitoring of public recreation use and recreation
technology being used to insure that management practices and future
recreation developments are consistent with discernible public
is ~~preferences and needs.

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(10) Encouragement of local officials to adopt and enforce
zoning and building codes to: control private developments adjacent
to any project reservation; and to avoid resultant problems in water
pollution from septic tank drain fields or sewage disposal, visual
pollution due to poor siting or design, solid waste disposal on
public areas, or use of project roads for access to private property.

b. Public Impression. The public's attitude toward the Corps
is formed at the projects through: appearance of the area as to
grooming, development, and administration; quality of development;
kind of interpretive signs and other information; and degree of
professionalism among the personnel in their contacts with the
public. Guidance on providing visitor centers, overlooks, and
information centers is given in ER 1130-2-401.

c. Public Access. Appropriate access to the project will be
provided for the general public except in areas which are restricted
for security or safety reasons. Where an administration building or
visitor center is provided, these facilities should be open with a
responsible employee on duty seven days per week during the prime
recreation season during hours prescribed by the District Engineer.
(ER 1130-2-400)

d. Lakeshore Management Policy. The Corps policy is to manage
and protect the shorelines of all lakes under its jurisdiction to
properly establish and maintain acceptable fish and wildlife
habitat, aesthetic quality and natural environmental conditions and
to promote the safe and healthful use of these shorelines for
recreational purposes; ready access to and exit -from these
shorelines for the general public is provided.-"Corps management
practices are directed toward gaining the maximum benefit to the
general public. (ER 1130-2-406)

e. General Use of Public Recreation Areas. Public use areas on
Civil Works projects are available for use by all members of the
general public on a first-come, first-served basis. Corps operated
group camp areas may be managed on a reservation system. (ER
1130-2-400)

f. Use Fees. See Chapter 16, paragraph 16-5e.

g. Citation Authority (Policing). Section 234 of the 1970 FC
Act provided that the Secretary of the Army may cause to be issued
citations for aggravated cases of refuse dumping and other
violations of the rules and regulations under Chapter 11I, Title 36,
CFR. Division Engineers have been authorized to designate Civil
Works installations wherein the citation authority will be

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implemented. Oral and written warnings will be utilized in minor
cases to the extent possible. There is no authority for Corps
personnel to take an offender into custody. Weapons will not be
carried or used for citation enforcement. Federal, State, and local
law enforcement agencies, as applicable, retain the authority and
responsibility to enforce all laws. Section 120 of Public Law
94-587 authorized the Chief of Engineers to contract with States and
their political subdivisions for the purpose of obtaining increased
law enforcement services at projects. (ER 1130-2-418 and ER
1130-2-420)

h. Forest Management. P.L. 86-717 requires that projects be
developed and maintained to encourage, promote, and assure adequate
and dependable future resources, including supplies of forest
products. The forest management program will be administered to
increase the value of project lands for recreation and wildlife, and
to promote natural ecological conditions by following accepted
conservation practices. Where the preservation of natural
conditions or similar non-commercial purposes are the paramount
consideration, there is no justification for using cultural
practices appropriate to commercial forestry production such as
thinning, pruning and release cutting for stand improvement.
Vegetation living or dead, will be removed only with such
justification as urgent disease control, urgent insect pest control,
fire hazard reduction, wildlife management practice, removal for
construction of recreational facilities or other specific essential
uses.

i. Wildlife and Fisheries Management. Section 3 of the Fish
and Wildlife Coordination Act (P.L. 85-624) provides for the use of
Civil Works projects for conservation, maintenance and management of
fish and wildlife resources and wildlife habitat. This is a
accomplished through licensing of lands and waters to State wildlife
agencies or by cooperative agreement with the Secretary of the
Interior under terms of a General Plan. The General Plan must be
approved jointly by the Secretary of the Army, the Secretary of the
interior and the head of the State Wildlife Agency. Licensees may
plant or harvest crops, either directly or by share crop agreement
to provide food and/or wildlife habitat. Proceeds from the sale of
crops may be used to further fish and wildlife uses in accordance
with project management plans. Proceeds not used for this purpose
will paid to the United States at the expiration of each five year
period. (ER 1130-2-400; ER 1105-2-129)

j. Sanitation and Pollution Control. Sanitation for public use
of Corps projects will be in accord with all Federal, State and
local laws. Solid waste disposal and the control of air and water

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pollution will be in accordance with Executive Order 12088 on
prevention, control and abatement of air and water pollution at
Federal facilities. While it is a responsibility of the Corps to
provide facilities which meet State standards, there is no
requirement that the specific pollution abatement processes,
equipment, or operating procedures proposed by the Corps must be
submitted for State approval. Section 107 of Public Law 93-251
permits Federal participation in the costs of local sewage treatment
plant installations as warranted to provide for treatment of the
additional sewage resulting from the operation of facilities
(including recreation) at Corps projects. All potable water at
Civil Works projects will meet or exceed the minimum standards
prescribed by the Safe Drinking Water Act. (ER 1130-2-407)

k. Soil Erosion Control. Erosion of project lands will be
controlled as practicable to prevent land despoilment and extend the
project life through reduced siltation.

i. Distribution of Rental Receipts. Section 7 of the Flood
Control Act of 1941, P. L. 77-228, as amended authorizes the Corps
to pay 75 percent of annual rental receipts from the leasing of
project lands under its jurisdiction to the state in which the
leased properties are located.

10-2. Responsibility for Maintenance. Responsibility for
maintenance and operation of completed Civil Works projects has been
established by the general requirements of River and Harbor and
Flood Control laws and administrative policy. These
responsibilities in brief are: (ER 1150-2-301)

a. Navigation.

(1) Existing Authorized Project. Authorization for most
existing navigation improvements provide that maintenance and
operation shall be a Federal responsibility accomplished at Federal
cost.

(2) Commercial Navigation. It is general policy to recommend
that improvements for commercial navigation be maintained by the
Government at Federal cost.

(3) Small Boat Navigation. Section 6 of the Water Resources
Development Act of 1974 (P.L. 93-251) provides that the costs of
operation and maintenance of the general navigation features of
small boat harbor projects shall be borne by the United States.
This policy applies to both recreational and commercial small boat
harbor and channel navigation projects. (ER 1165-2-310)

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(4) Emergency Clearing. Section 3 of the River and Harbor Act
of 1945, provided continuing authority for limited emergency
clearing of navigation channels, but does not specify who shall
maintain that work. It is an Administrative requirement that work
under Section 3 be maintained by local interests.

(5) Disposal Areas. Provision and preparation of disposal
areas, including dikes, is the responsibility of local interests
unless authorizing legislation provides otherwise. Section 148 of
the 1976 WRDA (PL 94-587) calls for utilization of appropriate
management practices to extend the capacity and life of disposal
areas.

b. Flood Control (General).

(1 Most flood co ntrol and all multiple-purpose reservoirs are
,maintained and operated by the Federal Government.

(2) Local flood protection work such as levees and channel
improvements, including repair work under P.L. 999 84th Congress,
are maintained and operated by non-Federal interests. An exception
is that channel improvements 'specifically authorized under the Flood
Control Act of 1938 are a Federal maintenance responsibility.

(3) Projects for snagging and clearing for flood control under
Section 3 of the River and Harbor Act of 1945 and emergency bank
protection under Section 14 of the 1946 Flood Control Act require
maintenance by non-Federal interests.

c. Flood Control (Mississippi River and Tributaries). Local
responsibility is limited to regular levee maintenance, but this is
defined by law to consist only of moving grass and weeds. The
Federal Government is responsible for extraordinary maintenance of
levees and all maintenance of structures other than levees.

d. Beach Erosion Control. Maintenance is usually a local
responsibility., In some cases, Federal participation may be
provided for a specified period when periodic nourishment has been
selected and adopted in lieu of more extensive construction, and
such Federal participation is adopted as part of the recommended
project. (ER 1165-2-130; EM 1120-2-101)

10-3. Operation and Maintenance of Local, Protection Projects.
Section 208.10, Title 339 CFR contains regulations for the operation
and maintenance of local flood protection works approved by the
Secretary of the Army in accordance with authorities contained in
Section 3 of the Flood Control Act of 22 June 1936 (49 Stat. 1571),

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28 Sep 79

as amended and supplemented. District Engineers are to keep
informed as to the extent of compliance with the local operation and
maintenance requirements through regular periodic inspections of the
projects, and analysis of semi-annual reports required to be
submitted by the operating and maintaining agency. These actions
form the basis of the continuing inventory of agreements and the
status of their performance, transmitted to Congress annually in
compliance with Section 221(e) of P.L. 91-611. (ER 1110-2-100; ER
1130-2-339; ER 1150-2-301; ER 1165-2-304)

10-4. Navigation Channel Dimensions Maintained. Full project
dimensions are maintained for authorized navigation projects where
feasible and justified. To avoid frequent redredging in order to
maintain full project depths, advance maintenance dredging is
performed in critical, fast shoaling areas to the extent that it
would result in the least overall cost. Such additional depth
dredging is exclusive of and beyond the allowable overdepth included
to compensate for dredging inaccuracies. In some waterways and
harbors, the current needs of navigation can be met by dredging the
project channel or basin to less than the authorized depth and/or
width. If a temporary reduction in width from that authorized is
acceptable, removal of moderate shoaling along channel lines is
deferred until essential dredging in the channel is undertaken.
Only where known progressive shoaling along channel lines is unduly
restrictive to navigation will its removal be undertaken prior to
the normal scheduling of maintenance dredging. (ER 1130-2-307)

10-5. Maintenance Dredging Provisions of the Clean Water Act of
1977. Section 404(t) of the Clean Water Act authorizes any State to
regulate, in accordance with its laws, the discharge of dredged
material in any portion of the navigable waters within the
jurisdiction of the State that results from maintenance dredging
involving Corps of Engineers navigation projects. District
Engineers obtain State water quality certification, and a permit for
disposal of maintenance dredged material required by Section 404(t)
unless the State elects to waive these requirements. In cases where
the project authorization requires a local sponsor to provide
disposal areas and State or Federal requirements call for upland
disposal, disposal areas must be made available by the sponsor
before dredging proceeds. On projects where there are no local
sponsor requirements to provide disposal areas, and State
requirements call for upland disposal and Federal requirements do
not , local or State assistance in providing suitable disposal areas
is sought. If such assistance is not forthcoming, the increased
project cost is evaluated with other national maintenance
requirements to determine the relative priority of continuing
maintenance dredging at that project. No maintenance dredging is

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performed unless disposal activities are in full compliance with
State requirements unless a waiver from those requirements is
obtained pursuant to Section 404(t) and Section 511(a).
Restrictions on ocean dumping have been imposed by the Marine
Protection, Research and Santuaries Act of 1972 (See para 11-6b).

10-6. Condition Surveys of Navigation Projects. The capability of
every active waterway and harbor project to serve current navigation
requirements should be determined at least once each year. District
and Division Engineers then take necessary action, including request
for any required authority and funds to perform maintenance dredging
determined toQ be justified. The actual requirements of existing
commerce and the economies obtainable by advance maintenance
dredging operations govern the extent of the maintenance work
undertaken. (ER 1130-2-307)

10-7. Abandonment of Navigation Projects. Some waterways and
harbor improvements constructed years ago may no longer be needed or
utilized for the purposes for which originally intended, because of
changed physical and economic conditions. Efforts are made to
transfer the projects to appropriate State or local agencies for
maintenance where obsolete waterways serve local purposes such as
recreation or as sources of municipal or industrial water; or where
local developments have grown up along the navigation pools. Where
Federal waterway improvements no longer serve their authorized
purpose, the Corps will recommend their abandonment to Congress.
Pending arrangements for disposition, they are maintained as
economically as possible. Obsolete harbor improvements, which no
longer have importance for commercial or recreational traffic, are
not maintained by the Federal government.

10-8. Transfer of Interest or Ownership and Use of Civil Works
Projects. Lands and waters of Civil Works projects frequently can,
without detriment to the primary purposes, also be used to provide
many forms of supplementary benefits both public and private. Such
use takes place either under Corps management or by third parties
under any of the following authorities or procedures:

a. Authorities. (1) Title 10 United States Code, Sec. 2667,
provides for lease of real and personal property which is not excess
or required for public use. Limited to five-year terms unless the
SA determines that a longer term will promote the national defense
or will be in the public interest; (2) 16 United States Code, 460d
authorizes any use determined to be in the public interest. Policy
generally limits use to recreation; (3) Acts pertaining to easements.

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b. Procedures. (1) Cooperative agreements with U.S. Fish and
Wildlife Service or Forest Service; (2) Permits for use by Federal4
agencies; (3) Leases and licenses to governmental agencies,
generally not exceeding 30 years but to 50 years in exceptional
cases; (4) Leases for commercial concessions not exceeding 25
years. (ER 405-1-800 series).

10-9. Correction of Federal Navigation Project Induced Shore
Damage. Section III of R&H Act of 1968 (P.L. 90-483) provides
authority to *'...investigate, study, and construct projects for the
prevention or mitigation of shore damages attributable to Federal
navigation works." Projects whose cost is limited to $1 million or
less do not require Congressional approval. The Federal government
bears the entire cost of installing, operating, and maintaining such
projects. This authority applies to both public and privately owned
shores located along the coastal and Great Lakes shorelines damaged
by Federal Navigation projects. Exercise of the Section III
authority to provide mitigation measures at Federal expense is not
mandatory. Normally, the degree of the mitigation 'is the reduction
of erosion or accretion to the level which would obtain without the
influence of navigation works at the time navigation works were
accepted as a Federal responsibility. It is not intended that
shorelines be restored to historic dimensions, but only to lessen
the existing shore damage or prevent subsequent damages by action
based on sound engineering and economic principles when equitable
and in the public interest. This authority is not utilized to
construct, maintain, modify or change an authorized navigation,
beach erosion control, or combined BE-Hurricane protection project;
or for river bank erosion or vessel-generated wave wash damage.
(ER 1105-2-50)

10-10. Mitigation of Damages Resulting From Construction and
operation of Project. The Federal Government is not normally held
responsible. for damages incidental to Civil Works activities within
areas subject to the Navigation Servitude. Normally, as a condition
of project authorization, local interests are required to hold and
save the United States free from damages due to construction,
operation, and maintenance of the project works. Sec. 9 of Pub. Law
93-251 states that such requirement does not include damages due to
the fault or negligence of the United States or the contractors.
While the Government may be liable for damages resulting from the
negligence of a Government employee, no recovery is allowable
resulting from the-exercise of a discretionary function by a
Government official. The Chief of Engineers has discretionary
authority under certain conditions to provide remedial work to
correct certain adverse conditions resulting directly from a Civil
Works project. The Office of Counsel should be consulted on the

EP 1165-2-1
28 Sep 79

applicability of this authority to individual cases. See 33 U.S.C.
633, 701(q) and AR 27-40.

10-11. Removal of Wrecks and Other Obstructions. Removal of sunken
vessels, boats, water craft or rafts, or other similar obstructions
is governed by Sections 15, 19, and 20 of the River and Harbor Act
of 3 March 1899 and is predicated upon their being obstructive to
general navigation. Prior approval of the Chief of Engineers must
be obtained if the cost of removal will exceed $100,000.
(ER 1145-2-301; ER 1145-2-305; and ER 1180-1-1, para 4-7005.)

10-12. Restrictions on Seaplane Operations. Seaplane operations on
all or portions of lakes under the jurisdiction of the Corps may be
prohibited or restricted by District Engineers to protect all
authorized uses of the project and the safety of all users.
(ER 1130-2-411)

10-13. Major Rehabilitation Program. This program is to facilitate
accomplishment of significant and costly maintenance work of
completed Corps of Engineers projects under the Construction,
General appropriation title, so that it will not unduly distort the
Operation and Maintenance, General budget from year to year.
Preconstruction planning of the Major Rehabilitation program will be
funded under the Condition Operation Studies account of the
Operation and Maintenance, General appropriation title.
Rehabilitation work may be included in the Construction, General,
Major Rehabilitation program if all of the following conditions
exist.

a. The work consists only of essential rehabilitation and does
not include addition or betterment which constitute a change in
project purpose, size, capacity or location. Modernization of
operating equipment as part of the program to meet current design
standards may be included;

b. The estimated cost of repairs is $2,000,000 or more;

c. The work is required to permit the continued use of the
project for authorized purposes and;

d. The accomplishment of the work is justified at this time, as
demonstrated by the Reconnaissance Report. (ER 1130-2-417)

10-14. Acceptance of Donations of Materials. The Act of 24 April
1888 (33 USC 591) authorizes the Secretary of the Army to accept
donations of lands or materials required for maintenance or
prosecution of works for the improvement of rivers and harbors for

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EP 1165-2-1
28 Sep 79

which provision has been made by law. This authority has been
delegated to the Chief of Engineers. Division Engineers are
delegated authority to accept unconditioned donations of such
materials not to exceed a value of $5,000. Acceptance of donations
of lands have not been delegated by the Secretary of the Army.

10-15. Correction of Design Deficiencies. Occasionally, a project
may require modification because its initial design was deficient.
Such a project is correctable as a "design deficiencies" if it meets
all of the following criteria.

(1) The deficiency is the result of an incorrect design
assumption (including those resulting from differences in
professional opinion) or calculation which was within the
state-of-the-art existing at the time of construction and which
prevents the project from functioning as intended;

(2) The deficiency was recognized after completion of
construction but general within ten years after that date;

(3) Correction of' the deficiency is needed to allow operation
of the project as designed;

(4) Correction of the deficiency does not require additional
authorization.

(5) The corrective measures must be justified, on an
incremental basis, by current economic and/or safety considerations.

10-16. Dam Safety Assurance. This program has been established to
provide for modification of Corps of Engineers dam projects which
are considered to have potential safety hazards in light of
present-day standards and knowledge. This program is intended to
facilitate upgrading of those project features with deficiencies
related to dam safety that are within the Chief of Engineers
discretionary authority and cannot be corrected under other funding
programs for routine maintenance type work or'for rehabilitation to
permit continued effective operation of a project as it was
originally designed to function.i Project modifications requiring
additional authorization may be funded under this program, but would
not be eligible for construction'until the requisite project
authority is obtained. Examples of eligible items include:
enlarging existing or constructing new facilities to provide
adequate discharge capability; raising the dam to provide adequate
freeboard allowance; increasing structural stability of the
embankment to withstand seismic loading; and the acquisition of
lands downstream from spillways for hydrologic safety purposes.

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HP 1165-2-1
28 Sep 79

Funding, planning, design and reporting f or modification to assure
dam safety are identical to those for major rehabilitation.
(ER 1130-2-417)

10-17. Changes in Reservoir Regulation. Authorities for the
allocation and regulation of reservoir storage in projects operated
by the Corps of Engineers are contained in project authorization
acts. Some modifications to approved reservoir regulation plans may
be undertaken to provide more efficient use of the project for
authorized purposes. However, proposed changes in reservoir
regulation must be carefully reviewed in conjunction with the
authorizing legislation to determine the extent of the change which
may be undertaken. Revised regulation plans to add a new purpose
not included in the project authorization, other than municipal and
industrial water supply, water quality, fish and wildlife, and
recreation which do not significantly affect operation of the
project for the authorized purposes, require Congressional
authorization. Often, proposals for changes of this type involve
increases in the length of time waters are stored at various levels
in the reservoir. Such proposals may require upgrading of interests
in reservoir lands on which flowage easements were initially
obtained. The cost of those additional land takings along with all
other benefits and costs should be considered in the decision to
change reservoir regulation. (ER 1110-2-240).

10-18. Changes to Meet Water Quality Standards at Reservoirs.
Although water quality legislation does not require a permit for
discharges from reservoirs, downstream water quality standards
should be met whenever feasible. Existing projects should be
evaluated and reported in accordance with ER 1130-2-3349 and those
found to be incompatible with state standards should be studied in
further detail to determine the justification for upgrading such
releases and to establish an appropriate course of action.
Recommendations to modify a project to comply with state water
quality standards must be based on a thorough analysis to insure
that the best uses of the available resources are obtained. The
analysis should include effects on project purposes, technical
feasibility, environmental considerations, reasonableness of
alternative actions and economic impacts. Any action proposed by
the Corps should be on the basis that it is engineeringly feasible,
socially acceptable, and, in the broadest sense, economi~cally
justified. Federal reservoirs are not required to make low flow
releases to meet downstream requirements in response to State
regulations. However, such releases are made as long as such
requirements do not interfere with authorized purposes.

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EP 1165-2-1
28 Sep 79

10-19. Dam Operations Management. Corps of Engineers dams are
managed in accordance with the safest and most effective criteria
and procedures that can practicably be established. Projects are
inspected at appropriate intervals for signs of weakness or distress
by trained personnel. A Dam Safety Plan is prepared for each dam
consisting of: an emergency notification procedure; a description
or list of conditions leading to emergency 'situations and way of
dealing with them; reservoir de-watering procedure; dam failure
inundation maps; a listing of location, types, and quantity of
emergency repair materials and equipment; details outlining
responsibilities for inspection and execution of emergency repairs;
and, a list of contractors available within a reasonable distance of
the dam. (ER 1130-2-419)

10-20. Energy Conservation. Executive Order 12003 dated 20 July
1977 requires all Executive agencies to develop ten-year plans for
energy conservation with respect to Government buildings, as
provided by Section 381(a)(2) of the Energy Policy and Conservation
Act (42 USC 6361(a)(2)). Executive agencies are also required to
submit an overall plan for conserving fuel and energy in all
operations of the agency. The Army Energy Plan, set forth both
short and long range goals for the Army consistent with the
presidential guidance in Executive Order 12003. The Department of
the Army established the goal, to reduce total facility energy
consumption by at least 25 percent by FY 85 and by 50 percent by FY
2000 using FY 75 as the base year. Other goals are:

o Reduce FY 85 average annual energy consumption per gross
square foot of floor area by 20 percent in existing buildings
compared to FY 75.

o Reduce FY 85 average annual energy consumption per gross
square foot of floor area by 45 percent in new buildings compared to
FY 75.

o Derive 10 percent of Army facility energy from coal and refuse
derived fuels by FY 85.

o Derive 1 percent of Army facility energy from solar energy by
FY 85.

o Eliminate use of natural gas by FY 2000.

o Reduce facility use of petroleum fuels by 75 percent by FY
2000.

-10-12

EP 1165-2-1
28 Sep 79

All goals and objectives as contained in the Army Energy Plan apply
fully to all elements of the U.S. Army Corps of Engineers including
Civil Works. The Army Facilities Energy Plan (AFEP) implements the
Army Energy Plan. This plan provides a planning methodology and
information for use by Major Army Commands (MACOMS), to insure that
comprehensive and consistent plans are developed throughout the
Army. The AFEP provides guidance to MACOMS and its installations
for the completion of installation facilities energy plans (IFEPs).

10-13

EP 1165-2-1
28 Sep 79

CHAPTER 11

NAVIGATION

11-1. Federal Interest/Objectives. General public interest in
navigation antedated the writing of the United States Constitution.
However, legal analyses usually begin with the Commerce Clause and
subsequent Supreme Court decisions defining the Federal interest and
rights to regulate navigation and accomplish necessary improvements
on our navigable waterways. Navigable waterways remain a major
means of commercial transportation. The physical nature of
waterways and their importance to the Nation within the overall
transportation network structure justifies continuing Federal
responsibility for navigation improvements.

a. Objectives. Objectives of navigation improvements include
the following: assist in the development, conduct, safety and
efficiency of waterborne commerce - interstate and foreign; meet the
need of recreational boating; promote the production and harvest of
seafood; enhance environmental quality; encourage expansion of
existing and development of new industrial and agricultural
production; enhance fish and wildlife resources; enhance social
well-being. Federal improvement in the interest of navigation must
be in thp genral public interest and must be accessible and
available to all on equal terms.

b. Types of Improvements. Federal practice pertaining to
navigation improvements, which has developed over the years on the
basis of Congressional actions, extends only to providing waterway
channels, anchorages, turning basins, locks and dams, harbor areas,
protective jetties and breakwaters, of dimensions adequate for
movement of vessels efficiently and safety between harbors and other
areas of use. The provision of facilities such as docks, terminal
and transfer facilities, berthing areas, and local access channels
are the responsibility of local interests. Federal concern does not
extend to providing free and unrestricted use of unlimited,
obstructionless water areas. The navigational authorities available
to the Corps of Engineers do not cover waterway improvements to J
provide navigation access to privately owned facilities (including /
commercial marinas); access to restricted membership yacht clubs and
similar establishments not open to the general public on equal
terms; improvements to enhance and primarily benefit land
development schemes; waterway cargo transfer and lightering
facilities; and barge fleeting areas. Policy and procedures for the
development of water resources in the interest of navigation vary\
with the type of expected use of the improved waterway or harbor.
These types may be summarized as follows:

11-1

EP 1165-2-1
28' Sep 79

(1) Inland Waterways, including improvement of natural r ivers
for navigation by open-channel methods; construction of locks and
dams; and construction of canals.

(2) Deep-draft Harbors and Channels, including improvement of
natural harbors and channels or construction of new harbors and
channels on the sea and Gulf coasts to meet the requirements of
ocean-going shipping and similar improvements on the Great Lakes.

(3) Small-boat Harbors and Channels, including improvement or
construction of small-boat harbors and channels for commercial and
sport fishing, general recreational boating, and for use as harbors
frefuge.

c. Federal Assumption of Maintenance Responsibility. Specific
authorization by Congress is required to assume maintenance of
channel improvements provided by others which extend beyond the
limits of authorized projects. Performance of work outside project
boundaries for other Federal agencies is accomplished on a
reimbursable basis. (ER 1140-2-302)

d. 'Projects involving Grants, Reimbursement, or Credits for
Navigation improvements Accomplished by Others. There is no general
Outhority available to the Chief of Engineers whereby a grant orW
pontribution of Federal funds can be made for navigation features or
'~ avigation benefits of a project to be constructed by another agency
or by local interests. The Chief of Engineers cannot reimburse, or
7in any way credit, local interests for their expenditures on
navigation improvements which they undertake prior to the approval
and adoption of a project, unless specifically authorized by the
Congress to do so.

11-2. Navigable Waters of the United States. The term "navigable
waters of the United States" is used to distinguish those waters
over which certain Federal powers may be exercised. Its meaning has
been developed and expanded over the years by the Federal courts,
and now encompasses a variety of factors. The definition applied by
the Corps of Engineers is in close conformance with the tests used
by the Federal courts, and requires that a careful study be made 'to
determine whether a particular waterbody is actually navigable. The
report by the District Engineer, and determination made by the
Division Engineer, are to be distinguished from declarations or
findings of navigability made by State agencies or courts, or even
by other Federal agencies, since the relevant objectives or
responsibilities are often quite different among different
governmental units. (ER 1165-2-302; 33 CFR 329)

11-2

EP 1165-2-1
28 Sep 79

a. Definition. Navigable waters of the United States are those
waters, which are subject to the ebb and flow of the tide, and are
presently, or have been in the past, or may be in the future
susceptible for use to transport interstate or foreign commerce.
(33 CFR 329.4)

b. Geographic and Jurisdictional Limits.

(1) Rivers and Lakes. Federal regulatory jurisdiction, extends
laterally to the entire water surface and bed of a navigable
waterbody, which includes all the land and waters below the ordinary
high water mark. (33 CFR 239.11(a))

(2) Ocean and Tidal Waters. The Corps regulatory jurisdiction
includes all ocean and coastal waters generally within a zone three
nautical miles seaward from the coast line. For bays and estuaries,
jurisdiction extends to the entire surface and bed of all
waterbodies subject to tidal action. This includes marshlands and
similar areas insofar as those areas are subject to inundation by
the mean high' tidal waters.- The base line from which the
territorial sea is measured is specified in the Convention on the
Territorial Sea and the Contiguous Zone. (15 UST 1606; TIAS 5639;
33 CFR 329.12)

(3) Upper Limit of Navigability. At some point along its
length, a navigable waterbody will change its character and lose its
real or potential physical ability to support commerce. That upper
limit point where the waterbody ceases to be a navigable water of
the United States is usually termed the "head of navigation". (33
CFR 329.11(b))

(4) Jurisdiction. Actions which modify or otherwise affect the
course, location, condition or capacity of navigable waters are
subject to the Corps regulatory jurisdiction whether such actions
occur within or outside the navigable areas.

c. Determination. The Division Engineer makes a determination
as to whether a waterbody is a navigable water of the United
States. His determination is based on a report of findings prepared
by the District Engineer, accompanied by an opinion of the District
Counsel. (33 CFR 329.15)

11-3. Benefit Evaluation for Inland Waterways and Deep-Draft
Harbors. The principal benefits utilized in the justification of
navigation projects are transportation savings. Other benefits may
include such items as reduction in losses due to hazardous or
inadequate operating conditions, enhancement of land values from

11-3

HP 1165-2-1
28 Sep 79

ILand jJJ~ iational defense, flood control, bank stabilization and
-6ore protection. (See para 5-8 regarding the use of the WRC
planning manual).

a. Transportation Savings. The determination of transportation
savings requires delineation of the trade territory served by the
improvement under consideration, the types and volumes of
commodities shipped into or out of the tributary area; the supply
and demand for such commodities; the volumes of commodities that
would reasonably move over the waterway improvement under study, and
the size and characteristics of vessels used in the transportation
of the commodities, projected over the-project life.

b. Basis for Evaluation. The basis for evaluation of
navigation benefits for inland waterways is Section 7(a) of the
Department of Transportation Act of 1966 (P.L. 89-670). This Act
requires that each Corps water resources study will include an
estimate of savings to shippers via the considered waterway,
measured as the product of the estimated waterway traffic and the
estimated unit savings to shippers from the movement of that traffic
via the waterway'. The unit savings will be measured as the
difference between the rates shippers are actually paying for
transportation at the time of the study and the rates they would pay
for transportation via the improved waterway. The evaluation of
benefits from improvements to serve deep draft navigation generally
involves the consideration of reduction in vessel operating cost
(including fuel consumption economy) made available by the
improvement of existing channels or the provision of new channels,
anchorage areas, and turning basins. In studies of deep draft
navigation, it is customary to distribute benefits on United States
coastwise traffic between shipping and receiving ports to avoid
duplication-.of benefits on independent project justifications for
further channel deepening. Coastwise prospective benefits are
apportioned 50 percent to the proposed port improvement and 50
percent to the shipping and/or receiving port that would have to be
improved in order to receive such benefits. Benefits on foreign
traffic are credited fully to the improvement under study.

c. Estimate of Savings. The estimate of savings for inland
waterways is developed by comparing the full charges for movement
from origin to destination via the prevailing mode of transportation
with the full charges via the waterway being studied. The charges
for each mode include all applicable handling, switching, and
accessorial charges. Net differences in inventory, storage or other
costs due to the change in transportation mode are recognized. The
alternative modes of transportation used in estimating savings to
shippers are those actually in use at the time of 'the study for

11-4

EP 1165-2-1
28, Sep 79
moigthat traffic. Weethewoul tare noexisting traffic movements,
it is asuethttesiprwudakadvantage of the mode
affording him the lowest total charges. For deep-draft harbors, the
estimate of savings is developed primarily by computing the
difference in vessel operating cost for cargo movement on the
existing project with those movements resulting from improved
navigation conditions. Alternative transportation mode analysis is
generally not performed in the computation of savings for deep-draft
harbors, except where landside transportation becomes a factor for
alternative port considerations.

d. Rates to be Used.

(1) Waterway Rates. Often there will be no existing rates for
waterway movement over the proposed waterway. Inland waterway rates
are based on water-carrier rates or charges existing elsewhere at
the time of the study which are most nearly applicable to the tow
characteristics, waterway characteristics, commodity types and
volume of expected traffic on the improved waterway. Use is made of
water-carrier tariffs filed with the Interstate Commerce Commission,
State regulatory agencies, and of unpublished data secured from the
transportation industry, including barge-line operators. Rates and
charges based on these sources, if applicable, may be applied
I. ~~directly to the 'waterway under study by establishing the
relationship between prevailing waterway rates and the estimated
cost of movement (including normal return on investment) via the
least cost alternative mode (and routing), And in turn applying this
relationship to the estimated cost of movement on the considered
waterway. In deep-draft port studies it is usual to estimate for
each commodity movement the transportation cost with and without the
facility. This requires data on the characteristics and costs of
the ships currently carrying the commodities under study. Identical
data for prospective vessels must also be determined.
(ER 11 20- 2-114)

(2) Rates for Alternative Modes. Where commodities are
currently moving via the alternative mode, and the volume and
characteristic of the movement are similar to those of the proposed
waterway movements, the prevailing rates for moving the traffic are
used for comparison with the waterway rates. If the rate for the
prevailing movement is not available or if the characteristics of
the movement via the present mode differ from those anticipated on
the waterway, charges via the present mode must be constructed. The
constructed rates are based on a sufficiently large sample of
existing rates to assure that they are reasonably representative.
Constructed rates are based on the characteristics of those
published rates existing within the trade territory which are
similar to the type and volume of the expected waterway movements.

11-5

EP 1165-2-1
28 Sep 79-

In selecting rates f or use as prevailing rates, or for constructing
rates, care should be taken to consider rates actually in use. (ER
1120-2-114)

e. Systems Analysis of Inland Waterways.

(1) A total systems approach for planning, operation,
maintenance, and improvement of inland waterways is desired.
Analysis of the inland waterway on a system basis requires
determining the performance of the waterway as a whole, and the
interacti~on-and interrelationships of its component parts under
various assumptions about the economic and technical environment
within which it will be operating. There is a need to maximize the
operating efficiency of the navigation system as it presently
exists, and all reasonable means must be utilized for best
scheduling of improvements. Proper sequencing of construction can
greatly enhance the efficiency of a system, thereby significantly
improving the return on the capital expended on its construction.
Accordingly, systems analysis should not only be used in~ the
planning and design of a recommended navigation improvement but also
in its schedule for construction. These systems interrelationships
are made known to Congress when it is time for authorization of
construction funds.

(2) until a complete systems analysis technique becomes
operational, studies made under the 1909 Act will include a systems
analysis with benefits apportioned to the various segments of the
total waterway used. Additional guidance should be obtained from
OCE as appropriate.

f. Existing Carrier Loss of Traffic. The apparent loss of
traffic by existing carriers from diversion of traffic to a waterway
is not applied as a reduction of benefit. The Chief of Engineers
considers that there is an over-all economic gain to the nation when
transportation is made available to the public at lower cost and
that, as has happened in most such cases, benefits to overland
carriers from feeder and transfer traffic developing as a result of
developing or improving access and the use of a waterway will in the
long run offset losses by overland carriers of shipments suited to
water movement.

g. Rate Reductions by Competitors. Rate reduction by competing
carriers in an effort to retain traffic suited to water movement
would be a benefit to the shipping and receiving public served by
those carriers. The Corps of Engineers does not, however, include
such rate reductions as benefits from a prospective waterway because
they are unpredictable and may be offset if carriers correspondingly

11-6

EP 1165-2-1
28 Sep 79

increase rates on commodities not suited to water movement or in
areas not subject to competition by water transport. In considering
benefits of navigation projects, the actual traffic which would
develop on a waterway may be less than that originally estimated if
competing carriers reduce rates to discourage use of the waterway.
This possibility is recognized by the Corps of Engineers. In
practice, it is impracticable to forecast the extent of competitive
rate cutting and the amount by which estimated prospective commerce
will be affected.

h. Regional Benefits. Section 140 of Public Law 94-587
authorizes the inclusion of regional economic development benefits
for purposes of computing the economic justification of navigation
projects which were authorized prior to 22 October 1976. The
benefits can be included in any economic analysis which was underway
on 22 October 1976. These benefits are generally at the expense of
other regions of the country which could have been the site of the
affected activities. Such transfers result in no additional net
benefits contributary to project justification from a national
perspective (NED). However, economic analysis which indicate a
strong liklihood that the project induced regional benefits may also
be of national significance (NED), are referred to OCE for early
review.

11-4. Evaluation of Small-Boat Harbors and Channels. Benefits from
improvements to serve commercial fishing are measured in terms of
increased catch due to eliminating lost time, prevention of damage
to boats, reduction of operating expenses, elimination of fish
spoilage, and similar items. The net benefit from increase in catch
is taken to be the value to the fisherman after deducting operating
expense, including labor. Benefits to other small commercial craft
are measured as savings in operating cost, transportation savings,
and similar benefits. Policies for the development of water
resources in the interest of commercial fishing and other small
commercial craft conform, in general, with those presented for
inland waterways and deep draft harbors and channels. By Act of
10 February 1932 (47 Stat. 42, 33 U.S.C. 541), the Congress expanded
the aetinition of waterborne commerce to "include the use of
-wterwavs by seasonal passenger craft, yachts, houseboats, fishing
' boats. motorboats and other similar watercraft, whether or not
loperated for hire." Recreationa navuiat-nn benefits are taken as
Rqual to the net return on the depreciated investment in boats
received by owners of equivalent for-hire boats. unarrer fisning
craft benefits are considered similar in character to owner-operated
recreational craft although higher return percentage factors may be
applied when fully substantiated. In certain cases, it might be
also demonstrated that national benefits would occur due to

11-7

EP 1165-2-1
298Sep 79

increased utilization of unemployed or underemployed labor involved
in the operation of the charter fishing craft. Such benefits are
considered valid when they represent a net gain for conditions with
the improvement compared to conditions without. These benefits are
not creditable if alternative earning opportunities would be
available without the project improvement. A small boat harbor
improvement may provide benefits to permanently mo ored craft,
transient craft, and boats launched into the harbor waters by
trailer or other means from dry, landside storage.' For benefit
computation purposes, transient and launched boats are converted
into an equivalent number of permanently based wet-berthed boats.
(EM 1120-2-113)

11-5. Harbor of Refuge. A harbor of refuge is a naturally or
artificially protected water area that provides a place of relative
afety or refuge for boats, coimmercial and recreational, traveling
along the coast or operating in the region. Provision of harbors of
refuge is considered entirely distinct from the development of new
or existing harbors principally intended to be the home ports of
recreational craft or the bases used by commercial fishermen. It is
also distinct from the provision of facilities solely for mooring,
wintering, repairing, fueling, and supplying small boats.

a. Design Considerations. Although harbors of refuge area are
sometimes combined with other harbors, it is evident that refuge
harbors can satisfy their safety purposes with less protection (less
calmness of waters) than is preferred for the'daily operation of
permanent berthing and mooring facilities. It is desirable that the
harbor of refuge be constructed so that it would be possible to
enter and anchor safely under all but the extreme storm conditions.
Normally, the harbor of refuge need have available only the minimum,
basic essential facilities for simple replenishment of fuel and
supplies and a means of communication with local medical and repair
services.

b. Benefits. A suitable harbor of refuge can provide both
tangible and intangible btnefits. Tangible benefits include
reduction in storm damages to vessels and their number of
accidents. Prevention of vessel damages for normal navigation
conditions without the project are not included as Harbor of Refuge
benefits. Intangible benefits may also be obtained due to
preservation of life and limb and longer boat life. in determining
potential harbor of refuge benefits, consideration is given to the
remoteness of the area:, the distance to adequate shelter and hazard
reputation of the region.

11-6. Dredged Material Disposal. In planning new navigation
projects, the present policy is to require local interests to
provide without cost to the United States All suitable areas

EP 1165-2-1
28 Sep 79

required for initial and subsequent disposal of dredged material andy
all necessary retaining dikes, bulkheads and embankments therefor,
or the costs of such retaining works. Also see Chapter 9, paragraph/
9-8. (EM 1120-2-101) /

a. Land Enhancement from Placement of Dredged Material. The
only net enhancement benefit credited to a navigation improvement is
the value of new or filled land created by disspos aof---mat-r-i-al
dredged from the Droject area. The net tangible benefit frol such
land attributable toJ teTjct is measured in terms of the t ,t
increased market value or the cost of equivalent fill, whicheve- is
less, exclusive of development costs and any additional costs c
depositing the dredged material. Non-Federal interests must pro ide
a cash contribution of 50 percent of construction costs all c te, to
land enhancement from placement of dredged material. Howeve. at
harbor projects, if the enhanced lands will benefit the project
sponsor or users, a contribution of 100 percent of the cost
allocated to that enhancement is required. Also, see paragraph
11-15 regarding local cooperation requirement that the local
sponsoring agency retain fee ownership of lands created for
development of port facilities.

b. Restriction on Ocean Disposal. Section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (P. L. 92-532)
states that, subject to certain provisions, and after notification
to the Administrator of the Environmental Protection Agency, the
Secretary of the Army, "may issue permits, after notice and
opportunity for public hearings, for the transportation of dredged
material for the purpose of dumping it into ocean waters, where the
Secretary determines that the dumping will not unreasonably degrade
or endanger human health, welfare, or amenities, or the marine
environment, ecological systems, or economic potentialities." Ocean
disposal in connection with Federal dredging projects may be
authorized by the Secretary using the same procedures required for
issuance of permits (para 21-2a(6)).

11-7. Lock and Dam Replacements. Section 4 of the River and Harbor
Act approved 5 July 1884 as amended by Section 6 of the River and
Harbor Act approved 3 March 1909-provides in part that whenever, in
the judgement of the Secretary of the Army, the condition of any of
the navigation works of the United States is such that its entire
reconstruction is absolutely essential to its efficient and
economical maintenance and operation, the reconstruction thereof may
include such modifications in plan and location as may be necessary
to provide adequate facilities for existing navigation: provided,
that the modifications are necessary to make the reconstructed work
conform to similar works previously authorized by Congress and
forming a part of the same improvement, and that such modifications

11-9

EP 1165-2-1
28 Sep 79

shall be considered and approved by the Board of Engineers for River
and Harbors and by the Chief of Engineers before the work of
reconstruction is commenced. Use of the 1909 authority will be for
essential repairs, rehabilitation, replacement, or reconstruction of
existing navigation structures which are required for continued use
of the project for authorized purposes and which do not change the
authorized project in scope, scale, or location. Also included
under the 1909 authority are measures to improve operational
efficiency such as modernization of operating equipment. The 1909
Act authority will not be used where it is determined that the
necessary reconstruction work includes improvements, additions, or
betterments which constitute a change in project purpose, size,
location, or increased capacity beyond that obtainable from improved
operational efficiency. District Engineers will examine from time
to time the structural and economic adequacy of existing locks,
dams, and other navigation structures to determine if they have
become obsolescent as set forth in the law and meet the criteria for
use of the 1909 authority. When appropriate, they will submit to
the Office, Chief of Engineers through the Division Engineer, a
request for authority to prepare a report. Operation and
Maintenance, General, funds are used to accomplish the necessary
studies, to develop all data needed and to prepare a report as basis
for authorization of the replacement project by the Secretary of the
Army. (ER 1165-2-301)

11-8. Drift and Debris Removal.

a. General Authorization. Section 202 of 1976 WRDA (Public Law
94-587) provides general authority for developing projects for the
collection and removal of drift and debris from publicly maintained
commercial boat harbors and from land and water areas immediately
adjacent thereto. The term "drift" includes any buoyant material
that could cause damage to a commercial or recreational vessel. The
term "debris" includes any abandoned or dilapidated structure or any
sunken vessel or other object that can reasonably be expected to
collapse or otherwise enter navigable waters as drift.

b. Maintenance Operations. Action by the Corps in removing
debris from navigable waterways is generally limited to the removal
and disposal from the authorized project limits and imm ediate
adjacent waterway areas (where the material may be carried into the
channel) in the interest of general navigation. Drift collection is
not accomplished in the slips of piers and wharves. Material lying
in the shallow areas outside of the channels or along the shore is
not gathered. Specific and limited local programs for continuing
debris collection and disposal have been authorized by Congress for
New York, Baltimore, and Norfolk Harbors; Potomac and Anacostia

EP 1165-2-1
28 Sep 79

Rivers in the Washington, D. C. Metropolitan area; and San Francisco
Harbor and Bay, California. These authorizations are on an
individual basis, and the work is carried out as authorized at each
locality as a separate, distinct project.

11-9. Cost-Sharing for Navigation. Federal participation in
navigation project costs is limited to sharing costs for the general
navigation features consisting of breakwaters and jetties if needed,
entrance and primary access channels, turning basins, and anchorage
* ~~areas. Non-Federal interests are responsible for and bear costs of
terminal facilities; dredging in berthing areas and interior access
* ~~~channels; acquisition of the necessary lands, easements,
rights-of-way; spoil disposal areas with retaining dikes; and hold
and save. They must also relocate and alter affected utilities,
* ~~pipelines, cables, and sewer outlets. They may also be required to
provide at least one public terminal open to the use of all on equal
terms. Additional local cooperation may be required because of
special benefits; such'as land enhancement from placement of dredged
material, betterment in bridge changes, and special limited-interest
facilities. Project proposals to Congress recommend a State
financing contribution of five percent of the construction cost.

4 ~ ~~a. Commercial Navigation. The Federal government bears all
costs of project construction, operation and maintenance, for
commercial navigation, because of the general or widespread nature
of the benefits. The Federal government maintains these waterway
improvements to assure their continued transit availability. For
transfer and lightering facilities and barge fleeting areas see
paragraph 11-14.

b. Recreational Navigation. The Federal government will assume
all pre-authorization planning and investigation costs, total costs
of navigation aids and not more than one-half of the first costs of
general navigation facilities serving recreational traffic. The
1970 River and Harbor Act made an exception, as noted below, for
projects that involve charter fishing craft. The general navigation
facilities are defined as including a safe entrance channel
protected by breakwaters or jetties if needed, protected anchorage
basins, turning basin, and major interior access channels leading to
the anchorage basin or locally provided berthing area. Non-Federal
interests bear one-half the construction cost of general navigation
facilities and provide all lands, easements, right-of-way, a public
wharf open to all on equal terms, and servicing facilities including
dredging at entire local costs in berthing areas and minor access
channels thereto, as well as providing necessary policing and other
services. Costs of bridge alternations strictly for recreation

EP 1165-2-1
28 Sep 79

navigation are apportioned in accordance with the procedures of the
Truman-Hobbs Act. Bridge alterations costs not apportioned to the
bridge owner are costs shared 50 percent Federal and 50 percent
non-Federal, the same as the costs of other general recreational
navigation facilities. Costs of operation and maintenance of the
general navigation features of a small boat harbor project is a
4 ederal responsibility established by Section 6 of Pub. Law 93-251.
(EKt 1120-2-113; ER 1165-2-25; ER 1165-2-310)

c. Charter Fishing Craft, Head Boats, and Similar
Recreation-oriented Comercial Activities. Section 119 of the River
and Harbor Act of 1970 (P.L. 91-611), states, "IThe Chief of
Engineers, for the purpose of determining Federal and non-Federal
cost-sharing, relating to proposed construction of small-boat
navigation projects, shall consider charter fishing craft as
commercial vessels." This Act applies only to cost allocation and
---ost apportionment and does not involve project formulation or
evaluation.

d. Cost-Sharing Policy for Navigation Projects with Exclusive or
Single Predominant User. (Para 11-10)

11-10. Navigation Project for General Versus Special Interest
Beneficiary. Section 2 of the River and Harbor Act of 5 June 1920
provides that the Chief of Engineers in recommending navigation
improvements shall make a determination of the general versus the
special interest in an improvement, and recommend an appropriate
sharing of costs between Federal and non-Federal interests. The
existence of only one present or prospective user at a proposed
navigation improvement has generally been considered to be evidence
that special or local benefits are involved within the intent of the
1920 Act. Basic policy provides for Federal establishment or
expansion of navigation waterways for general public use, and to
provide relatively broad public benefits. Users and others are
relied upon to construct their related facilities such as access
channels from the main channel to wharfside. Under this policy the
Federal participation in waterway undertakings varies from zero to
100 percent depending upon the nature of the services rendered, the
incidence of benefits to the general public, and the significance of
the proposed works compared to the total project.

-' a. Exclusive Use of Beneficiary. The Corps will not recommend
any Federal cost participation, establishment, or expansion of a
Federal project where the improvement would be capable of serving
only a single user firm or individual. This situation exists when
restrictive conditions of any sort permit the private user the
exclusive present and future enjoyment of the project improvement.

EP 1165-2-1
28 Sep 79

An example of such exclusive benefits would be where one commercial
entity controls all the land giving access to the navigation
improvement. (Also see footnote (2) of Table 11-1)

b. Initial Predominant Use. The Corps will withhold
recommending Federal participation in a significant increment of
improvement where one predominant beneficiary would be served at the
outset unless it can be firmly established that the improvement is
to be used beneficially by other shippers within a reasonable short
period of time (say 5 years). A significant increment is defined as
one involving major increases in project length and/or depth and
costs of at least 50 percent of the total project costs. Federal
participation may be recommended when one beneficiary would be
served initially, but a reasonable prospect exists for later
multiple use. "Multiple Use" is defined as regular use by vessels
(requiring the new project modification or improvement) serving a
user other than the first user. A public utility is treated as a
single user and vessel traffic to a single utility is not considered
multiple use. If the project improvement is a modification of an
existing project, multiple use exists only if the vessels serving a
user other than the first user will also require the improved
incremental project dimensions. The potential for other prospective
shippers is controlled by factors such as availability, ownership,
W ~~and suitability of adjacent waterfront land for development and
location by other industries or users; availability of land
transport and other essential service features; the area's economic
potential; and determination that no restrictive conditions exist
that would prohibit future use of the proposed improvement by others.

(1) Cost-Sharing Policy. Local interests shall contribute
annually, until such time as multiple use of the general navigation
facility actually occurs, 50 percent of the annual charges for
interest and amortization of the Federal first cost of the
improvement, exclusive of aids to navigation. For new channels or
extensions to channels, the required annual contribution shall also
include 50 percent of the operation and maintenance costs of the
improvement until such time as multiple use is established.
However, operation and maintenance costs for project modifications
that deepen existing Federal navigation channels will be at Federal
cost and not assigned as part of the required annual contribution.
This distinction is considered appropriate because of the difficul~ty
in realistically measuring incremental additional maintenance
costs. The requirement for annual contributions may end when the
Secretary of the Army determines that acceptable multiple use of the
project improvement has commenced. These cash contribution
requirements are in addition to the other regular established
requirements of local cooperation for commercial navigation

11-13

ElP 1165-2-1
28-Sep 79 Table 11-1
Single-User Cost Sharing Policy
Commercial Navigation Project

Degree of Federal Participation
Category of Initial Prospective Initial Operation &
Project Use Future Use Construction (1) Maintenance

New channel or Single-user Exclusive None(2) None (2)
extension to only (2) Single-user
existing channel

New channel or Single-user Reasonable 50% (3) 50% (4)
extension to prospect
existing channel additional users

Modification (5) Significant Reasonable 50% (3) 100%
to existing proportion of prospect
channel increment for additional users
single-user

Modification 100% 100%
progressive
' development (6)

New (Completed Single-user Reasonable None None
by non-Federal prospect
interests) (7) additional users

New (Completed Multiple-use Multiple-use None 100% (9)
by non-Federal
interests) (7)

(1) Federal cost participation in the construction and maintenance of the navigation
waterway improvement provided for general public use. Users or others provide related
facilities such as berthing areas, docks, terminal and transfer facilities, and local access
channels to wharfside and berths.

(2) Single commercial entity receiving exclusive benefit of shipment and/or receipt of
commerce via waterway improvement. The single user determination lies in the identity of a
single shipper or receiver, rather than the carrier of the commerce. No Federal
participation will be recommended for an improvement where restrictive conditions of any sort
(i.e. topography, ownership, laws, etc.) would permit the single private user the exclusive
present and future enjoyment of the benefits from the improvement, so that the improvement
would not be capable of serving more than the one user. This would be the case where one
commercial entity controls all the land giving access to the navigation improvement.

(3) Non-Federal interests pay 50 percent of the annual charges for interest and amortization
of the first cost of general navigation component until acceptable multiple use commences.

(4) Non-Federal interests pay 50 percent of maintenance cost until acceptable multiple use
commences. Thereafter, maintenance costs are borne by the Federal Government.

(5) Enlargement, realignment, or other betterment of existing Federal navigation project
involving increase in project depth and/or width.

(6) Progressive development includes nominal incremental extension "end of the line"
situations where part of the improvement is a last project increment reaching a last
additional user. The last user may be "at the end" in terms of length, depth, or width,
necessitating some project investment in his service alone. This is treated as multiple use
unless disproportionate incremental investment is required.

(7) Waterway previously constructed by non-Federal interests.

(8) Prior multiple use is a requirement for Federal assumption of maintenance responsi-
bility. Federal assumption of maintenance must be specifically authorized by Congress.

(9) Not retroactive. No Federal reimbursement for prior local expenditures. Federal
assumption of maintenance must be specifically authorized by Congress.

11-14

EP 1165-2-1
28 Sep 79

projects. See the accompanying Table 11-1 which summarizes cost
sharing policy for navigation projects with limited use.

(2) Single Carrier. The determination of exclusive or
predominant user lies in the identity of the shipper or receiver,
rather than in the mode of transportation (i.e., common and captive
carriers). Thus, if one or more common carriers served only one
shipper or receiver a single-user situation would prevail. However,
this would not apply if a single carrier served several shippers or
receivers.

c. Progressive Development. The general policy of Federal
interest and cost-sharing principles apply where several users would
be served at the outset or if additional users could be served
immediately after project completion. This policy also encompasses
the principles of progressive development to include: the situation
where the improvement is the last increment of project construction
reaching the last additional user; nominal incremental extension of
navigation where Federal interest has already been established; and
provision of justified service to additional users which reasonably
might have been incorporated in the existing project had the need
been foreseen at the time of its formulation. (Also see footnote
(6) of Table 11-1)

11-11. Collection and Release of Waterborne Commerce Information.

a. Collection. Waterborne commerce statistics is one element
in the Federal Shipping Statistic Program. Under the terms of the
Federal Reports Act of 1942 and the Budget and Accounting Procedures
Act of 1950, the Regulatory Policy and Reports Management Division
of the Office of Management and Budget and the Office of Federal
Statistical Policy and Standards in the Department of Commerce
coordinate the program. The Corps of Engineers collects and
compiles data on the domestic waterborne commerce; the Bureau of
Customs collects and the Bureau of Census compiles the data on
foreign waterborne commerce. The Bureau of the Census supplies the
foreign traffic information required by the Corps of Engineers.

b. Release of Data. The data collected from the vessel
operators will be held in strict confidence with the understanding
that it will not be disclosed and will be used only in the
compilation of port or waterway statistics. Dissemination of the
data is by publication in the annual publication titled, "Waterborne
Commerce of the United States." The public and other Federal
agencies may be furnished unpublished information. Under the terms
of the Federal Reports Act of i942, detailed data are furnished to
other Federal agencies. The Federal Reports Act differentiates

11-15

EP 1165-2-1
28 Sep 79

among Federal agencies, thus agencies which do not meet the terms of
the Act may not be supplied data having greater detail than the
published data. Data in greater detail than the published data may.
not be furnished to the public, including state, municipal or other
government agencies. Contractors of the Corps of Engineers or
Federal agencies designated in the Act, may be furnished detailed
data solely for use under the contract and subject to the above
restriction on confidentiality. Exceptions to this policy are
decided by OCE. (ER 335-2-1; ER 360-2-103)

11-12. Aids to Navigation. The installation and maintenance of
primary navigation aids in navigable waterways is the responsibility
of the U. S. Coast Guard, Department of Transportation. District
Engineers are authorized and directed to confer directly with the
District Commander of the Coast Guard with reference to the
establishment or alterations of suitable permanent aids to
navigation. The Corps is responsible only for those navigational
aids temporarily required because of construction operations, such
as buoys to mark dredging equipment.

11-13. Waterway User Charges.

a. Fuel Tax. Section 202 of the Inland Waterways Revenue Act
of 1978 (Pu=blic-Law 95-502) imposes an excise tax on fuel used by
certain commercial cargo vessels using specified inland or
intracoastal waterways of the United States. The tax applies only
to specific segments of the inland waterway system, and is excluded
from coastal harbors, Great Lakes channels and harbors, and
deep-draft sections of certain inland river systems. The fuel tax
starts October 1980. The tax cost per gallon schedule calls for
imposition of four cents 1980-1981, six cents 1981-1983, eight cents
1983-1985, and ten cents after 1985. This user charge in the form
of a fuel tax does not apply to deep-draft ocean-going vessels
(draft more than 12 feet); passenger vessels; State or local
government vessels used in official business, movement of LASH and
SEABEE ocean-going barges, or recreation craft. Sections 203 and
204 establish an inland Waterways Trust Fund and specify its use.
Fuel tax receipts are to be deposited in the Trust Fund. Amounts in
the Trust Fund are to become available for future construction and
rehabilitation for navigation.

b. Tolls. The Wiley-Dondero Act of 13 May 1954, authorizing
the U.S. p~ortion of the St. Lawrence Seaway, provided that tolls be
established for that international waterway, in cooperation with
Canada, to pay off debts and obligations of the Seaway Corporation
formed to construct and operate the U.S. portion of the Seaway.

11-16

1@ ~~~~~~~~~~~~~~~~EP 1165-2-1
28 Sep 79

C. Study of User Taxes and Charges. Section 205 of the Inland
Waterways Revenue Act of 1978 (Public Law 95-502) directs the
Secretaries of Transportation and Commerce to conduct a full and
complete study with respect to inland waterway user taxes and
charges. The study must be made in consultation with the
Secretaries of Army, Treasury, Agriculture, and Energy, the Attorney
General, Chairman of the Water Resources Council, and the Director,
Office of Management and Budget. The Act calls for a report to
Congress no later than September 30, 1981, with findings and policy
recommendations.

11-14. Transfer and Lightering Facilities, Barge Fleeting Areas.
Non-Federal interests are responsible for provision of mooring
facilities for the convenience of individual users or that are
associated with localized operations. Facilities for the purpose of
transfer of cargo between vessels and barge fleeting areas are a
non-Federal responsibility. The Coast Guard sets regulations for
lightering and designates those areas set aside for that purpose.
Barge fleeting areas are defined as mooring areas or temporary
anchorages used for assembling tows; making barge transfers between
p ~~~tows; transferring supplies; awaiting arrival of additional barges;
or serving as a barge holding area. Consideration will be given to
* ~~~providing barge mooring at Federal cost when it can be demonstrated
W ~~that such facility is required and necessary for safe and efficient
use of a Federal navigation project. Examples would be provision of
a mooring to permit reshaping a tow for (a) safe and efficient
* ~~~passage through a navigation lock; (b) safe passage through
congested Federal channel areas; or (c) safer passage crossing
exposed waters. The advance approval of the Chief of Engineers must
be obtained before such facilities are recommended at Federal cost.

11-15. Ownership of Lands Created for Port Facilities. Some
navigation project proposals include the filling of adjacent lands
by placement of the dredged material to provide lands suitable for
development of port facilities. Often development of these lands
for port use would be necessary to insure that the traffic used to
justify the navigation project would occur. It is the policy of the
Chief of Engineers that reports that include a proposal to fill
lands for-development of port facilities shall also incorporate a
local cooperation requirement that the local sponsoring agency will
retain fee ownership of those lands for the economic life of the
project. In addition, local interests shall be required to regulate
the use, growth and development of harbor facilities and limit
occupancy of the subject created lands area to those industries
whose activities are dependent upon water transportation.

11-17

EP 1165-2-1
28 Sep 79

11-16. Waterways Studies on National Scale. The National
Transportation Policy Study Commission completed its report to
Congress in summer 1979. The report covers all transportation modes
and their relationships. The National Waterways Study is being
conducted through the Institute for Water Resources. The study will
"identify and analyze alternative strategies for providing a
navigation system to serve the Nation's current and projected
transportation needs." The report is scheduled for completion in
1981.

*: 1

EP 1165-2-1
28 Sep 79

CHAPTER 12

FLOOD CONTROL

12-1. The Federal Interest. Congress, in the Flood Control Act of
1936, established as a nationwide policy that flood control on
navigable waters or their tributaries is in-the interest of the
general public welfare and is therefore a proper activity of the
Federal Government in cooperation with the States and local
entities. it provided that the Federal Government may improve
streams or participate in improvements "for flood-control purposes
if the benefits to whomsoever they may accrue are in excess of the
estimated costs, and if the lives and social security of people are
otherwise adversely affected." The 1936 And subsequent acts further
specified the details of Federal participation. These actions have
enlarged the scope of the Federal interest to include consideration
of all alternatives in controlling flood waters, reducing the
susceptibility of property to flood damage, and relieving -human and
financial losses. The encompassing term for this activity is "flood
plain management."

12-2. Fl ood Plain Management. Flood plain management (FPM) is a
W ~~continuing program, involving both Federal and non-Federal action,
that seeks a balance between economic use and environmental quality
in the management of the inland and coastal flood plains as
components of the larger human communities. The primary aspects of
flood plain management are reduction of damaging floods and
reduction of susceptibility of property to flood damages. The
former embraces the physical measures commonly called "flood
control"; the latter, includes the regulatory and other land use
adjustment measures exclusive of control of flood waters. By
controlling flood plain land use and development, flood plain
management regulations seek to reduce future susceptibility to floc
hazards and damages consistent with the exposure involved.

a. Flood Plain Management Service. The Corps is authorized by
Section 206 of the 1960 FC Act, as amended, to provide information,
technical planning assistance, and guidance upon request to both
Federal and non-Federal entities in identifying the magnitude and
extent of the flood hazard and in planning wise use of the flood
plains. It also administers studies which provide basic hydrologic
and damage information to the Federal Emergency Management Agency on
a reimbursable basis under interagency agreement. Direct response
and assistance of this kind are provided through the Flood Plain
Management Services Program.

0 ~~~~~~~~~~~~12-1

EP 1165-2-1
28 Sep 79

b. Executive Order 11988. This Executive order requires the
Corps to provide leadership and take action to: (a) avoid
development in the base flood plain unless it is the only
practicable alternative; (b) reduce the hazards and risk associated
with floods; (c) minimize the impact of floods on human safety,
health and welfare; and (d) restore and preserve the natural and
beneficial values of the base flood plain. In this regard, the
policy of the Corps is to formulate projects which, to the extent
possible, avoid or minimize adverse impacts associated with use of
the base flood plain and avoid inducing development in the base
flood plain unless there is no practicable alternative for the
development. If it is intended to locate or undertake an action in
the base flood plain, the Executive Order requires that a
determination be made whether a practicable alternative to the
proposed action exists. This requires the identification and
evaluation of alternatives that could be located outside of the base
flood plain (alternative sites); other means that would accomplish
the same purpose(s) as the proposed action (alternative actions),
and no action. Whenever no practicable alternative exists to
undertaking an action in the flood plain, appropriate steps must be
taken to minimize the impact of floods on human safety, health and
welfare, minimize any induced development likely to occur as a
result of the action, and restore and preserve the natural and
beneficial flood plain values. (ER 1165-2-26)

c. Measures to Reduce Damage Susceptibility. Section 73 of
Public Law 93-251 expresses Congressional policy and, in effect,
endorses Corps practice that consideration shall be given to
non-structural measures in planning for flood damage prevention or
reduction. Where a non-structural alternative is recommended,
non-Federal participation shall be limited to 20 percent of the
project costs. (ER 1165-2-122)

d. Modification of Federal Facilities. in planning or
modifying Federal facilities on flood plains and in disposing of
Federal lands and property, the Corps will follow the Flood Plain
Management Guidelines (43 FR 6030), 10 February 1978, issued by the
Water Resources Council pursuant to Executive Order 11988.

12-3. Flood Related Planning Policy. It is the policy of the Chief
of Engineers, to consider in the planning process all practicable
and relevant alternatives applicable to sound flood plain
management. No one alternative will be pre-judged superior to any
other. Positive actions are of two kinds. (ER 1120-2-117)

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EP 1165-2-1
28 Sep 79

a. Measures to Modify Floods. These include'dams and
reservoirs, levees, dikes, walls, diversion channels, bridge
modifications, channel alterations, pumping,, and land treatment.
All such measures reduce the frequency of damaging overflows.

b. Measures to Modify Damage Susceptibility. These include
flood forecasting and warning systems; temporary or permanent
evacuation and relocation; emergency flood fighting and financial
relief; land use regulations including floodway delineation, flood
plain zoning, subdivision regulations and building codes; flood
proofing with or without land use regulations; area renewal and
conversion to open space; and flood insurance.

12-4. Design Flood Criteria. The Corps policy in design of flood
control projects is to provide an optimum degree of protection
consistent with safety of life and property. The Corps seeks an
economically efficient degree of protection and land use in
agricultural areas, and acceptable reduction of risks and
preservation of environmental values in protecting other rural and
urban areas. Recognizing that catastrophic storms and floods are
unavoidable, flood design criteria have been defined as follows:

a. Probable Maximum Flood (PMF). This is the most severe flood
W ~~which can result from the most critical combination of precipitation
(and snow melt, if pertinent), minimum infiltration losses, and
concentration of runoff at a specific location, that is considered
treasonably possible" from a particular drainage area, based on
scientific hydrometeorological and hydrologic engineering analyses.
Probable maximum precipitation amounts are used to derive the
spillway design flood for large dams to insure their safety against
even a remote possibility of failure. The PMF is derived from
probable maximum precipitation (PMi'), which information is generally
available from the National Weather Service, NOAA.

b. Standard'Project Flood (SPF). The standard project flood
is the criterion or standard for the area upon which decision is
based as to the type and degree of protection required. it
represents the flood runoff that may be expected from the most
critical combination of precipitation (and snow melt, if pertinent),
minimum infiltration losses, and concentration of runoff at a
specific location, that is considered "reasonably characteristic" of
the region and drainage area involved, excluding extraordinarily
rare combinations. As a rule of thumb, the SPF peak discharge and
volume are usually equal to about 50 percent of the PMF for the same
basin, when the comparison relates to runoff from rainfall of
approximately four days or less. This 50 percent ratio does not

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EP 1165-2-1
28' Sep 79

necessarily apply to flood estimates for very large drainage basins,
to estimates governed largely by snow melt, or to areas with large
infiltration capacity.

c. Design Flood. This is a flood adopted for the design of
individual flood control works. It provides technically feasible
protection which normally is economically justified. The design
flood may be less than the standard project flood, depending upon
the residual flood hazard to life and 'health and other design
considerations including social and environmental objectives.

d. Level of Protection. On the assumption that an exceedence
of the design flow would cause a catastrophe, the standard project
flood (SPF) is the desirable minimum level of protection that should
be recommended for high levees, high floodwalls, and high velocity
channels in urban areas. Higher levels of protection, using design
floods up to the probable maximum flood (PMF) should be considered
in the plan formulation process and may be recommended if
incrementally justified.

e. Freeboard Allowance. Freeboard is the marginal height
provided on levees above design flow lines to insure, as fully as
practicable, against over-topping due to uncertainties in the state
of project maintenance or flood flow characteristics. No additional
protection or benefits are claimed for the effects of freeboard.4

12-5. Non-Structural Measures. In conducting feasibility studies
f or flood plain areas, all practical measures which may make
contributions to the two national objectives (NED and EQ) are
evaluated, regardless of the level of government responsible for
implementation. The Corps takes the lead in encouraging
participation by State and other Federal agen cies in solving
problems related to flood plain use. Reducing flood damages,
providing public park and recreational lands, and protecting the
natural values of waterways are compatible goals well suited to
joint study and an integrated solution involving other agency
programs affecting flood plains. The Corps may recommend
participation in non-structural measures consistent with Section
73(b), Public Law 93-251. However, participation in evacuation and
flood proofing of a single building or facility, or to a small
number of buildings or facilities, is recommended only when such
protection is a part of a'broader flood damage reduction plan being
implemented by the Corps. Recommendation of flood proofing measures
that would leave occupied buildings inaccessible during a flood are avoided.

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The Corps will acquire all necessary interests in real estate for
non-structural measures recommended as part of a Federal project.
When evacuation or relocation is recommended, fee title will be
obtained. Upon removal of incompatible structures and restoration,
title to the land will be conveyed to the State or local agency to
be used for project purposes. (ER 1165-2-122)

12-6. Major Drainage. Section 2 of the Flood Control Act of 1944
redefined flood control to include "channel and major drainage
improvement."

a. Major Outlets. Legislative recognition that the provision
of major drainage outlets is an essential part of and complement to
flood control improvements, is interpreted to permit major drainage
improvements of natural waterways and their tributaries, and of
existing artificial waterways. Major outlets are designated as
those for the drainage from an organized or contemplated drainage
district, groups of drainage-districts, or local governmental unit
such as county, town, or city. Normally, the Federal project for an
outlet drainage channel will consist of works in a -natural stream or
existing artificial waterway. However, new artificial drainage
channels may be constructed under the Federal program wherever that
procedure would be technically more effective, environmentally
sound, and would be more economical than improvement of existing
drainage courses.

b. Agricultural. In agricultural areas, collection of drainage
water is considered a local responsibility. This includes such 'Work
as ditching, diking, and grading, on farms and within local drainage
districts or governmental units. Federal outlets works may "tie"
into such local works. The first costs of major outlets are shared
equally; operation and maintenance is a local responsibility.

C. Urban. Flood damage reduction works in urban areas are the
adjustments in land use and the facilities (structural and..
non-structural-) desiened to reduce flood damaees in urban nrea&sfEram
iilcm-or backwater dueto major storms and snWmel Te
-include structural and other engineering modifications to natural N
streams or to previously modified natural waterways. In urban or
urbanizing areas, provisions of a basic drainage system to collect/
and convey the local runoff to a stream is a non-Federal/
responsibility. Water damage problems may be addressed under the
flood control authorities downstream from the point where the flood
discharge is greater than 800 cubic feet per second for the 10
percent flood (one chance in ten of being equalled or exceeded in
any given year) under conditions expected to prevail during the

12-5

EP 1165-2-1
28 Sep 79

period of analysis. Drainage areas of less than 1.5 square miles
shall be assumed to lack adequate discharge to meet the above
criterion. Exceptions may be granted in areas of hydrologic
disparity producing limited discharges for the 10 - percent flood
but in excess of 1800 cfs for the one - percent flood. (ER 1165-
2-21)

12-7. Local Cooperation and Cost Sharing. Congressional
authorizations of specific projects in the period 1936 - 1941
established the general Federal policy on cost sharing for flood
control projects. In the past the Corps has generally recommended
similar requirements in subsequent proposals. These requirements
are generally described below. However, new flood control projects
submitted for Congressional authorization recommend cost sharing in
accordance with paragraph 12-7e.

a. Major Corps Lakes. The Federal Government will assume the
total costs (including operation and maintenance) allocated to the
flood control function of major reservoirs.

b. Local Flood Protection. Local interests are required to
provide all lands, easements, rights-of-way and all alterations and
relocations to utilities, streets, bridges, buildings, storm drains,
and other structures and improvements; hold and save the United
States free from damages due to the construction works; and assure
operation and maintenance of the works after completion in
accordance with regulations prescribed by the Secretary of the Army
(33 CFR 208.10). These requirements are known as the "a-b-c"
requirements of local cooperation from their general description in
Section 3 of the 1936 FC Act. Whenever, the cost of required lands,
easements and rights-of-way exceed the construction cost of the
project, local interest may be reimbursed one-half of the excess
cost. Changes to railroad bridges and approaches are 100 percent
Federal expense as authorized by Section 3 of Public Law 526, 79th
Congress. Where a nonstructural alternative measure is -recommended,
non-Federal participation is 20 percentum of the project costs for
the nonstructural measures.

c. Special Cases. The Chief of Engineers has administratively
defined cost sharing policies for special cases, to provide
equitable and practicable Federal - non-Federal cooperation in the
following situations:

(1) Reservoirs having limited or local effectiveness and I
provided in lieu of local protection measures require the "a-b-c"
provisions;

12-6

_________~~~~.

EP 1165-2-1
28 Sep 79

(2) Projects providing windfall-type benefits of
"unconscionable" magnitude to a few beneficiaries are considered to
warrant special and equal cost sharing, usually as a cash
contribution, from the responsible local entity, in addition to
other requirements of cooperation. Suballocation of this added cost
is the responsibility of the local entity;

(3) Local interests are assigned the cost of covering flood
control channels when provision of the cover is not required for
safety or when it decreases net NED flood control benefits. (ER
1165-2-118)

(4) Special items of construction cost may be assigned to the
Corps or to local entities, depending on practical considerations of
construction' procedures, safety, and efficiency.

d. Regulation of the Flood Plain. Adoption and enforcement of
regulations for flood plain management is entirely a local
responsibility. The Corps cannot require flood plain regulation of
non-Federal entities as the sole action to be taken. However,
non-Federal entities may be required to adopt, enforce, and adhere
to a sound, comprehensive plan of flood plain management in project
overflow areas. In unprotected areas, local interests may be
required to adopt and enforce such regulations if they are necessary
to protect the Federal investment or achieve expected project
benefits. (ER 1165-2-21 and ER 1165-2-122)

e. Requirements for New Projects. In accordance with the
President's cost sharing policy (para 5-11b) authorization reports
proposing the adoption of flood control projects by Congress include
requirements that local interest provide a standard 20% contribution
for structural and non-structural measures. This contribution may
be in cash or may consist of lands, easements, rights-of-way,
relocations or other real property interests necessary to and a part
of the project and may be made prior to initiation of construction
in ten annual instalimifft's. In additi0on, th ey recommend a State
Lnancing contribution of five percent of the construction cost.

12-8. Flood Insurance. A National Flood Insurance Program is
available to protect the individual in covered communities from
financial disaster in the event of a flood. Insurance by definition
is economically inefficient because it reimburses for loss but does
not normally prevent the loss. Under the National Flood Insurance
Program (P.L. 90-448, as amended) insurance is subsidized, up to an
amount specified, on properties in areas designated as hazardous by
the Federal Insurance Administration. The land use control measures
required of communities to gain and maintain eligibility for flood
insurance are complementary to other flood plain management efforts.

12-7

EP 1165-2-1
28 Sep 79

Section 202 of Public Law 93-234 states that no Federal officer or
agency shall approve any financial assistance for acquisition or
construction purposes after July 1, 1975 for use in any area
identified by the Federal Emergency Management Agency as an'area
having special flood hazards unless the community in which such area
is situated is then participating in the national flood insurance
program. it is considered that this prohibition does not apply to
flood related activities of the Corps of Engineers.

12-9. Evaluation of Economic Benefits for Flood Control.
Floodplain management, including flood control and prevention, ca~n
contribute to the National Economic Development (NED) Objective by
improving the net productivity of flood prone land resources. 'This
occurs either by an increase in output of goods and services and/or
by reducing the cost of using the land resources-(improvement in
economic efficiency). The benefit standard is the willingness of
users (benefiting activities) to pay for each increment of output
from a plan. (ER 1105-2-351, also see para 5-8 regarding the use of
the WRO Planning Manual)

a. Evaluation Procedure. Each flood plain management plan
under consideration is evaluated on a with and without basis. The
without condition is that most likely to occur without the specific
plan and gives proper recognition of the effect of'the flood hazard
on the probable course of development. The adoption and enforcement
of appropriate land use regulations pursuant to the Flood Disaster
Protection Act of 1973 (PL 93-234) is assumed, both with and without
a Corps plan. For purposes of evaluating structural components of a
plan, rational economic use of the flood plain is assumed. Economic
rationality assumes that users of the flood plain will attempt to
maximize returns, and take actions with full knowledge of the flood
hazard. Benefits and costs are evaluated under prices existing at
the time of submission of the report to OCE.

b. Flood Control-Benefits. NED benefits are categorized
according to their effect as inundation reduction benefit,
intensification benefit, or location benefit. Inundation reduction
benefit is the value of reducing or modifying the flood losses to
the economic activity using the flood plain without any plan.
Inundation reduction benefits are usually measured as the reduction
in the amount of flood damages or related costs, (those which would
be voluntarily undertaken by economically rational individuals to
reduce damages). Intensification benefit is the value of more
intensive use of the land. As an example a shift from lower to
higher value crops or higher crop yields. Location benefit is the

12-8

EP 1165-2-1
28 Sep 79

value of making flood plain land available for a new economic use
(e.g., where a shift from agricultural to industrial use occurs).

c. Benefits from Evacuation or Relocation. NED benefits
resulting from evacuation and relocation plans consist of: benefits
from the new use of the flood plain; reduction of externalized flood
damages (damages absorbed by non-flood plain occupants); benefits
accruing to off-flood-plain properties adjacent to open space; and
increases in the market value of relocation sites. Relocation or
evacuation plans may be economically justified where:

(1) The use (with the project) of the flood plain in a way
compatible with the flood hazard (e.g., recreation) yields a higher
net economic return than the current use of the flood plain, or

(2) The current (without project) use of the flood plain has
greater costs than benefits from a national perspective and is
maintained either because of a lack of information on the part of
flood plain occupants or because part of the cost of flood damages
have been externalized.

Benefits are not claimed for relocating or evacuating new structures
which might locate on the flood plain without a project. (ER
1105-2-353)

12-10. Flood Emergency Operations and Disaster Assistance.

a. Public Law 84-99. Emergency activities pursuant to Public
Law 99, 84th Congress as amended by Section 206, of the Flood
Control Act of 1962, includes the following work whenever and
wherever required: flood emergency preparation; flood fighting and
rescue operations; emergency repair and restoration of flood control
works such as levees which are threatened or destroyed by flood;
emergency protection of Federally authorized hurricane and shore
protection works being threatened; and the repair or restoration of
Federal hurricane or shore protection structures damaged or
destroyed by wind, wave, or water action of other than an ordinary
nature. The authority under Public Law 84-99, as amended, was
expanded by Section 82, Public Law 93-251, which authorized
providing emergency supplies of clean drinking water to any locality
confronted with a source of contaminated drinking water causing or
likely to cause a substantial threat to the public health and
welfare of the inhabitants of the locality. Authorized emergency
activities are financed from an Emergency Fund authorized by Public
Law 84-99, to be replenished on an annual basis. (ER 500-1-1)

12-9

EP 11r65-2-1
28 Sep 79

(1) The provision of advance flood control measures by the'
Corps is supplemental to individual and local community:efforts,
rather than replacements for them. Corps protective and preventive
measures will generally be of a temporary nature designed to meet an
imminent threat. Permanent rehabilitation work to protect against
the threat of future disasters will be considered separately from
advance measures. A declaration of a state of emergency or written
request by the Governor of a State, is a prerequisite to furnishing
advance measures under Public Law 84-99. Local interests are
required to remove temporary works provided as advanced measures.

(2) It is Corps- policy that local assurances and appropriate
requests for assistance will be obtained. Local cooperation for
accomplishment of advance measures and rehabilitation works require
local assurances to (a) provide without cost to the United States
all lands, easements and rights-of-way necessary for the authorized
emergency work; (b) hold and save the United States free from damage
due to the authorized emergency work; and (c) maintain and operate
all the rehabilitation work after its completion. Additional
features of local participation should also be considered, as
appropriate, and included in the assurance agreement; e.g., the
removal of emergency flood control measures, after their purpose has
been served, is a local responsibility.

(3) Requests for providing emergency supplies of clean drinking
water are considered separately from the flood and coastal storm
emergency activities. Each application for assistance must be
presented by the appropriate authority of the State. The State and
locality must agree to mutual participation with the Federal
Government, on terms deemed advisable by the Chief of Engineers.

(4) Under Public Law 84-99, emergency funds may be expended
directly by the Corps for authorized purposes. However, there is no
authority under Public Law 84-99 whereby local interests may be
reimbursed for any of their costs for emergency operations
accomplished on their own behalf. Also Public Law 84-99 authority
and funds are not used in lieu of other appropriate continuing Corps
authorities.

b. Other Disaster Assistance. Disaster assistance beyond Corps
statutory authority will conform to the provisions of AR 500-60
which pertains primarily to military assistance. In the event of
Presidential declaration of a major disaster, or emergency declared
by the Administrator, Federal Disaster Assistance Administration
(FDAA), assistance to state and local governments is provided in
essential recovery operations when and as directed by the President

12-10

EP 1165-2-1
28 Sep 79

through the FDAA under the provisions of Public Law 93-288. The
Corps fully responds to all requests from the FDAA Administrator or
Regional Director.

12-11. Use of Storage Allocated for Flood Control and Navigation at
Non-Corps Projects. Section 7 of the Flood Control Act of 1944
requires the Secretary to prescribe regulations for the use of
storage allocated for flood control or navigation at all reservoirs
constructed wholly or in part with Federal funds. During the
planning and design phases, project owners consult with the Corps
regarding the quantity and value of space to reserve in the
reservoir for flood control and/or navigation. (ER 1110-2-241)

~~~ ~~EP 1165-2-1
2I_5 �"~ 28 Sep 79

CHAPTER 13

BEACH EROSION CONTROL AND HURRICANE PROTECTION

13-1. Beach Erosion Control.

a. Federal Interest. Before 19309 Federal interest in shore
erosion problems was limited to- the protection of Federal property
and improvements for navigation. At that time, an advisory "Board
an Sand Movem'ent and Beach Erosion" appointed by the Chief of
Engineers was the prinicpal instrumentality of the Federal
Government in this field. The need for a central agency to assemble
data and provide engineering experience regarding coastal protection
was recognized by Congress with creation of the Beach Erosion Board
authorized by Section 2 of the River and Harbor Act approved 3 July
1930 (P.L. 520, 71st Congress, 33 U.S.C. 426). The Board was
empowered to make studies of beach erosion problems at the request
of, and in cooperation with cities, counties, or states. The
Federal government bore up to half the cost of each study but did
not bear any construction costs unless federally owned property was
involved. An Act of Congress approved 13 August 1946 (P.L. 7279
79th Congress) established a policy of Federal aid in construction
costs where projects protected publicly owned shores. An Act
approved 28 July 1956 (P.L. 826, 84th Congress) amended that basic
beach erosion legislation to authorize Federal participation in the
protection of private property if such protection was incidental to
the protection of publicly owned shores, or if such protection would
result in public benefits. The R&H Act of 1962 (P.L. 87-874)
increased the proportion of construction costs borne by the Federal
government and made the total 'cost of studies a Federal
responsibility. An Act approved 7 November 1963 (P.L. 88-172)
abolished the Beach Erosion Board, transferred its review functions
to the Board of Engineers for Rivers and Harbors, and established
the Coastal Engineering Research Center. (ER 1165-2-130)

b. Definition. Under existing beach erosion control laws
Congress has authorized Federal participation in the cost of
restoring and protecting the shores of property on the Atlantic and
Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes,
estuaries and bays, directly connected therewith. The intent of
this legislation is to prevent or control shore erosion caused by
wind and tidal generated waves and current along the nation's coasts
and shores. Such adverse effect extends only the distance up
tributary streams where it can be demonstrated that the dominant
causes of erosion are ocean tidal action (or Gulf of Mexico and
Great Lakes water motion) and wind-generated waves. Beach erosion
control legislation does not authorize correction of erosion at

13-1

EP 1165-2-1
28 Sep 79

upstream locations caused by streamflows. Shore or beach damage is-
primarily the result of erosion by persistent littoral processes and
the battering action of abnormal waves occurring during storms.
Federal participation in construction cost is limited to restoration
of damaged beaches. Shore and beach damage resulting from Federal
-xigatvlion works is discussed in paragraph 10-9.

(1) Restoration and Protection. The term "restoration" was
substituted for "improvement" in the amendment of July 28, 1956
(Public Law 826, 84th Congress; 70 Stat. 702) so that the basis for
Federal concern became "restoration and protection." In connection
with this revised language, Committee reports of both the Senate'and
House Public Works Committees stated that:

"H.R. 11861 would substitute 'restoration' for 'improvement' as
the purpose of works to be eligible for Federal assistance.
This change is desirable, as the Committee believes that the
intent is to restore lost lands rather than to create new
lands..." (House Report No. 2544 and Senate Report No. 2691;
84th Cong.)

Accordingly, Federal participation is limited to restoration of-the
historic shoreline. It does not provide for Federal cost sharing in
extending a beach beyond its historic shoreline unless required for
protection of upland areas.

(2) Public Use. The term "public use", particularly of private
property, means recreational use by all on equal terms and open to
all regardless of origin or home area. Prohibited is any device for
limitation of use to specific segments of population, such as local
residents, or similar restrictions on outside visitors, directly or
indirectly. This definition allows a reasonable beach entrance fee,
uniformly applied to all, for use in payment of local project
costs. Normal charges made by concessionaires and municipalities
for use of facilities such as bridges, parking areas, bath houses
and umbrellas are not construed as a charge for the use of the
Federal beach project, as long as they are commensurate with the
value of the service they provide and return only a reasonable
profit. Fees for such services must be applied uniformly to all
oncerned and not as a prerequisite to beach use. Lack of
( sufficient parking facilities for the general public (including
non-resident users) located reasonably near and accessible to the
project beaches would constitute a de facto restriction on public
access and use of such beaches, thereby precluding eligibility for
Federal assistance,

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EP 1165-2-1
28 Sep 79

c. Cost Sharing. Federal participation is based on the shore
ownership, use, and type and incidence of benefits. If there is- no
public use or benefit, Federal funds can not be used. The first
costs allocated to restoration and protection of Federal property
are borne fully by the Federal government. Cost sharing for
multiple-purpose hurricane and beach erosion control projects is
presented in paragraph 13-2. The costs of lands, easements, and
operation and maintenance are Non-Federal. In addition to the cost
sharing described below new project proposals to Congress recommend
a five percent State financing contribution of five percent of the
construction cost. -(ER 1165-2-130)- -

(1) Non-Federal Shores. Federal participation is 50% of the
first cost of protection for shores owned by non-Federal public
agencies, exclusive of land costs. Protection of certain shores not
publicly owned may be eligible for Federal cost sharing up to 50%
provided it can be shown that there would be significant public
benefits arising from public use or from direct protection of nearby
public facilities, The Federal participation is adjusted in
accordance with the degree of public benefits.

(2) Park and Conservation Areas. 'Section 103 of the 1962 R&H
Act provides that under special conditions,- beach erosion protection
of a State, County, or other publicly owned shore park and
conservation area is eligible for Federal cost sharing up to 70
percent of the total project cost, exclusive of land costs. In
order for the maximum 70 percent Federal participation to be applied
to parks and conservation areas, all of the following specified
criteria must be met to the satisfaction of the Chief of Engineers.

-(a) The land must be publicly owned.

(b) The park must include a zone extending landward from mean
low water line which-excludes all permanent human habitation. This
excludes summer residences, but does not preclude residences of park
personnel or management and administrative buildings.

(d) The park must provide for preservation, conservation, and
developmenthof the natural resources of the environment.

(e) The park or conservation area- must extend landward a
sufficient distance to include protective dunes, bluffs or other
natural features which will absorb and dissipate wave energy and
flooding effects of storm tides. The purpose of this requirement is
to provide a protective buffer zone which would prevent damage of
upland property and development.

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EP 1165-2-1
28 Sep 79

(f) Full park facilities must be provided for appropriate
public use.

(3) Beach Use by Private Organizations. Federal aid to private
shores owned by beach clubs and hotels is incompatible with the
intent of P.L. 84-826. Actual use of these beaches is subject to
the limitation of club membership or to being a guest at the hotels,
even though the clubs or hotels may indicate that membership or
guest privileges are open to all on equal terms. Usually, these
establishments are operated for private profit or to restrict beach
use. They exclude all members of the general public except for
membership or paying guests. It is considered that their
facilities, including parking facilities therefor, are not open to
the general public. However, protection of such private shores must
sometimes be included when determined essential to a complete
overall project.

(4) Beach Erosion Protection for Lands Controlled by Another
Federal Agency. It is inappropriate that projects wholly for
protection of Federal lands (for example, military installations and
National Park Service lands) compete for funding under the Corps
civil works program in competition' with studies and projects
requested by non-Federal public agencies. The Corps should not be
placed in the position of defending the programs of another Federal
agency before OMB and the Congress. Costs or work specifically to
protect lands controlled by another Federal agency will be borne by
the agency concerned. The Corps will accomplish such work on a
reimbursable basis upon request (See Paragraph 9-10). An exception
would be a case wherein the lands in question involve only a minor,
but integral, part of the overall protection frontage. In such a
case, protection would be included to assure a complete overall
project.

d. Periodic Nourishment. No Federal contribution toward
project maintenance is authorized. However, the Act of 1956 (Public
Law 84-826) provides that Federal participation may be made toward
periodic beach nourishment when found to comprise a more suitable
and economical remedial measure for beach erosion control than other
construction. Corps recommendations for periodic beach nourishment
(sand replacement) are limited to the period specified in
authorizing documents. Section 156 of P.L. 94-587 allows extension
of the authorized period to 15 years if appropriate.
Preauthorization reports will generally recommend Federal assistance
in periodic nourishment for the economic life of the project.

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28 Sep 79

13-2. Hurricane, Tidal and Lake Flood Protection.

a. Federal Interest. The federal interest in projects to
protect against hurricane, abnormal tidal, and Great Lakes flood
damage is not explicitly defined by legislation. Congressional
authorization for Corps construction of such projects, on a
case-by-case basis, has essentially established the Federal
concern. Public use is not a condition for federal participation in
protecting against hurricanes. (ER 1165-2-130)

b. Definitions. Hurricane and tidal flooding result from
abnormal rises in tidal levels due to storms and from the inrush of
waters as a result of waves. Great Lakes flooding results from
storm-induced inundation superimposed on the ordinary cyclic changes
of the lake surface.

C. Cost Sharing. In accordance with the President's proposed
cost sharing policy, projects for Hurricane, Tidal and Lake Flood
Protection require the local sponsor to contribute 20 percent of the
construction cost. Previously it was Corps policy to limit the
Federal share of project cost to a maximum of 70 percent.
Successful protection against hurricane and tidal flooding on the
open coast frequently requires that the shoreline be concomitantly
stabilized against erosion. For multiple-purpose hurricane
protection and beach erosion control projects, Section 208 of the
1970 Flood Control Act provides discretionary power to the Secretary
of the Army acting through the Chief of Engineers to authorize a
Federal share up to 70 percent of the project costs exclusive of
land costs. Cases warranting such adjustments are to be submitted
to the Chief of Engineers for consideration. In addition, new
proposals to Congress recommend a State financing contribution of
five percent of the construction cost.

13-3. Evaluation. Measures for control of beach erosion and
protection against hurricane and tidal flooding may include benefits
from beach restoration, land loss and other physical damages
prevented, emergency and business costs avoided, enhancement of
property values, increased recreational usage, and prevention of
loss of historic or scenic aspects of the environment. Benefits are
measured as the differences in these values under conditions
expected with and without the contemplated control measures.

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13-4. Local Cooperation.

a. Local Sponsor. Formal assurances of local cooperation must
be furnished by a municipality or public agency fully authorized
under State laws to give such assurances and financially capable of ~
,fulfilling all measures of local cooperation.

b. Requirements. Local cooperation requirements for beach
erosion, hurricane protection, and projects with combined purposes,
are essentially similar. The sponsor must agree to:

(1) Contribute in cash the local share of project construction
cost.

(2) Provide without cost to the United States all necessary
lands, easements, rights-of-way, and relocations required for
construction of the project, including that required for periodic
nourishment.

(3) Hold and save the United States free from claims for
damages which may result from construction and subsequent
maintenance of the project, except damages due to the fault or
negligence of the United States or its contractors.

-(4) Assure continued conditions of public ownership and use of
the shore upon which the amount of Federal participation is based
during the economic life of the project.

(5) Assure maintenance and repair, and local share of periodic
beach nourishment where applicable, during the useful life of the
works as required to serve the project's intended purpose.

(6) Provide and maintain necessary access roads, parking areas
and other public use facilities open and available to all on equal
terms.

(7) Specific cases may also warrant assigning other additional
local responsibilities, such as providing appurtenant facilities
required for realization of recreational benefits.

13-5. Shoreline Erosion Control Demonstration Act of 1974. Section
54 of Pub. Law 93-251 authorized a national shoreline erosion
control demonstration program to demonstrate low cost methods of
controlling erosion at selected sheltered shoreline areas and
establishment of a shoreline erosion advisory panel (SEAP).
Provisions of the Act provide for a five-year program at a total
cost not to exceed $8,000,000.

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13-6. Technical and Engineering Assistance on Shore Erosion.
Section 55 of Pub. Law 93-251 authorized the Secretary of the Army,
acting through the Chief of Engineers, to provide technical and
engineering assistance to non-Federal public interests in developing
structural and non-structural methods of preventing damages
attributable to shore and streambank erosion.

13-7. Emergency Protection.

a. Section 14 of the Flood Control Act approved 24 July 1946,
P.L. 79-526, as amended, provides authority for the Secretary of the
Army to undertake emergency measures to prevent erosion damages to
endangered highways, public works, and non-profit public facilities
(paragraph 14-3). (ER 1105-2-50)

b. Public Law 84-99 provides authority to provide emergency
protection of Federally authorized and constructed hurricane and
shore protection works being threatened; and the repair or
restoration of Federal authorized and constructed hurricane or shore
protection structures damaged or destroyed by wind, wave, or water
action of other than an ordinary nature. (BR 500-1-1)

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CHAPTER 14

STREAM BANK EROSION CONTROL

14-1. Federal Interest. Remedial or corrective measures for bank
erosion should be considered in studies of regulating river flows.
However, except in serious cases affecting the general public
welfare, and as otherwise stated below, the Federal interest is
limited to bank stabilization measures required as components of
flood control, navigation and other water resources developments.
Costs of such components will be shared in accordance with the basic
policies applicable to the project functions served. Justification
may be judged in terms of economic and environmental damages
prevented or improvement of economic and environmental values,
whether the measures are independent or component parts of larger
systems of works.

14-2. Nature of Effects. Bank erosion causes loss of land and
monetary income therefrom, affects the tax base, pollutes streams,
depletes reservoir storage, silts up wetlands and estuaries, and
disrupts ecologic and economic activities. Control of such erosion
would alleviate these effects. However, practicable remedial
measures, limited to those that are economically justified, would
probably have only a limited effect on the overall impact of
naturally occurring bank erosion.

14-3. Special Continuing Authority.

a. Authority. Section 14 of the 1946 Flood control Act, as
amended, states that: "The Secretary of Army is hereby authorized
to allot from any appropriations heretofore or hereinafter made for
flood control, not to exceed $10,000,000 per year, for the
construction, repair, restoration, and modification of emergency
streambank and shoreline protection works to prevent damage to
highways, bridge approaches, and public works, churches, hospitals,
schools and other non-profit public services when in the opinion of
the Chief of Engineers such work is advisable: Provided, that not
more than $250,000 shall be allocated for this purpose at any single
locality from the appropriations for any one fiscal year."

b. Applicablility. The purpose of work under this authority is
to prevent flood or erosion damage to endangered highways, highway
bridge approaches, and similar, essential and important public
works, or non--pr'ofit public facilities. in addition to major
highways systems of national importance, eligible highways include

prinicipal highways, streets, and roads of significant importance

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to the community, such as arterial streets, important access routes
to other communities and adjacent settlements, as well as roads
designated as primary farm to market roads. "Public Works" means
those essential facilities which serve the general public and are
owned and operated by the Federal,-State or local government, such
as municipal water supply systems, and sewage disposal plants.
"Non-profit public services" are structures or related services
fully open and available to the general public such as churches, and
public and-private non-profit hospitals, and schools.
(ER 1105-2-50) - -

14-4. Streambank Erosion Control Evaluation and. Demonstration Act
of 1974, as:�amended. Section 32-of Pub. Law 93-251 as amended
authorizes $50 million for a national streambank erosion prevention
and control demonstration program. The program consists of an
evaluation of the extent of streambank erosion; developement of new
methods and techniques for bank protection, research on soil
stability, and identification-of the causes of erosion; a report to.
the Congress on the results of such studies and the recommendation
of the Secretary of the Army on means for the prevention and
correction of streambank erosion;-and demonstration projects..
Demonstration projects shall reflect a variety of geographical
and environmental conditions, including streams with naturally
occurring erosion problems and streams with erosion caused or
increased by man-made structures or activities. Prior to
construction non-Federal interests must agree that they will provide
without cost to the United States lands, easements, and
rights-of-way necessary for construction and subsequent operation of
the projects; hold and save the United States free from damages due-
to construction, operation;, and maintenance of the projects; and
operate and maintain the projects upon completion.

14-5. Technical and Engineering Assistance on Streambank Erosion.
Section 55 of Pub. Law 93-251 authorizes the Secretary: of theeArmy,
acting through the Chief of Engineers, to provide technical aid
engineering assistance to non-Federal public interests in developing
structural and non-structural methods of preventing damages;
attributable to shore and streambank erosion. : -

14-6. Streambank Erosion Resulting from Project Construction and,
Operation. . - '

See paragraph 10-10. -

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CHAPTER 15

HYDROELECTRIC POWER

15-1. Authority and Corps Responsibilities. Through various
statutes, Congress has directed consideration of hydroelectirc power
in water resource development plans. The Corps formulates
comprehensive plans which include consideration of hydroelectric
power, and submits recommendations thereon to Congress. Congress
has authorized projects that involved hydro-power development on the
basis of these recommendations. The Corps 67 hydroelectric projects
(as of March 1979) produce 25.8 percent of the nation's hydropower
capacity and 4 percent of the total United States electrical energy.

a. General Responsibilities. The various functions of
multiple-purpose water resource development projects are
interrelated, and operation for individual functions is coordinated
with operation for all functions. The Corps is responsible for
insuring the maximum sustained public benefits from each of its
projects for all desirable purposes, including power, as integral
parts of comprehensive plans for the regulation, control,
conservation and utilization of water resources. Consistent with
the project authorizations, this is a continuing responsibility
throughout the planning, design, construction, and operation
phases. Particular attention is given to the operation of projects
to obtain the benefits which were anticipated during the planning
stages. Within the scope of projects as authorized, the Corps is
responsible for determining the proper design and plan of operation
for each of its projects so that maximum sustained public benefits
will be obtained. Valuable assistance is obtained from other
agencies on special aspects such as expected market for power and
the value of the power. The Corps of Engineers must review data and
recommendations furnished by others and make such additional
investigations as are necessary so that its responsibilities are
fulfilled.

b. Additional Responsbilities. Congressional authorizations
include the responsibility for the Corps to operate projects under
its jurisdiction for all authorized purposes. The Corps is
responsible for determining the costs and annual charges of
recommended plans of improvement, allocation of those costs and
charges to functions served (except where provided otherwise by
law), maintaining cost accounting records, maintaining records of
project operations, and furnishing others such information as
required or appropriate. (EM 1165-2-102)

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28 Sep 79

15-2. Evaulation. (See para 5-8 regarding the use of the WRC
planning manual).

a. Justification. In determining the justification for
inclusion of power facilities, the following are considered:

(1) The power should be useable in, and adaptable to, the
requirements of the overall regional power load. The Federal Energy
Regulatory Commission (FERC) is consulted on this feature.

(2) Total project benefits should equal or exceed total project
costs. Economic costs of a project with power are usually expressed
as an equivalent annual'charge, consisting of interest on the
investment, amortization of the project investment in 100 years, and
operation and maintenance including major replacements and repairs.

(3) Power benefits'must equal or exceed the separable cost for
including power in the project.

(4) Comparability Test. The separable hydro-power costs should
be less than the costs of the most likely alternative means of
providing equivalent service in the absence of the project,
evaluated on a basis of taxes, interest, and other financial factors
comparable with the determination of the Federal project costs.

(5) Financial feasibility. Insofar as can be determined in
advance potential net revenues should be sufficient to repay power
costs. Costs allocated to power should be recoverable with interest
within a reasonable period. Administratively, the repayment period
has been set at 50 years. Thus, estimated revenues must be
sufficient to recover, within 50 years, the costs allocated to power
plus interest. Power is marketed by others. Information on
anticipated revenues is obtained from the power marketing agency.
Financial feasibility is reviewed as necessary whenever conditions
have changed materially from those under which the previous study of
financial feasibility was made. Financial feasibility questions are
referred to OCE prior to inclusion in survey reports. (EM
1165-2-109)

b. Benefits. The value of power to the users is measured by
the amount that they should be willing to pay for such power. The
usual practice is to measure the benefit in terms of the cost of

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HP 1165-2-1
28 Sep 79

achieving the same result by the most likely alternative means that
would exist in the absence of the project. In the absence of the
economically feasible alternative means, the value of the power to
users may be measured by any savings in production costs, increase
in value of product that would result from its use, or its net value
to consumers. Project power benefits include financing factors
related to the alternative source of power, public or private, that
would most likely be utilized to serve the same market area in the
absence of the project. The Alternative source is usually a new,
privately financed, modern, and efficient thermal power plant.
However, all likely potential alternatives are carefully examined.

(1) Unit power values, (dollars per kilowatt of capacity and
mills per kilowatt hour of energy) are obtained from the Federal
Energy Regulatory Commission, normally at field level.

(2) Interruptible Power Capacity. Operating experience
indicates 'that the installed capacity in excess of that considered
dependable may have a value. This "interruptible" power capacity
may be given a value on the order of one-half of the rate for
dependable capacity if acceptable to the marketing agency.

15-3. Cost Sharing. In multiple-purpose reservoirs under the
jurisdiction of the Corps the cost allocated to power is fully
repaid to the Federal Treasury by revenues collected by the
marketing agencies. The Chief of Engineers is responsible for
determining the costs allocated to the hydroelectric power function
except where otherwise required by law. It is Corps policy that all
purposes in a multiple-purpose project should share equitably in the
benefits of multiple-purpose development and that no purpose should
be subsidized by other project purposes to enable sale of services
at lower rates. By the interagency agreement of 12 March 1954, the
federal agencies, Department of the Interior, Army, and FPC (now
FERC) have accepted the Separable Costs-Remaining Benefits (SCRB)
method of cost allocation, as a preferred method of distributing
project costs. This method permits equitable allocations of
project costs to power for use as a basis for establishing power
rates. Objectives of the SCRB method are presented in paragraph
5-10. New proposals to Congress recommend a State financing share
of 10 percent of the construction cost allocated to power.

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28 Sep 79

15-4. Coordination with Other Agencies.

a. The Federal Energy Regulatory Commission. The Federal
Energy Regulatory Commission (FERC), in carrying out its functions
under the Federal Power Act, is concerned with all the elements
involved in determining power values. The Corps collaborates with
the FERC in evaluating power benefits on the basis of unit power
values developed by that agency. The authorizing legislation for
several specific projects has given responsibility for allocation of
costs to FERC.

b. Others. Federal, State and local agencies which would have
an interest in the power function or the possible effect of the
contemplated plan, are consulted. Views of interested and affected
agencies are considered and covered in Corps reports. Representa-
tives of the marketing agency are consulted.

15-5. Sale of Power. Under the provisions of Section 5 of the
Flood Control Act of 1944 (Public Law 534, 78th Congress) and other
acts, power developed at multiple-use reservoirs under the
jurisdiction of the Chief of Engineers is turned over to the
Secretary of Energy for marketing. Law requires that the Secretary
shall transmit and dispose of power and energy so as to encourage
the most widespread use at the lowest possible rates to consumers,
consistent with sound business principles. It also provides that in
the sale of power, preference is given to public bodies and
cooperatives. Agencies of the Department of Energy which market the
power are: The Bonneville Power Administration, Southwestern Power
Administration, Southeastern Power Administration, the Western Area
Power Administration and the Alaska Power Administration. Rates for
sale of power to recover allocated costs are established by the
marketing agency of the Department of Energy and approved by the
FERC.

15-6. Pumped Storage Power. Possibilities for pumped storage
developments are investigated in pre-and post-authorization planning
studies for the optimum development of water resources. Where
potentials exist, the engineering and economic aspects are reported
to a degree consistent with the nature and scope of the report. (EM
1165-2-110)

a. Integral Facilities. Integral facilities (usually a
conventional powerhouse with reversible units) are considered in
reports and recommended as a part of a Federal project when such
facilities are justified and represent the best development of the

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EP 1165-2-1
28 Sep 79

site. Adjoining plants (usually detached plants using the reservoirs
for an afterbay) which are similarly qualified, and the operations
would significantly affect to other project operations, may also be
included in the -recommended plan.

b. Adjoining Plants. Reports also take note of other possible -
adjoining pumped storage plants which might be developed near a
Federal project but which do not appear to require operation as an
integral part of the proposed Federal project. They are not
included as part of a Federal plan. Non-Federal interests may wish
to consider the construction of adjoining plants that could be
operated relatively independently of Federal project operations.
Such action requires application to the FERC for license under the
provisions of the Federal Power Act. The potential effect of such
proposals on Federal project operations is considered incidental to
processing of license applications. Non-Federal interests may,
however, be furnished readily available information concerning such
possibilities to facilitate their preparation of applications for
licenses. (EM 1165-2-110)

15-7. Partnerships. Although the Corps does give limited
assistance in formulating partnership proposals for consideration by
Congress, and does report to Congress on economic, financial, and
legal aspects, determination as to whether or not to adopt
partnerhip proposals are made by Congress. Under certain
circumstances, installation of hydro-electric power facilities at or
adjacent to Corps dams may also be authorized by a Federal Energy-
Regulatory Commission license. -

15-8. Provision for Future Power. Under continuing Congressional- �
authorities, penstocks and other facilities adapted to possible
future use in the development of power may be installed in any dam--
when approved by the Secretary of the Army on the recommendation of
the Chief of Engineers and the Federal Energy Regulatory
Commission. The decision to recommend provisions for future power
requires consideration of the additional cost involved, the
probability of future installation and other factors concerning the
potential and feasibility of the power development and marketability
of its output. The investigation should indicate the minimum
provisions, if any, required to avoid precluding future
development. Field level coordination is undertaken with the
Federal Energy Regulatory Commission concerning economic feasibility
and with the appropriate Department of Energy marketing agency.

;- 15-5

EP 1165-2-1
28 Sep 79

15-9. Control of Releases from Power Plants

a. Effects of Releases. Reservoir releases to provide peak
power service may result in a substantial change in the regimen of a
stream. In some cases, the change from relatively steady rates of
flow to frequent fluctuation may cause undesirable-effects.
Fluctuation may reduce the benefits from other reservoir functions,
such as recreation, pollution abatement, and water supply.

b. Mitigation. Positive means to prevent or reduce adverse
effects are considered in planning and project operation phases.
Tangible and intangible benefits may be obtained with measures such
as: modification in power output; location of a re-regulating
reservoir downstream; or acquisition of additional interest in lands.

c. Minimum Releases. Determination of the project power
capabilities will involve consideration of rates and volume of
minimum releases required for downstream purposes. Consideration of
downstream effects will also include requirements for limiting the
range and rate of stage and discharge fluctuations. Continued
attention is given to the effects of releases downstream and to
possibilities for modifications in project operations which will
have beneficial results. (EM 1165-2-106)

15-10. National Hydroelectric Power Study. Section 167 of Public
Law 94-587 authorized and directed the Secretary of the Army, acting
through the Chief of Engineers, to conduct a study of the most
efficient methods of utilizing the nation's hydroelectric power
resources. The primary objectives of this legislation is to obtain
an assessment of the nation's:

Physical potential for incresing hydroelectric capacity, and

Legislative and Administrative policies related to development
and operation.

The current authorization is for a 3-year study to be completed in
FY 1980. The study is national in scope, covering all 50 states and
Puerto Rico, subdivided into study regions corresponding to national
electric reliability council regions. The first area of
investigation will cover conventional hydroelectric power, small
scale, and pumped storage. All authorized and federally constructed
projects of the Corps of Engineers and other Federal agencies will
be included as well as undeveloped sites not authorized, including
the addition of power facilities to existing dams. The study will
also include policy and technical considerations for economic,
environmental, marketing, technical design, and legislative impacts.

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EP 1165-2-1
28 Sep 79

CHAPTER 16

RECREATION

16-1. Basis for Corps Participation.

a. Section 4 of the Flood Control Act of 1944, as amended.
This Act authorized the Chief of Engineers "... to construct,
maintain, and operate public park and recreational facilities at
water resource development projects under the control of the
Secretary of the Army, and to permit the construction, maintenance,
and operation of such facilities." It also provides that the water
areas of all such projects shall be open to public use generally for
boating, fishing, and other recreational purposes, and ready access
to and exit from such areas along the shores of such projects shall
be maintained for general public use when in the public interest.

b. The Federal Water Project Recreation Act of 1965 (P.L.
89-72), as amended. This act established development of the
recreational potential at Federal water resources projects as a full
project purpose.

(1) Section 2(a) specifies that benefits for recreation should
be included in the economics of a contemplated project, provided
that non-Federal public entities agree (lettpr of intent)-) to
participate in the recreation development. All purposes share in
Lthm-savns--f-mmm-multipie-p, rpiq e at~ n'-,~r

(2) Section 3(b) provides for inclusion, in recommendations for
project authorization, of land acquisition to preserve the
recreation potential of the project for a 10-year period, when no
local sponsor can be found.

(3) Section 9 limits the cost allocated to recreation and fish
and wildlife enhancement (excepting special types) to no more than
50 percent of the sum of the allocations to all project purposes.

(4) The Act further requires beneficiaries to bear part of the
costs of installing and all the cost for managing recreation
developments at Federal water resources projects. It also sanctions
collection of use fees for services by non-Federal agencies
administering the recreation resources of federal projects.
(ER 1120-2-400; ER 1120-2-404; ER 1130-2-400; ER 1165-2-400)

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28 Sep 79

16-2. Recreation Resources Management Objectives. The objective of
Corps recreation resource management activity is to insure continued
public enjoyment and maximum sustained use of lands, waters, forest
and associated recreational resources, consistent with their
designated resource use as approved in the Master Plan. These
actions emphasize the need for preserving and enhancing the quality
of the outdoor recreational potential created by water resources
projects for the benefit of present and future generations.
(ER 1120-2-400; ER 1130-2-400; ER 1165-2-400)

16-3. Development of Outdoor Recreation Facilities. outdoor
recreational facilities are provided at Corps reservoir projects and
at certain-non-reservoir projects subject to requirements of local
cooperation. in formulating water resource plans, consideration is
given to alternative scales of recreation development ranging from
the minimum facilities to optimum development. In the absence of
satisfactory local Agreement, Federal provision of facilities at
reservoirs is limited to the minimum needed for public health and
safety. Generally, this does not exceed provision of a turnaround,
guardrails, barriers, and minimum sanitary facilities at existing
road ends. No facilities are provided at non-reservoir projects or
at flood control impoundments creating incidental minor pools in the
absence of local participation. Recommendations for recreation
development do not exceed the scale for which a qualified sponsor
will furnish a written Letter of Intent of participation. (ER.
1120-2-404)

a. Development at Local Flood Control Projects. Recreation
facilities at structural local flood control projects comply with
the following policies.

(1) Recreation developments will be provided within the lands
acquired by local interests for the basic flood control project,
except as may be required for access, parking, potable water,
sanitation and related developments for health, safety and public
access.

(2) Recreation will not influence formulation of the project
which must attain a benefit/cost ratio greater than unity without
recreation.

(3) The level of recreation development will not increase the
Federal project cost by more than 10 percent without approval of the
--'Secretary of the Army prior to issuance of the District Engineers
report.

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EP 1165-2-1
28 Sep 79

(4) Facilities normally provided by private enterprise should
not be included for Federal cost sharing. Such facilities include:
boats, motors and attendant storages and repair facilities;
mechanical boat launching devices; supply stores, restaurants and
snack bars; bait and tackle shops; oil and gasoline dispensing and
storage facilities; motels; hotels; cabins; bicycles and attendant
storage and repair facilities; horses, riding stables and corrals;
boat docks, piers, and similar facilities for long-term berthing or
mooring of pleasure boats (except courtesy docks provided in
conjunction with public launching ramps); administrative buildings,
operations personnel residences, visitor centers (other than
information kiosks, amphitheaters, stadiums, shower buildings and
exhibit halls; decorative fountains and statuary; decorative lakes
or ponds for recreation or aesthetic reasons only; elaborate
playground equipment such as spray pads, wood and stone replicas of
forts, castles, etc; decorative promenades or boardwalks; bleachers
and dugouts; and courts.

b. Development at Other Non-Reservoir Projects. ,4-ovision of
outdoor recreation facilities at non-reservoir Droiectswill not
normally influence formulation of basic project scope or design;
hence the recreation nIrn.QP and n n prrn'dered incrementar.
Other non-reservoir projects include; breakwaters and jetties;
hurricance flood barriers: inland waterwpvm not classified as
reservoirs:- and nwhnut 1p rreated by Crors Drojects. Policy on
small boat harbors is outlined in Chapter 11.

c. Beach Erosion Control and Shore Protection Projects. Beach
erosion law (33 USC 426) limits Federal participation in beach
erosion control projects to a part of the construction costs of
restoration and protection of shores and beaches, based on public
ownership and use of the shore frontage. For these projects, other
recreation developments are entirely non-Federal responsibilities
except on Federally-owned shores. (ER 1165-2-130)

d. Facilities at Completed Projects. Funds are appropriated
for recreation development under a program known as Code 710,
(budget code). At completed projects, Code 710 funds are used for
construction of recreation facilities. The Corps has sufficient
authority to acquire additional lands for recreational development.
When lands are provided by local interests the value of those lands
may be credited towards the local cost of the facilities.
Administration policy regarding expenditures of Code 710 funds
requires that a non-Federal public agency enter into a contract with
the Corps and agree to pay for not less than 50% of the cost of
development and assume operations and maintenance responsibility for
the recreation area. Upgrading sanitary facilities to meet Federal
and State health standards may be undertaken at 100% Federal cost
where existing recreation areas are managed directly by the Corps.

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EP 1165-2-1
28 Sep 79

e. Plan for Future Recreation Facilities. In general, each
primary or major recreation area is initially developed to a level
of two-thirds of its expected ultimate potential. Plans are
maintained and updated showing facilities planned for future
development to meet the ultimate project recreation potential, to
achieve maximum consistency with authorized plans, and to insure
that planned future development is fully responsive to current
recreation and resource management policies. Lands designated for
future recreation development may be utilized for appropriate
interim uses until needed. (ER 1120-2-400; ER 1165-2-400)

16-4. Recreation Use Projection and Benefit Evaluation. (See para
5-8 regarding the use of the WRC planning manual.).

a. Projections. Projected recreation attendance at proposed
projects is based upon attendance at similar completed projects and
projections of population growth and resource carrying capacity.
(ER 1120-2-403)

b. Benefit'Evaliation. Recreation benefits are based on
implied willingness to pay. The values are net of induced costs to
both users and others. A single unit value is assigned per
recreation day regardless of whether the user engages in one
activity or several. The unit value, however, may reflect both the
quality of activity and the degree to which opportunities to engage
in a number of activities are provided. For projects authorized
subsequent to 24 October 1973, recreation unit day values may range
from 75� to $2.25 for general recreation usually associcated with
Civil Works projects. This includes activities such as swimming,
picnicking, hiking, bicycling, skiing, boating, and most warm water
fishing. Certain specialized activities may be valued between $3.00
and $9.00 per recreation day. Examples of these specialized
activities include big game hunting, white water canoeing,
specialzed nature photography, wilderness pack trips and similar
activities for which opportunities are limited, intensity of use is
low, or participation may involve a large personal expense by the
user. Recreation unit values for projects authorized prior to 25
October 1973, will continue to be those established in supplement
No. 1 to Senate Document 97. These values are 50� to $1.50 for
usual recreation and $2.00 to $6.00 for specialized acitivities.
When project evaluations are updated, using the current discount
rate, present day recreation values are used.

c. Recreation Use of Coastal Beaches. Measures for control or
prevention of beach erosion can produce tangible primary benefits
from increased recreational usage. Recreational benefits accruing to
individuals as a result of their visits to a beach are similar in
nature to benefits obtained by individuals from other forms of

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outdoor recreation, such as those involving active participation as
pool swimming golfing and tennis. Estimated beach use is based on
the population of the areas considered tributary to the beach and
the prospective changes in population within the project economic
life and the beach carrying capacity. Where there are significant
seasonal changes in population, the summer-population is used as a
basis rather than the year-round population. (EM 1120-2-108)

(1) Beach D~elopment Categories. These benefit evaluation
categories are a) a privately owned shore open to the public; /)a
publicly owned -beach in an undeveloped or incompletely developte
area; andl/a publicly owned beach, fully developed. An average
value of 40� per visit may be considered appropriate for (a); 80�
per visit for (b), and $1.20 for (c)

(2) Beach Area Per Bather. A dry beach area of at least 75
square feet per bather at time of peak use has been established as
needed to attain optimum benefit from a beach vist. Beach area
measured above the mean highwater (or m.h.h.w.) on the oceans and
the Gulf or Mexico, and above the mean seasonal high water on the
Great Lakes.

16-5. Cost Participation. Non-Federal participation is required in
the development and administration of recreation opportunities
provided at Corps projects. P.L. 89-72 defines the basis for
sharing of financial responsibilities in joint Federal - non-Federal
development, enhancement, and management of recreation and fish and
wildlife resources of Federal multipurpose water projects. In
addition to the cost sharing shown below, new proposals to Congress
recommend a State financing share of five percent of the construc-
tion cost allocated to recreation. (ER 1120-2-404; ER 1165-2-400;
and ER 1105-2-129)

a. Exemptions. Section 6(e) of P.L. 89-72 states that cost
sharing and reimbursement provisions of that Act shall not apply to
non-reservoir local flood control projects, beach erosion-control
projects, small boat harbor projects or hurricane protection
projects or to projects appropriate for Federal administration. For
these, the specific cost sharing provisions which existed prior to
enactment of P.L. 89-72 apply.

b. Cost Allocation. Recreation costs for multiple-purpose
reservoirs, including reservoirs created by navigation improvements,
are allocated by using the Separable Costs-Remaining Benefits (SCRB)
method. Costs allocated to recreation at non-reservoir projects are
confined to the specific incremental costs of the added lands and
facilities. However, if inclusion of recreation clearly affects
project formulation, the SCRB method is to be used.

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C. Cost: Apportionment.

(1) Reservoirs. The Federal government assumes joint costs
allocated to recreation and not more than one-half of the separable
first costs of construction of recreation facilities, including
one-half of the cost of any project lands acquired specifically for
recreation, except as noted in the paragraph below. The non-Federal
entity must assume: a) at least one-half of the separable first cost
of post-authorization planning and construction of recreation
facilities, including projects land acquired specifically for
recreation, access and basic site preparation; and b) all costs and
full responsibility for the operation maintenace, replacement, and
management of recreation lands and facilities. (ER 1120-2-404)

(2) Acquisition of Lands for Recreation Development at
Reservoirs. During construction separable lands may be acquired, if
specifically authorized, at Federal expense to preserve recreation
potential created by the project. This procedure is used only when
a formal agreement regarding non-Federal participation cannot be
obtained prior to- initiation of project construction. If these
lands are subsequently developed pursuant to subsequent agreements
they will be cost shared as above. If lands so acquired are not
developed within 10 years, they may be declared surplus or used for
any authorized purpose. (ER 1120-2-404)

(3) Non-Reservoir Projects. Reports proposing recreation
facilities in accordance with paragraphs 16-3a and 16-3b recommend
that the non-Federal entity provide fee title to all additional
lands required for development and control of the recreation areas.
Where the appraised value of those lands provided amounts to less
than 50 percent of the total first cost of the recreation
development, the non-Federal sponsor must make additional
contributions sufficient to bring the non-Federal share to at least
that level. This additional contribution may consist of the actual
cost of carrying out an agreed-upon portion of the development, or a
cash contribution at the time of construction or a combination of
both. The entity must operate, maintain, and replace without
expense to the Federal Government the recreational areas and all
installed facilities. (ER 1120-2-404)

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(4) Revenue Producing Facilities. There is no apportionment to
the Federal Government for revenue producing facilities such as golf
courses, pools, riding stables, and marinas. (ER 1120-2-400; ER
1120-2-404)

d. Payment. Non-Federal interests may furnish their share of
separable recreation costs at reservoirs, by cash payment during
construction; provision of lands or facilities; by long-term payment
with interest; or a combination of these.

e. Use Fees. Public Law 90-483 supplemented by Public Law
92-347, amended by Public Law 93-81, further amended by Public Law
93-303 provides that fair and equitable fees will be assessed the
users of specialized sites, facilities, equipment of services
provided at substantial Federal expense. Entrance or admission fees
are not charged at Corps projects. Use fees shall be comparable with
fees charged by other Federal and non-Federal agencies for similar
facilities or services. Fee revenues collected at Corps projects
are credited to the Corps in a special account in the Treasury of
the United States for use in authorized recreation activities. All
persons 62 years of age or older, bearing a Golden Age'Passport
receive a 50% reduction in the normal use fee at Corps projects.
Golden Age Passports are issued at no charge and are valid during
the lifetime of the bearer. Facilities provided at Corps projects
are to be open to all on equal terms and require uniform fee
schedule to all users. (ER 1130-2-404)

16-6. Special Recreation Facility Considerations.

a. Commerical Concessions. Concessions are planned where
warranted. Development is accomplished through lease arrangement
with non-Federal interests.

b. Trails.

(1) Project planning shall consider the incorporation of trails
for nature study, hiking, self-propelled bicycle, horseback riding,
snowshoe, cross-country ski, and access by fisherman and hunters.
When practicable, such trails are located to tie into existing
hiking trails and metropolitan bicycle trails. (EM 1110-2-400;
ER 1120-2-400) Also see "National Trails System" in Chapter 24.

(2) Trails For Use by Off-Road Vehicles. Executive Order
11644, "Use of Off-Road Vehicles on the Public Lands", dated 8
February 1972 as amended by Executive Order 11189, dated 24 May 1979

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established policies and provides for procedures to ensure that the
use of off-road vehicles on public land are controlled to protect
the resources, promote safety of all users, and minimize conflicts
among the various uses. Where a demand exists, consideration is
given to providing separate specific trails for snowmobiles, trail
bikes, and similar motorized vehicles. Such trails are located to
minimize damage to soil, watershed, vegetation, or other resources
of the public lands, to minimize harassment of wildlife or
significant disruption of wildlife habitats, and to minimize
conflicts with other existing or proposed recreation uses. Full
public participation is sought through public meetings in the
process of designation of areas or trails for off-road vehicles.
(ER 1130-2-405)

- 6 - 8 f -
1�~ X .. '
,, ,~~6-

EP 1165-2-1
28 Sep 79

CHAPTER 17

WATER SUPPLY AND QUALITY MANAGEMENT

17-1. Federal Interest. Water supply and quality management seek
to insure a continuing supply of fresh water, adequate in quantity
and quality for urban and rural withdrawal and streamf low needs.
National policy, defined by Congress, has been developed over a
number of years and is still being clarified and extended by
legislation. This policy recognizes a significant Federal interest
in the long range management of supplies, but generally assigns the
financial burden of supply to users.

17-2. Water Supply.

a. Water Supply Storage. Municipal and industrial (M&I) water
supply is considered the primary responsibility of the
municipalities or other non-Federal entities. However, M&I storage
space may be recommended for inclusion in any Corps reservoir
pursuant to the Water Supply Act of 1958 (P.L. 5009 85th Congress,
Title III), as amended. If such storage space is economically
justified and represents the least cost alternative, it may be added
* ~~to any project at any time. However, modification of existing
projects for this purpose which would seriously affect the project,
its other purposes, or its operation, requires Congressional
authorization. Such storage capacity, under present policy, may be
reserved exclusively for water supply or may be provided by joint
use of seasonal flood control or other storage. Costs allocated to
water supply for future use may not ordinarily exceed 30 percent of
the total project construction costs. A contract prior to
construction is required for all costs allocated to present use and
for future water supply in excess of 30 percent of total project
costs. The allocated costs must be reimbursed by the water users
within the life of the project but not to exceed 50 years after
initial use. An interest-free development period, until supply is
first used (up to ten years) is permitted under the law. Federal
interest rates are as defined in the 1958 Act. New proposals to
Congress recommend a State financing share of 10 percent of the
Construction cost allocated to water supply. New proposals to
Congress recommend a State financing share of 10 percent of the
construction cost allocated to water supply. (EM 1165-2-105)

b. Permanent Rights to Storage. Under the authority of Public
Law 88-140, local interests acquire a permanent right to the use of
storage for which they have completed payments under an agreement
with the Government, as long as the space is physically available,
* ~~taking into account equitable reallocations as necessitated by

17-1

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sedimentation. They must also agree to continue to pay their share
of annual operation and maintenance costs allocated to the water
supply storage, together with their share of the costs allocated to
any necessary reconstruction, rehabilitation, or replacement of any
features which may be required to operate the project. Storage
space for raw water is provided. The Government makes no
representation with respect to the quality of water and assumes no
responsibility therefor, or for the treatment of the water.

c. Modification of Completed Projects. Reallocation of
reservoir storage that would have a significant effect on other
authorized purposes or -that would involve major structural or
operational changes requires Congressional approval. Providing the
above criteria are not violated, 15 percentum of total storage
capacity allocated to all authorized Federal purposes or 50,000 acre
feet, which ever is less, may be allocated from the storage serving
authorized purposes to storage serving municipal or industrial water
supply within the Chief of Engineers discretionary authority. The
cost for such storage will be established as the higher of either
benefits or revenues foregone, or the cost of storage in the Federal
project. The cost of storage is determined by computing costs, at
the time of construction, by the Use of Facilities cost allocation
and then updating such costs to present day price levels by use of
the Engineering News Record Construction Index. (EM 1165-2-105)

d. Water Withdrawal. When neither storage is provided under
the authority of the Water Supply Act of 1958 nor surplus water
under the authority of Section 6 of the Flood Control Act of 1944 is
used, reimbursement for services provided or privileges granted in
connection with domestic, municipal, and industrial water supply
from a Corps project shall be obtained pursuant to Section 501 of
the Independent Offices Appropriation Act of 1952 (31 U.S.C. 483a).
Charges for water withdrawn shall be based on the most appropriate
of either services rendered (not to be less than project revenues
foregone as a result of withdrawal of water); a standard minimum
charge; or a standard unit charge. (EM 1165-2-105)

e. Ground Water Supplies. Several multi-purpose projects have
included specific authority for the purpose of water spreading or
the replenishment of ground water supplies. Water impounded in
controlling floods is diverted and spread over the ground water
aquifer to be replenished. Diversion and replenishment are
accomplished by local interest. Ground water supplies are valid
alternatives to storage in reservoirs, but have not, to date, been
recommended or authorized for inclusion in basin plans on the same
basis as storage..

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17-3. -Water Quality Control.

a. Water Quality Standards. The Federal Water Pollution
Control Act-of 1948 (P.L. 845, 80th Congress), as amended in 1956,
1961, 1965 and 1970 ;(P.L. 91-224), established the basic tenet of
uniform State standards for water quality. P.L. 92-500, the Federal
Water Pollution Control Act Amendements of 1972, strongly affirms
the Federal interest in this area. "The objective of this act is to
restore and maintain the chemical, physical, and biological
integrity of the Nation's waters." While the act is to be
administered by the EPA, the primary responsibility for its
implementation, including the provision of adequate water quality
standards, is to remain with individual States. However, State
standards must meet EPA established -guidelines, and are subject to
EPA approval or revision. PL 92-500 was amended by the Clean Water
Act of 1977 (PL 95-217) to provide additional authorization
necessary to restore the integrity of the Nations waters.

b. Stream Flow Regulation. Reservoir capacity for streamflow
regulation to improve water quality may be recommended pursuant to
the FederaliWater Pollution Control Act (Sec. 102(b)(1) of P.L.
92-500). The need, value and impact of, storage for water quality
control is determined by the Administrator of EPA. His views on
these matters are set forth in any report or presentation to
Congress proposing authorization or construction of any reservoir
including such storage. The need for and the value of storage for
regulation of streamflow (other than for water quality), including
but not limited to navigation, salt water instrusion, recreation,
esthetics, and fish and wildlife, is determined by the Corps of
Engineers. ,Storage and water releases for regulation of streamflow
shall'not be provided as a substitute for adequate treatment or
other methods of controlling waste at the source. The value of such
storage shall be taken into account in determining the economic
value of the entire project of which it is a part, and costs shall
be allocatedl to the purpose of regulation of streamflow in a manner
which will insure that all project purposes share equitably in the
benefits of multiple-purpose construction. Costs of regulation of
streamflow features incorporated in any Federal reservoir or other
impoundment shall be determined and the beneficiaries identified.
If the benefits are widespread or national in scope, the cost of
such features shall be nonreimbursable. New project proposals to
Congress recommend a State financing contribution of five percent of
the construction costs allocated to streamflow regulation. States
or other qualified sponsors are normally required to furnish
assurances that they will-protect low flow releases for water quality
purposes against withdrawals or diversions to other uses and that
local wastewater discharges into the stream will be adequately

17-3

EP 1165-2-1
28 Sep 79

treated. If the Administrator EPA determines that storage for
regulation of streamflow to maintain water quality is not needed in
an authorized project, or is needed in a different amount, Section
65 of Pub Law 93-251 permits project modification to use that
storage for other authorized purposes. Section 65 sets forth a
reporting procedure and is applicable only to those projects
authorized as of 7 March 1974, but not yet under construction.

c. EPA Determinations Regarding Water Quality Control Storage.
Corps requests to EPA regional offices for determinations pursuant
to Sec 102(b) (3) of Pub. Law 92-500 regarding water quality control
storage in projects are made for; (1) those authorized projects for
which funds to inititate construction or land acquisition had not
been appropriated prior to passage of Public Law 92-500 (18 Oct
1972) and (2) projects which include reservoir storage for water4
quality recommended by the Corps for authorization after that date.

17-4. Water Conveyance Facilities.

a. Natural Streams. Natural streams are frequently used to
convey water from an impoundment to downstream users. Such a
conveyance system is basically a non-Federal responsibility.
However, local interests should be advised in the study phase of any
problems which may be anticipated and of non-Federal legislation @
which may be required to protect the users.

b. conveyance System Construction. No general authority exists
to construct or finance construction of conveyance systems for water
supply only. In exceptional cases, where the conveyance systems
would be multiple-purpose, e.g., for water supply and water quality,
the Corps has proposed and been authorized to construct such
facilities and also to permit repayment in accordance with the
provisions for repayment of water supply storage costs. If in the
course of investigating multi-purpose projects to include storage
f or water supply, should the investigation show that conveyance
structures for use by non-Federal interests are necessary to the
existence of the project but that the costs of such facilitites are
of such financial magnitude that state or municipal funding programs
cannot finance them, such may be included in the survey report, with
the cost thereof, and presented to Congress. Survey reports,
including such features must include the justification as to the
necessity for their installation with Government funds, to be repaid
under the terms of the Water Supply Act of 1958. If Congress adopts
the reports as law, the costs thereof could be financed pursuant to
the provisions of the Water Supply Act. The Corps only general

17-4

EP 1165-2-1
28 Sep 79

authority in this area was contained in Section 101 of P.L. 89-298.
This section, entitled "Northeastern United States Water Supply"
(NEWS) authorized the Corps to cooperate with Federal, State, and
local agencies in preparing plans to meet the long-range water needs
of the northeastern United States. The Corps is authorized to
construct, operate and maintain those reservoirs, conveyance
facilities and purification facilities which are recommended in the
plan provided they are specifically authorized by law.

C. Water Supply for Metropolitan Area, Washington, D. C. The
responsibility of providing an adequate water supply from the
Potomac River through the Washington Aqueduct system for part of the
Washington, D. C. area, Arlington County, and Falls Chruch, Virginia
is vested in the Chief of Engineers. In accordance with this
authority, the Corps is responsible for the collection and
purification systems which include diversion dams, conduits,
reservoirs, filtration plants and pumping stations. The
distribution of water to the public is the responsibility of the
District of Columbia, Arlington County, and Falls Church, Virginia.
Section 85 of the Water Resources Development Act of 1974 (P.L.
93-251) as amended by Section 181 of the Water Resources Development
Act of 1976 (P.L. 94-587) includes authorization of a study of the
future water resources needs of the Washington metropolitan area.

17-5. Water Conservation.

a. Introduction and Definition. The President in his 6 June
1978 water policy reform message, annouced a broad set of policy
initiatives that concentrate on four key problem areas. One of
these policy initiatives was to provide a new national emphasis on
water conservation. To further define these policy intiatives, the
President, on 13 July 1978, issued additional directives to Federal
agencies instructing them to begin implementation efforts. Water
conservation is an objective worthy of emphasis as a national
priority as new supplies often place demands on other scarce
resources which are not adequately reflected in the evaluation of
and pricing for water. The term "water conservation" has been
determined to be a demand management function and is defined by the
Corps to be "any beneficial reduction in water use or in water
losses.": Based on this definition, water management practices
constitute conservation only when their purpose is to conserve a
given supply of water through reduction in water use (or water
losses) and their total national economic and environmental benefits
outweigh their total national economic and environmental costs.

17-5

EP 1165-2-1
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b. Role of Water Conservation. The national emphasis on water
conservation can be separated into two major categories with respect
to the Corps water resources program. Sound conservation principles
must be applied in the Corps own use of water and conservation must
be made an integral part of planning to'satisfy future water supply
needs. This second category translates primarily into an assistance
role to the State and local governments as a part of studies
addressing the adequacy of existing supplies and the need for
additions to those supplies. Specifically, the President has
directed that development of watetr conservation programs will be a
condition of contracts for storage or delivery of municipal and
industrial water supply from Federal projects.

17-6. Irrigation.

a. Storage. Storage of water for irrigation on agricultural
lands, whether to meet the entire needs or to supplement natural
supplies, may be provided. Section 8 of the Flood Control Act of
1944 provides that Corps reservoirs may include the irrigation
purpose upon the recommendation of the Secretary of the Interior in
conformity with Reclamation Law. Section 8 also provides that the
Secretary of the Interior may provide needed irrigation works to
make use of irrigation storage. The Chief of Engineers considers
that Section 8 applies only in the 17 western states to which the
Reclamation Law applies.

b. Cost Sharing. The Corps of Engineers considers that,
outside of the 17 western states, a non-Federal public entity should
be required to assume one-half of the costs of reservoir capacity
allocated to irrigation. This policy is analogous to the
established Corps policy for reclamation by drainage. it is
identical to the position adopted by the Department of Agriculture
for reservoir capacity allocable to irrigation. However, the total
costs of storage allocated to provisions for future irrigation and
municipal water supply combined should not exceed the 30 percent of
total reservoir costs stipulated in the Water Supply Act of 1958.
The non-Federal entity requesting irrigation capacity as a project
purpose should provide a firm expression of intent to use and pay
for such storage, should obtain necessary water rights, or their
equivalent, from the State, and possess legal power to contract with
the Federal Government. Non-Federal interests are required to
assume responsibility for 100 percent of the O&M costs allocated to
irrigation. In addition, new proposals to Congress recommend a
State financing contribution of 10 percent of the construction cost
allocated to irrigation.

17-6

HP 1165-2- 1
28 Sep 79

c. Basin Account. Basin accounting may not be used to group
all benefits in a basin-wide plan to show apparent justification for
including unsound elements in the plan. The difference between this
procedure and systems analysis where certain elements are
technically and economically essential to a viable system should be
noted.

17-7. Salinity Control.

a. Return Flow From Irrigation. Return flows from irrigation
works create chloride and other salt problems in the receiving
waters. Such flows may result from a deliberate action to maintain
soil quality or from inefficient irrigation practices. The Corps
does not have a program to control or eliminate return flows into
streams from irrigation works.

b. Natural Salts. Studies to control natural salts in rivers
and streams are underway in the Arkansas-Red Chloride Contol
Project. The extent of Federal financial participation in projects
of this type has not been established.

C. Salinity Intrusion. Measures used to hold back salt water
wedges in the Nation's estuaries include upstream fresh water
V ~~releases or instream estuary structures. An example of the
structural approach is the Wallisville project, Trinity-River,
Texas, used for both navigation and salinity control. Costs are
allocated to project purposes by the Separable Costs-Remaining
Benefits method and are shared equally for the salinity control
component. For the Calcasieu River Salt Water Barrier Project,
Louisiana, cost to mitigate salinity damages caused by the
navigation project were 100 percent Federal.

17-8. Water Rights Involved in Project Development

a. Definitions. Water rights are a form of real property,
protected by State and Federal laws. Depending on the legal system
used in the locale, water rights may originate in ownership of
riparian lands or be acquired by statutorily-recognized methods of
appropriation. Riparian lands are those which immediately adjoin a
river. Rirparian water rights are the right to use, on that land,
an amount of water considered "reasonable": that amount which
allows maximum use by a riparian landowner without unreasonably
impairing other riparian owners. Appropriation systems, predominant
in the Western states, permit use of a carefully designated amount
of water, regardless of land ownership or place of use. Allocations

17-7

EP 1165-2-1
28 Sep 79

among users are made by temporal priority. Differences between the
two basic systems, however, a-re being overshadowed by State permit
systems which require all water users to obtain finite
determinations of their water rights. Problems of water quality are
increasingly controlled by statutory law.

b. Effects on Projects. States have wide powers to legislate
the use of property within their borders, except these powers are
restricted by several paramount Federal powers granted under the
Constitution. Civil Works water resource projects are built under
Congressional authorization and usually are not subject to
concurrent authorization by State agencies. In particular cases,
such as those involving inter-basin transfers, interstate compacts,
or Supreme Court allocations, projects must be designed to recognize
water rights claimed by the residents of an affected state.
Congress has also established policies which protect and recognize
certain State-treated rights, such as Section I of the Flood Control
Act of 1944, which subordinates use of water for navigation purposes
.to beneficial consumptive uses of the streams in the Western
states. Water rights may also be affected by authorized projects in
which Congress has made a quantified allocation of waters between
the involved, states.

c. Effects of Regulated Flows. Water resource projects, by
their very nature, often have significant effect on the quantity and
timing of flows in a river system. Whether such actions constitute
an injury to private water or other property rights for which the
Federal Government or a project sponsor must pay compensation
depends on the degree of interference, the navigability of the
stream, and other related factors. Careful consideration is given
to the existence of lawful water uses in the downstream areas.
Encroachment an those uses is avoided as much as possible-.

d. Acquisition of Water Rights. Downstream waters made
available by a project are subject to allocation under state laws.
The parties desiring to use the waters impounded by a reservoir must
acquire the necessary water rights under the provisions of state
laws, and regulations, and resolve conflicts among users at the
local or state level. The Corps provides flow regulation service or
storage space within the reservoir to water users as authorized and
is not involved in adequacy or timing of the acquisition of water
rights.

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EP 1165-2-1
28 Sep 79

e. Legal Sources. United States v. Cress, 243 U.S. 316(1917);
United States v. Kansas City Life Ins. Co. 339 U.S.799 (1950);
Wyoming v. Colorado, 353 U.S. 953(1957); Arizona v. California, 373
U.S. 546(1963); Turner v. Kings River Conser. Dist. 360 F. 2d
184(9th Cir. 1966).

17-9. Emergencies.

a. Water Supply. P.L. 84-99 as amended by Section 82(2) of
P.L. 93-251 provides the Chief of Engineers with discretionary
authority to provide emergency supplies of clean drinking water, on
such terms as he determines to be advisable, to any locality which
he finds is confronted with a source of contaminated drinking water
causing or likely to cause a substantial threat to the public health
and welfare of the inhabitants of the locality. Work under this
authority requires a request from the Governor of the state where
the source of water has become contaminated. Loss of water source
or supply is not correctable under this authority. In addition P.L.
95-51 further amended P.L. 84-99 to provided the Chief of Engineers
authority to provide emergency water supplies to human and livestock
inhabitants of areas which he determines to be drought distressed.
(ER 500-1-1)

b. Water Quality. Emergency or unusual conditions have
developed in past years on rivers and waterways as a result of
accidental spills of pollutants and extreme, short-term low flows.
The Corps has adequate authority under existing laws to regulate
projects in the public interest under emergency conditions, with one
possible exception. In very rare instances, contracted water supply
might be the only water in storage available for immediate release.
In those instances it is necessary to obtain the cooperation of the
water supply owner to make releases. Approval of OCE is required to
deviate from the approved water control plans.

17-9

BP 1165-2-1
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CHAPTER 18

FISH AND WILDLIFE

18-1. Fish and Wildlife Coordination Act of 1958 (P.L. 85-624).
This Act amended the Act of March 10, 1934, to provide that fish and
wildlife conservation shall receive equal consideration with other
project purposes and be coordinated with other features of water
resource development programs. Adverse effects on fish and wildlife
resources and opportunities for improvement of those resources shall
be examined along with other purposes which might be served by water
resource development. The Corps may recommend project modifications
and acquisition of lands for fish and wildlife conservation
* ~~~purposes. Section 2(a) of the Act defines the area of interest to
include impoundment, diversion, channel deepening, or any
modification of a stream or other body of water. All
pre-authorization and post-authorization planning or project
development, without exception, shall be coordinated with the Fish
and Wildlife Service of Department of the Interior; National Marine
Fisheries Service of the Department of Commerce as appropriate, and
the agency administering the fish and wildlife resources of the
State wherein construction is contemplated.

W ~~18-2. Mitigation. Damages to fish and wildlife resources will be
prevented to the extent practicable through good planning and
design. Measures to offset unavoidable damages to fish and wildlife
will be included in projects when the cost of measures for this
purpose are justified by the monetary or non-monetary effects
attributable thereto. Such measures are in-kind whenever possible
and are provided adjacent to or as near as practicable to the area
where the damages occur. Mitigation plans contain the most
efficient and least cosily measures to reduce significant resource
losses. Developing such plans requires that consideration be given
to the use of generally known and accepted wildlife management
techniques to reduce the amount of lands taken out of private
ownership. Acquisition of an interest in lands or waters for
* ~~~mitigation of damages to fish and wildlife resources requires
specific congressional authorization.

a. Justification. A separate benefit cost ratio for mitigation
* ~~~should not be computed, nor should economics be used as the only
basis for justification of mitigation. However, dollar values (NED
benefits) associated with user days generated by a mitigation plan,
as well as user days lost because of project construction, are

BP 1165-2-1 @
28 Sep 79

proper factors to consider, along with non-monetary (HQ, SWB)
values, when selecting and determining justification of mitigation
plans. Non-monetary values should consider the scarcity of the
affected resource on both a regional and national level and the need
to maintain the integrity and viability of significant natural
resources rather than considering all resource losses inherently
equal.

b. Implementation. It is the policy of the Corps of Engineers
to implement mitigation measures concurrently with other project4
features. Funds for implementation of such measures are budgeted
proportionately to funds for other project elements. Since-
implementation of this policy requires that the Corps maintain the
ability to condemn lands, reports proposing land acquisition for
mitigation should not contain recommendations that would preclude
the Corps from exercising the power of eminent domain.

C. Operation and maintenance. Responsibility for operation and
maintenance of mitigation features is defined in authorizing
legislation. Mitigation features should be operated and maintained
by the agency that can most efficiently do the job. Reports
proposing the authorization of mitigation measures should identify
the agency responsible for subsequent operation and 'maintenance.
Responsibility for funding operation and maintenance rests with the
agency responsible for those activities. 'Authorization reports
should not propose that the Corps budget funds for transfer to other
agencies for 0&M activities. On 18 May 1979, the Department of
interior published proposed rules for implementation of the Fish and
Wildlife Coordination Act (44 FR 29300-29359). Those rules provide
that the construction agency will budget necessary O&M funds. If
such a requirement is included in the final rules, when published,
the Corps will make such recommendations to Congress for
authorization.

d. Review of Completed Projects. It is the general policy of
the Corps of Engineers to review completed projects for additional
mitigation measures only in response to Congressional authorization
or other legal requirements.

18-3. Enhancement. improvements for fish and wildlife enhancement
shall be included in a project when the expected benefits, monetary
or non-monetary, exceed the cost of bringing them into existence and
cannot be provided more economically by other means. Acquisition of
land for enhancement of the fish and wildlife resources requires
specific legislative authorization.

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18-4. Cost-sharing. Unless it is part of an authorized Federal
program for enhancement of anadromous fish, separable first costs
for enhancement of sport fish, wildlife and wildlife resources are
cost-shared on a 75%-25% basis with non-Federal interests.
Non-Federal interests assume all costs for operation, maintenance
and replacements as set forth in P.L. 89-72, as amended. The terms
E1wildlife resources" include birds, fishes, maimmals and other
classes of wild animals and all types of aquatic and land vegetation
upon which wildlife is dependent. Separable first costs of
recreation development are cost shared on a 50-50 basis. Only the
separable first costs of land acquisition and associated
developments to enhance the production of sport fish and wildlife
resources will be shared 75 percent Federal and 25 percent
non-Federal. The separable first costs of land acquisition to
provide for public access, and to promote utilization of wildlife
resources, are expenditures made in the interest of enhancing
opportunities for public outdoor recreation and as such will
continue to be shared 50 percent Federal and 50 percent
non-Federal. Separable first costs for commercial fish enhancement
(except anadromous fish) are borne by the Federal Government,
provided that all costs for operation, maintenance and replacement
are assumed by a non-Federal interest or a Federal fishery agency.
Justified measures to mitigate any project-caused damage to the fish
and wildlife resources are joint costs and are included in the costs
alocated to all, the purposes of the project for appropriate sharing
in accordance with the cost-sharing policies for those purposes.
For projects where local interests are required to provide lands,
easements and rights-of-way, mitigation measures are shared in the
same ratio as the purposes causing the damage. These include first
cost and operation, maintenance and replacement, costs on an
annualized basis. Fish and wildlife enhancement facilities provided
through the Code 710 program require 50-50 cost sharing in
accordance with the requirements of that program. In accordance
with the President's cost sharing policy proposed projects including
fish and wildlife enhancement features require a State contribution
of 5% of the construction cost allocated to that purpose. No State
contribution is required to add mitigation to projects not
authorized in accordance with the President's cost sharing policy.
However, when new projects are proposed the costs of mitigation
measures are included in determining the required State
contibuton.(ER 1105-2-129, ER 1120-2-400, ER 1120-2-404).

F ~~~18-5. Endangered Species - Consultation. The Endangered Species
Act of 1973 (PL 93-205), as amended requires all Federal departments
and agencies to conserve, in consultation and with the assistance of
the Secretary of the Interior, endangered and threatened species.

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This requirement applies to all Civil Works studies, projects or
programs and includes the operation and management of completed
projects. Section 3 of the 1978 Amendments (PL 95-632) requires the
consultation to be completed within 90 days following the date it
was initiated unless the Corps - FWS/NMFS agree to an extension.
Unless previously completed and reported in the project EIS, a
biological assessment must be made to identify any endangered
species that FWS/NMFS advises may be affected by the project. After
initiation of consultation, no irreversible or irretrievable
commitment of resources can be made that is determined to jeopardize
the continued existence of any endangered or threatened species or
critical habitat.

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CHAPTER 19

WETLANDS CONSERVATION

19-1. General. Wetlands are important natural resources that
contribute significant benefits to both the natural and human
environment. Executive Order 11990 recognizes the significant
values provided by wetlands and requires each agency to provide
leadership and take action to minimize the destruction, loss or
degradation of wetlands and to preserve and enhance the natural and
beneficial values of wetlands.

19-2. Definition. Wetlands are areas that are inundated or
saturated by surface or ground water of a frequency and duration
sufficient to support, and that under normal circumstances to
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps
marshes, bogs and similar areas.

19-3. Policy. The unnecessary alteration or destruction of
important wetlands is discouraged as contrary to the public
interest. Wetlands considered to perform functions important to the
public interest include:

a. Wetlands which serve important natural biological functions,
including food chain production, general habitat, and nesting,
spawning, rearing, and resting sites for aquatic or land species;

b. Wetlands set aside for study of the aquatic environment or
as sanctuaries or refuges;

c. Wetlands the destruction or alteration of which would affect
detrimentally natural drainage characteristics, sedimentation
patterns, salinity distribution, flushing characteristics, current
patterns, or other environmental characteristics;

d. Wetlands which are significant in shielding other areas from
wave action, erosion, or storm damage. Such wetlands are often
associated with barrier beaches, islands, reefs and bars;

e. Wetlands which serve as valuable storage areas for storm and
flood waters;

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f. Wetlands which are prime natural recharge areas. Prime
recharge areas are locations where surface and ground water are
directly interconnected; and

g. Wetlands which through natural water filtration processes
serve to purify water.

19-4. Executive Order 11990. in accordance with HO 11990 and the
above wetlands policy the Corps avoids undertaking or providing
assistance for new construction located in wetlands unless there is
no practicable alternative, and the proposed Action includes all
practicable measures to minimize harm to the wetlands. In making
this finding economic, environmental and other pertinent factors are
considered.

19-5. Section 150 of the Water Resources Development Act of 1976.
This Section authorized the Secretary of the Army, acting through
the Chief of Engineers to plan and establish wetlands areas as part
of water resources development projects. Field elements should use
their current knowledge in coordination with all affected interests2
to implement this section where appropriate in accordance with the
following.

a. Wetlands created must be primarily the result of dredged
material.

b. All costs of establishing wetlands in this manner including
easements and rights of ways, should be borne by the United States
as additional project costs, and will normally be established on
lands already in public ownership or subject to navigational
servitude.

c. No more than $400,000 in additional project costs will be
incurred for project construction or maintenance dredging cycle.
The Federal cost limitations established by Section 201 of the 1965
Flood Control Act, as amended or continuing authority projects will
include this additional cost.

d. The benefits of establishing the wetland will be considered
equal to the cost, up to $400,000.

e. There should be reasonable evidence that wetland areas to be
established will not be substantially altered or destroyed by
natural or man-made causes.

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CHAPTER 20

AQUATIC PLANT CONTROL

20-1. Aquatic Plant Control Program. Section 302 of the River and
Harbor Act of 1965 (P.L. 89-298), as amended, authorized the Corps
of Engineers to cooperate with other Federal and non-Federal
agencies in comprehensive programs for control and eradication of
obnoxious plants. Non-Federal interests must agree to hold and save
the United States free from damages resulting from control
operations and to finance 30 percent of the cost. The Federal
Government may finance the research and planning cost of the
program. Funds are allocated on a priority basis and there is a
$5,000,000 annual limitation on Corps expenditures for the total
program. Funds appropriated are applied to three general
categories: Planning, Control Operations and Applied Research.
(ER 1130-2-412)

a. Planning. Studies are Federally funded. Reports are of
survey report scope and have a format similar to that used in a
general investigation survey report.

b. Control Operations. This work is subject to cost-sharing
(Federal 70% and non-Federal interests 30%). Control operations are
programmed for funding on a State-by-State basis in accordance with
detailed design memoranda approved by OCE as to scope and cost of
work performed.

c. Applied Research. This activity is Federally funded.
Funding level is developed by OCE with assistance of the Interagency
Research Advisory Committee and the Division concerned. The lead
laboratory for research in this area is WES.

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CHAPTER 21

REGULATORY FUNCTIONS TO PROTECT/PRESERVE NAVIGABLE
WATERS AND ENVIRONMENT

21-1. Background. Regulatory responsibilities have been exercised
by the Secretary of the Army and the Chief of Engineers regarding
use of navigable waters since enactment of the. River and Harbor Act
of 3 March 1899. Legislation enacted in October 1972 and amended in
1977 expanded the Corps responsibility in regulatory matters
although the basic provisions of the 1899 Act were not repealed.
These laws included the Federal Water Pollution Control Act
Amendments of 1972 (Public Law 92-500); the Clean Water Act (Public
Law 95-217) and the Marine Protection, Research and Sanctuaries Act
of 1972 (Public Law 92-532). Permits will continue to be issued for
structures in or affecting navigable waters of the United States,
for the discharge of dredged or fill material into navigable waters,
and for the transportation of dredged material for the purpose of
dumping it into ocean waters.

21-2. Department of Army Permits

a. Permit Authorizations

(1) Section 9 of the River and Harbor Act approved March 3,
1899, (30 Stat. 1151; 33 USC 401) prohibits the construction of any
dam or dike across any navigable water of the United States in the
absence of Congressional consent and approval of the plans by the
Chief of Engineers and the Secretary of the Army. Where the
navigable portions of the waterbody lie wholly within the limits of
a single State, the structure may be built under authority of the
legislature of that State, if the location and plans of any
modification thereof, are approved by the Chief of Engineers and by
the Secretary of the Army. The instrument of authorization is
designated a permit.

(2) Section 10 of the River and Harbor Act approved March 3,
1899 (30 Stat. 1151; 33 USC 403) prohibits the unauthorized
obstruction or alteration of any navigable water of the United
States. The construction of any structure in or over any navigable
water of the United States, the excavation from or depositing of
material in such waters, or the accomplishment of any other work
affecting the course, location, condition, or capacity of such
waters is unlawful unless the work 'has been recommended by the Chief

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of Engineers and authorized by the Secretary of the Army. The
authority of the Secretary of the Army to prevent obstructions to
navigation in the navigable waters of the United States was extended
to artificial islands and fixed structures located on the outer
continental shelf by Section 4(e) of the Outer Continental Shelf
Lands Act of 1953 (67 Stat. 463; 43 USC 1333). In accordance with
Section 154 of PL 94-587, Section 10 permits are not required to
construct wharves and piers in any waterbody located entirely within
one State that is a navigable water of the U.S. solely on the basis
of its historical use to transport interstate commerce. Section 154
applies only to a single pier or wharf and not to marinas nor to any
pier or wharf that would cause an unacceptable impact on navigation.

(3) Section 14 of the River and Harbor Act approved March 3,
1899, (30 Stat. 1152; 33 USC 408) provides that the Secretary of the
Army on the recommendation of the Chief of Engineers may grant
permission for the temporary occupation or use of any sea wall,
bulkhead, jetty, dike, levee, wharf, pier, or other work built by
the United States.

(4) Section 1 of the River and Harbor Act of June 13, 1902 (32
Stat. 371; 33 USC 565) allows any persons or corporations desiring
to improve any navigable river at their own expense and risk to do
so upon the approval of the plans and specifications by the
Secretary of the Army and the Chief of Engineers. Improvements
constructed under this authority, which are primarily in Federal
project areas, remain subject to the control and supervision of the
Secretary of the Army and the Chief of Engineers.

(5) Section 404 of the Clean Water Act of 1977 (33 USC 1344)
authorizes the Secretary of the Army, acting through the Chief of
Engineers, to issue permits, after notice and opportunity for public
hearings, for the discharge of dredged or fill material into the
waters of the United States at specified disposal sites. The
selection and use of disposal sites will be in accordance with
guidelines developed by the Administrator of the Environmental
Protection Agency (EPA) in conjunction with the Secretary of the
Army published in 40 CFR Part 230. If these guidelines prohibit the
selection or use of a disposal site, the Chief of Engineers may
consider the economic impact on navigation of such a prohibition in
reaching his decision. Furthermore, the Administrator can prohibit
or restrict the use of any defined area as a disposal site whenever
he determines, after notice and opportunity for public hearings and
after consultation with the Secretary of the Army, that the
discharge of such materials into such areas will have an
unacceptable adverse effect on municipal water supplies, shellfish
beds and fishery areas, wildlife, or recreational areas.

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(6) Section 103 of the Marine Protection, Research and
Sancturaries Act of 1972, as amended (PL 92-532, 86 Stat. 1052, 33
USC 1413) authorizes the Secretary of the Army, acting through the
Chief of Engineers, to issue permits for the transportation of
dredged material for the purpose of dumping it in ocean waters where
it is determined that the dumping will not unreasonably degrade or
endanger human health, welfare, or amenities, or the marine
environment, ecological system, or economic potentialities. The
selection of disposal sites will be in accordance with criteria,
developed by the Administrator of the EPA in consultation with the
Secretary of the Army, published in 40 CFR Parts 220-229. However,
similar to the EPA Administrator's limiting authority cited above,
the Administrator can prevent the issuance of a permit under this
authority if he finds that the dumping of the material will result
in an unacceptable adverse impact on municipal water supplies,
shellfish beds, wildlife, fisheries or recreational areas.

b. Determination of Public Interest

(1) The decision whether to issue a permit will be based on an
evaluation of the probable impact of the proposed activity and its
intended use on the public interest. Evaluation of the probable
impact which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become
relevant in each particular case. The benefit which reasonably may
be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so, the conditions under which it will
be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the
national concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must
be considered; among those are conservation, economics, aesthetics,
general environmental concerns, historic values, fish and wildlife
values, flood damage prevention, land use, navigation, recreation,
water supply, water quality, energy needs, safety, food production,
and, in general, the needs and welfare of the people. No permit
will be granted unless its issuance is found to be in the public
interest.

(2) The following general criteria will be considered in the
evaluation of every application:

(i) the relative extent of the public and private need for the
proposed structure or work:

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(ii) the desirability of using appropriate alternative
locations and methods to accomplish the objective of the proposed
structure or work;

(iii) the extent and permanence of the beneficial and/or
detrimental effects which the proposed strucure or work may have on
the public and private uses to which the area is suited; and

(iv) the probable impact of each proposal in relation to the
cumulative effect created by other existing and anticipated
structures or work in the general area.

c. Related Considerations.

(1) Section 401 of the Clean Water Act (33 USC 1341) requires
any non-Federal applicant for a Federal license or permit, that may
result in a discharge of a pollutant into waters of the United
States, to obtain State certification that the discharge will comply
with the applicable effluent limitations and water quality
standards. A certification obtained for the construction of any
facility must also pertain to the subsequent operation of the
facility.

(2) Section 307(C) of the Coastal Zone Management Act of 1972,
as amended (PL 94-370, 90 Stat. 1013, 16 USC 1456(c)) requires
Federal agencies conducting activities, including development
projects, directly affecting a State's coastal zone, to comply, to
the maximum extent practicable, with an approved State coastal zone
management program. It also requires any non-Federal applicant for
a Federal license or permit to comply with the State's coastal zone
management program. Generally, no permit will be issued until the
State has concurred with the non-Federal applicant's certification.
This provision becomes effective upon approval by the Secretary of
Commerce of the State's coastal zone management program.

(3) Section 302 of the Marine Protection, Research and
Sanctuaries Act of 1972, as amended, (PL 92-532, 86 Stat. 1052, 16
USC 1432) authorizes the Secretary of Commerce, to designate as
marine sanctuaries areas of the ocean waters or of the Great Lakes
and their connecting waters or of other coastal waters. Activities
in the sanctuary are issued permits only if the Secretary of
Commerce certifies that the activities are consistent with the
purposes of Title III of the Act and can be carried out within the
regulations for the sanctuary.

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(4) In accordance with the Fish and Wildlife Coordination Act'
(16 USC 661-666c) the Corps, consults with the United States Fish and
Wildlife Service, the National Marine Fisheries Service'(as
appropriate) and with the head of the appropriate State agency
exercising administration over the wildlife resources of the
affected State are consulted before permits are issued. Applicants
are urged to modify proposals to' eliminate or mitigate any damage to
fish and wildlife resources when possible.

(5) The National Historic Preservation Act of 1966 (80 Stat.
915, 16 USC 470) created the Advisory Council on Historic
Preservation to advise the President and Congress on matters
involving historic preservation. In performing its function the
Council is authorized to review and comment upon activities licensed
by the Federal Government which will have an effect upon properties
listed in the National Register of Historic Places, or eligible for
listing. The concern of Congress for the preservation of
significant historical sites is also expressed in the Preservation
of Historical and Archeological Data Act of 1974 (16 USC 469 et
seq.), which amends the Act of June 27, 1960. By this Act, whenever
a Federal'construction project or Federally licensed project,
activity or program alters any terrain such that significant
historical or acheological data is threatened, the Secretary of the
Interior may take action necessary to recover and preserve the data
prior to the commencement of the project. (33 CRF Part 305).

(6) The Interstate Land Sales Full Disclosure Act (15 USC 1701
et seq.) prohibits any developer or agent from selling or leasing
any lot in a subdivision (as defined in 15 USC 1701 (3) unless the
purchaser is furnished in advance a printed property report
containing information which the Secretary of Housing and Urban
Development may, by rules or regulations, require for the protection
of purchasers. In the event the lot in question is part of a
project that requires Department of the Army authorization, the
Property Report is required by Housing and Urban Development
regulation to state whether or not a permit has been applied for,
issued, or denied by the Corps of Engineers for the development
under Section 10 or Section 404. The Property Report is also
required to state whether or not any enforcement action has been
taken as a consequence of non-application for or denial of such
permit.

(7) The Endangered Species Act of i973 (16 USC 1531 et seq.)
declares the intention of the Congress to conserve threatened and
endangered species and the ecosystems on which those species

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depend. The Act provides that Federal agencies must utilize their
authorities in furtherance of its purposes by carrying out programs
for the conservation of endangered or theatened species, and by:
taking such action necessary to insure that any action authorized by
that Agency will not jeopardize the continued existence of such
endangered or threatened species or result in the destruction or
modification of habitat of such species which is determined by the
Secretaries of Interior or Commerce, as appropriate, to be critical.

(8) The Deepwater Port Act of 1974 (33 USC 1501 et seq.)
prohibits the ownership, construction, or operation of a deepwater
port beyond the territorial seas without a license issued by the
Secretary of Transportation. The Secretary of Transportation may
issue such a license to an applicant if he determines, among other
things, that the construction and operation of the deepwater port is
in the national interest and consistent with national security and
other national policy goals and objectives. An application for a
deepwater port license constitutes an application for all Federal
authorizations required for the ownership, construction, and
operation of a deepwater port, including applications for Section
10, Section 404 and Section 103 permits which must also be issued by
the Department of the Army pursuant to the authorities listed
above.

(9) The Marine Mammal Protection Act of 1972 (16 USC 1361 et
seq.) imposes a perpetual moratorium on the harassment, hunting,
capturing, or killing of marine mammals and on the importation of
marine mammals and marine mammal products without a permit from
either the Secretary of the Interior or the Secretary of Commerce,
depending upon the species of marine mammal involved.

(10) Section 7(a) of the Wild and Scenic Rivers Act (82 Stat.
906, 16 USC 1278 et seq.) provides that no department or agency of
the United States shall assist by loan, grant, license, or other-
wise in the construction of any water resources project that would
have a direct and adverse effect on the values for which such river
was established.

(11) No permits are granted to work in wetlands identified as
important unless the District Engineer concludes, on the basis of a
public interest review that the benefits of the proposed alteration
outweigh the damage to the wetlands resource and the proposed
alteration is necessary to realize those benefits.

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(12) Executive Order 11988, requires Federal agencies to
conduct its programs in a manner which would reduce the risk of
flood loss; minimize the impact of floods on human safety, health
and welfare; and the restore and preserve the natural and beneficial
values served by floodplains. Permits for development in the
floodplain are not issued unless such development is in the public
interest.

d. Harbor Lines. Section 11 of the River and Harbor Act
approved March 3, 1899 (30 Stat. 1151; 33 USC 404) authorizes the
Secretary of the Army to establish harbor lines channelward of which
no piers, wharves, bulkheads or other works may be extended or
deposits made without approval of the Secretary of the Army. By
policy stated in 33 CFR 328, effective May 27, 1970, harbor lines
are guidelines only for defining the offshore limits of structures
and fills insofar as they impact on navigation interests. Permits
for work shoreward of those lines must be obtained in accordance
with Section 10 and, if applicable, Section 404.

e. General Permits. District Engineers issue general permits
for certain clearly described categories of structures or work
including the discharge of dredged-or fill material. After general
permits are issued, individual activities falling within those
categories do not require additional authorization unless the
District Engineer determines on a case-by-case basis, that the
public interest requires it.

f. National Permits. The Department of the Army issues
authorizations for certain activities nationwide. Proposals meeting
the conditions of these permits can take place without the need for
an individual or general permit.

21-3. Refuse Act Permit Program. Section 13 of the River and
Harbor Act approved March 3, 1899 (30 Stat. 1152; 33 USC 407)
provides that the Secretary of the Army, whenever the Chief of
Engineers determines that anchorage and navigation will not be
injured thereby, may permit the discharge of refuse into navigable
waters. In the absence of a permit, such discharge of refuse is
prohibited. While the prohibition of this section, known as the
Refuse Act, is still in effect, the permit authority of the
Secretary of the Army has been superseded by the permit authority
provided the Administrator, Environmental Protection Agency, and the
States under Section 402 and 405 of the Federal Water Pollution
Control Act Amendments of 1972 (PL 92-500), 86 Stat. 816, 33 USC
1342 and 1345). See 40 CFR Part 124 and 125.

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21-4. Use of Navigable Waters'. Section 7 of the River and Harbor
Act approved'8 August 1917 authorizes the Secretary of the Army to
promulgate regulations for the use, administration, and navigation
of the navigable waters of the United States as public necessity may
require for the protection of life and property or operations of the
United States in channel improvement. Procedures followed for
promulgation of such regulations are similar to those for the permit
program. (ER 1145-2-301)

a. Danger Zones. Regulations can be prescribed for the use and
navigation of any area likely to be endangered by Department of
Defense operations. The authority to prescribe danger zone
regulations is exercised so as not to interfere with or restrict
unreasonably the commerical fishing industry. (ER 1145-2-301)

b. Restricted Areas. When required for the protection of life
and property at Department of Defense installations, certain areas
may be set aside and reserved, such as naval restricted areas.
Reasonable regulations may be prescribed, after public notice,
restricting or prohibiting the use of such areas by vessels. The
Coast Guard is authorized to establish restricted areas for safety
but not restricted areas for DOD-vfacilities. (ER 1145-2-301) -...

c. Speed Limits. When appropriate,' speed limits may be
established to prevent damage to Federal or public property or to
exercise control in the general public interest over the movement of
vessels in'a restricted channel. The Coast Guard also is authorized
to set speed limits for safe operation of vessels in channels and
harbors pursuant to the Ports and Waterways Safety Act of 1972
(P. L. 92-340).

d. Submarine Cable and Pipe Lines Areas. The policy of the
Corps with respect to showing the locations of submarine cables and
pipelines on charts published by the Government is as follows:

(1) Cables and pipelines laid at sufficient depths below the
beds of waterways to prevent interference with navigation or fouling
by anchors are not required to be shown on Government charts issued
for general use. Similarly, there is generally no need to show the
location of pipelines or cables outside protected waters or in the
open sea.

(2) Within protected waters such as harbors, rivers, bays, and
estuaries, the location of submarine pipe or cables shall be
indicated by a labeled shaded area to show the immediate overlying
area. No other information as to the character or ownership of the
installation will appear on the chart. (ER 1145-2-306)

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'..: . f . . ..CHAPTER 22

NATIONAL PROGRAM OF INSPECTION OF NON-FEDERAL DAMS

22-1. Background. The National Program of Inspection of Dams was,
authorized by the National Dam Inspection Act (P.L. 92-367) approved
8 August 1972. The Act authorized the Secretary of the Army acting
through the Chief of Engineers to inventory and inspect all dams in
the United States with certain specified exceptions. The activities
performed under the pro'gram prior to December 1977 consisted of
obtaining an inventory of dams. (49,329); conducting a survey of each
State and Federal agency's capabilities, practices and regulations
regarding the design, construction,, operation and maintenance of
dams; development of guidelines for the inspection and evaluation of
dam safety; and formulation of recommendations for comprehensive
national program. A report on these activities and proposed
legislation, to implement a Federalsdam safety program were
transmitted to the Congress on 16 November 1976. Due to failures of
Teton Dam, Idaho, andKelly Barnes Dam, Georgia, there was a
mounting national and Congressional interest in implementing the
national d.ilam inspection program., Congress appropriated fifteen (15)
million dollars in the 1978 Public Works Appropriation Act (P.L.
95-96) to initiate the inspections. The President decided on 28
November 1977 that the dam inspection program would be immediately
implemented.

22-2-.. Program Objectives. The objectives of the dam inspection
program are to (1) provide technical inspection and evaluation of
non-Federal dams to identify actual hazardous conditions to permit
correction in a timely manner by non-Federal interests; (2) update
and verify the national inventory of dams; and (3) assist the States
in developingand instituting effective dam safety programs for
non-Federal' dams.

22-3.; Scope of Program. The Corps ofi Etgineers expects to inspect
over 9,000 dams including all identified potentially high hazard
non-Federal. dams and a representative`s ample of potentially
significant hazard non-Federal dams located on Federal lands over a
four year period. The national inventory of dams will be verified-
and updated over a three year period to contain about 55,000 dams.
The current estimated cost of this program is $90.1 million through
Fiscal Year 1981.

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22-4. Program Implementation. The States have been asked to
cooperate in conducting the program by providing assurances that
they will take (1) the necessary actions to implement effective dam
safety programs, (2) participate in the program in a manner that
will provide training of State personnel, and (3) use all available
means to require dam owners to take remedial actions expeditiously
where unsafe dams are found. The States have been encouraged to
supervise the program activities utilizing qualified State personnel
or private architect engineers and consulting engineers. Where the
States do not have the capability, the Corps is supervising the
program activities.

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CHAPTER 23

CIVIL WORKS RESEARCH AND DEVELOPMENT (R&D)

23-1. Purpose and Nature. The R&D program is developed to support
and assist in accomplishing the Civil Works (CW) mission. CW
responsibilities encompass management of the nation's inland and
coastal waterways and related land resources. R&D investigations
include engineering, environmental, sociologic and economics.

23-2. Authorization. R&D is considered a logical derivative of
effective and economical management of program accomplishment.
Therefore special authorization is not required.

23-3. Mission/Workload/Problem Orientation. CW R&D requirements
are derived from the Research Needs System. Under this system
Division and District personnel are encouraged to document
operational problems amenable to research. Corps laboratory
personnel or other individuals are encouraged to submit problem
statements related to advanced technology or new responsibilities.
The problem statements, called Mission Problems (MPs), are
distributed annually to the Divisions and Districts for review and
evaluation. Priorities are established for each MP which influence
the selection and initiation of new starts of each fiscal year
program. The R&D programs are reviewed by the Chiefs of the
technical divisions having responsibility for that discipline in
order to assure proper balance of effort. The resulting product is
then reviewed by the CW R&D Committee, which recommends an R&D
program to the Director, CW.

23-4. Emphasis on New Missions and Lead Roles. When a new function
is assigned to CW, an evaluation is made to determine if research is
required to assist in mission accomplishment. R&D is also
responsive to policy indications of lead roles or assignment of
future responsibilities. In order to eliminate duplication, the
Corps laboratories are responsible for identifying research effort
accomplished by others and determining deficiencies that can be
resolved by additional R&D. Research requirements developed in
response to actual or potential assignment of new missions or lead
roles are emphasized by OCE.

23-5. Applied Research and Development. CW R&D effort is primarily
applied research aimed at resolving problems in current and future
operational programs. The results are then published as guidance
for implementation of practical solutions. When specific
deficienies are identified in the current state-of-the-art, some
fundamental research may be accomplished.

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23-6. Current Emphasis and Program Mix. The CW R&D program mix
presently underway reflects attention to priority problems requiring
timely reserach in areas of growing public concern and Corps
responsibilities. Examples are:

a. Improving cost-effectiveness and efficiency in accomplishing
operation and maintenance missions. As more projects are completed
this responsibility becomes more complex due to resource limitations.

b. Water quality protection and improvement to meet the growing
public concern over environmental and health impacts as well as
availability. This effort includes research related to regional and
reservoir wastewater management systems, and water quality problems
induced by impoundments, canalization, channel improvements, dredged
material disposal, and other man-made perturbations and natural
lakes, and riverine and marine systems.

c. Coastal engineering to meet public demands for preservation
of natural resources. Types of research investigated are planning,
design, and permit management of shore and offshore facilities,
mitigation of coastal erosion, and protection and enhancement of
marshlands, estuarine and open coastal ecological systems, and other
environmental values.

d. Special engineering design and construction problems,
related to economics, safety and reliability. Included in this
effort are:

(1) Problems related to seismic activity and poor foundations
(soil or rock).

(2) Hydraulic problems related to navigability, streambank
protection and channel stability.

(3) Construction materials and technology. This effort
includes development and implementation of more efficient and
economical concepts, and methodology for utilizing deficient
aggregates or substituting new materials.

e. Ice engineering, which includes extension of the navigation
season; deicing of navigation locks, walls and gates; unclogging of
ice-jammed water supply intake towers, flood control gates, and
hydropower inlet works; and prevention on mitigation of ice-jam
flooding or ice-pressure damage to bridges and offshore and onshore
structures.

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f. Development of new water resources planning concepts,
related to utilization of non-structural alternatives for floodplain
management problems, and synthetic analysis of economic,
environmental, and social multi-objective goals.

g. Utilization of new concepts or techniques developed by other
disciplines, such as remote sensing, and mathematical models and
eco-models. Applications of these techniques are utilized for data
gathering, monitoring, and evaluating hydrologic, hydraulic, and
other physical and socio-economic problems to assist engineering
decision making.

23-7. Organizational Responsibilities. ER 70-1-5 and 70-2-6
prescribe the functional responsibilities and interrelationships of
the field offices, research centers and OCE.

a. OCE Research and Development Office (RDO). The RDO is
responsible to the Chief of Engineers for centralized management of
the Corps R&D activities at Corps research centers, except the
Institute of Water Resources and the Hydrologic Engineering Center.
RDO defends the CW R&D program before the office of Management and
Budget and the Congressional Appropriations Committees and provides
staff support to the OCE R&D Review Board.

fucto OfE Research and Development Review Board (RDRB). The
funtio ofthe RDRB is to insure that the overall Corps R&D program
meet theChief of Engineers goals, objectives, and priorities.

c. Civil Works Directorate. CW responsibilities include
identification of requirements and allocation of resources. These
responsibilities include: identifying, defining and prioritizing
problems, monitoring technical progress and validity of results, and
transfer of technology to users in field offices in a timely manner
and in a readily applicable form. Coordination with RDO in
developing program guidance to research centers and reorienting or
revising work schedules in response to actual performance or
changing conditions. In addition, the Directorate guides the
Institute of Water Resources and the Hydrologic Engineering Center
in program development and operation.-

(1) CW R&D Committee reviews the proposed distribution of funds
to the current fiscal year and the fiscal year plus one to determine
program balance, assure future problems are properly evaluated, and
determine proper emphasis. Upon completion of the review the
committee makes specific recommendations to the Director, CW. The
User Representatives provide staff support to the committee.

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(2) Chief's of technical divisions review the programs for which4
their Technical Monitors are responsible to assure that the highest
priority needs are addressed.

23-8. Research Work for Others. Corps research centers are
recognized by Federal and State agencies, industry and academia as
experts in their technical fields. This recognition generates
demands by others on the research centers and is authorized by
existing regulations. Accomplishment of work for others is subject
to approval by OCE dependent on the availability of resources and
the accomplishment of assigned mission. Laboratory Investigation
and Materials Testing is undertaken for other (ER 1140-1-210).

23-9. Transfer of Research Results. Research effort is planned and
executed to produce results that can be easily implemented. In the
case of CW effort this requires producing Engineer Technical Letters
(ETLs), Engineer Manuals, computer software user manual, etc.

23-10. internal and External Coordination and Information
Exchange. Internal information exchange is accomplished by
publishing the documented research effort, ETLs, manuals and special
research center bulletins. External coordination is accomplished
through the Defense Documentation Center, National Technical
Information Service, and the Water Resources Scientific Information
Service. In addition, Corps technical people serve on committees
which discuss each agency's programs and capabilities.

23-11. Exclusion of Non-R&D Activities from R&D Funding. Non-R&D
activities such as routine data collection, training, development of
manuals and standard computer programs and Scientific and Technical
Information (STINFO) Centers are not funded from "General
investigations - Research and Development" fiscal category.

23-12. Research not Funded as R&D. Congress has specifically
authorized programs, which include R&D, this R&D is funded under
these specific programs (e.g., Aquatic Plant Program, Fisheries
Engineering, Fish Protection, Environmental Water Quality
Operational Studies). When research is related to a specific
project and is not transferable, the effort is funded by the
specific project. All research effort regardless of source of funds
is considered integral to the CW R&D program.

23-13. Coordination. To assure coordination of the Corps R&D
Program with the programs of other agencies the Corps participates
in the Biennial Interagency Water Resources Research Conference.
Participants include four member agencies, Bureau of Reclamation,

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Tennessee Valley Authority, Bonneville Power Administration and the
Corps. Several other agencies, Federal Highway Administration, Soil
Conservation Service and the Bureau of Mines also participate.
Between conferences, working groups within the respective
disciplines maintain communications and assure effective
coordination.

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CHAPTER 24

ACTIVITIES RELATED TO PROGRAMS
ADMINISTERED BY OTHER FEDERAL AGENCIES

24-1. General. Originally Federal functions with respect to water
resources development involved single-purpose projects by specific
agencies with clear-cut divisions of responsibility and functions.
Successive acts of Congress have extended the legislative
requirements and interest of Federal agencies in different phases of
land and water resources conservation and development. In view of
frequent incompatability among various uses, it is important that
maximum possible coordination be achieved. This is required by
legislation and various administration directives. Consideration of
work for other agencies is an important consideration in the
preparation of budgets and capabilities. Authorities for assisting
agencies in accomplishing activities are discussed in paragraph
9-10. Following are brief summaries of the policy on other agency
activities that are related to Corps programs. See also Chapter 27
- Interagency Agreements.

24-2. Environmental Review and Coordination. Proposed actions of
one Federal agency which relate to another's area of jurisdiction
and expertise must, in accordance with the provisions of Section
102(2)(C) of the National Environmental Policy Act of 1969 (P.L.
91-190), be coordinated, reviewed and complemented where possible by
and among the agencies involved. The Corps objective in reviewing
environmental impact statements drafted by other agencies is to
provide constructive assistance on proposals related to the Corps
functional area of responsibility and expertise. The review of
environmental impact statements prepared by other agencies will
consider the impact of such proposals on the Corps of Engineers
functional area of responsibility. (ER 200-2-2)

24-3. Watershed Protection. The Soil Conservation Service, under
authority of the Watershed Protection and Flood Prevention Act of
1954, Public Law 566, 83d Congress, as amended, constructs dams and
other engineering works in upstream watersheds for a variety of
purposes including flood control. The Corps cooperates fully with
the SCS in its carrying out the program; and strives to bring about
coordination between the P.L. 566 program and the program of the
Corps. (EM 1120-2-101)

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24-4. National Wild and Scenic Rivers Systems. At the request of
the HCRS and Forest Service, the Corps participates in field studies
of stream segments specified in P.L. 90-542, as amended, and other
proposed segments for potential additions to the National System.

24-5. Land and Water Conservation Fund. The HCRS provides
assistance to the States and Territories in preparing and
maintaining Comprehensive Statewide Outdoor Recreation Plans. These
plans are required by Public Law 88-578 for State participation in
the Land and Water Conservation Fund. Planning for recreation
development at Corps projects is coordinated with, and assists in
the fulfillment of, plans developed by the States pursuant to the
Land and Water Conservation Fund Act. (ER 1165-2-400)

24-6. Community Development Program. Title I of the Housing and
Community Development Act of 1974, Pub. Law 93-383, establishes a
program of community development grants. This program is
administered by the Department of Housing and Urban Development.
The primary objective of the Community Development Program is the
development of viable urban communities, including decent housing
and suitable living environment and expanding economic
opportunities, principally for persons of low and moderate income.
Under the program, cities may undertake a wide range of activities
directed toward neighborhood revitalization, economic development,
and provision of improved community facilities and services. Some
of the specific activities that can be carried out with block grant
funds include acquisition of real property, relocation and
demolition, rehabilition of residential and nonresidential
structures, and provision of public facilities and improvements,
such as neighborhood centers, streets, water and sewer facilities,
and flood and drainage facilities in cases where assistance for such
facilities has been determined to be unavailable under other Federal
laws or programs. In addition, block grant funds are available to
pay for certain public services which are appropriate or necessary
to support other block grant activities. The Corps participates in
community development activities in various ways. Participation
includes acting as a- direct action agent under existing
Congressional authorities for flood control, beach erosion control,
or navigation improvement. The Corps provides technical information
and advice or, where appropriate, serves as an
engineering-consultant in areas of special Corps expertise.

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24-7. Small Reclamation Projects. The Small Reclamation Projects
Act of 1956 (Public Law 984, 84th Congress), as amended, established
a program under which non-Federal organizations in the 17 contiguous
western States and Hawaii can obtain loans for small reclamation
projects. The Corps, in cooperation with the Bureau of Reclamation,
assists in analysis and evaluation of the Federal interest when loan
applications propose projects which involve flood control effects.
(ER 1165-2-111)

24-8. National Recreation Areas. National Recreation Areas (NRA)
at Corps reservoirs will normally be developed and managed by the
Corps of Engineers in accordance with authorizing legislation. A
Corps project may be so located, or may be of such size and nature,
that it would make a desirable addition to a major resource area
being administered by another Federal agency. In such cases, the
Corps may enter into an agreement under which the area will be
managed (as an NRA) by that agency. (ER 1165-2-400)

24-9. Forest Service Lands. The policy of developing recreation as
an integal part of a coordinated overall management plan includes
reservoir projects of the Corps located within or partly within the
National Forest System. District Engineers and Forest Surpervisors
cooperate at all project stages in accordance with a Memorandum of
Agreement, dated 13 August 1964, by the Secretaries of the Army and
Agriculture. The objective is to meet the public needs of both the
National Forest and the water resource projects in a cost efficient
manner. (ER 1120-2-400)

24-10. National Trails System. Public Law 90-543 contains
procedures for setting up national recreation and scenic trails.
National recreation trails located near urban areas may be
established by the Secretary of the Interior, or by the Secretary of
Agriculture where lands administered by either are involved.
National scenic trails, and extended trails so located as to provide
for maximum outdoor recreation potential, are established by Acts of
Congress. The Corps recognizes that the aesthetic attractiveness of
scenic corridors available on project lands can be enhanced by
incorporation of trails or trail systems. Accordingly, wherever
warranted by the current or potential public use of Corps water
resource projects, consideration is given in planning to the
incorporation of trails. (ER 1120-4-400)

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28 Sep 79

24-11. Endangered Species. The Endangered Species Act of 1973 (PL
93-205), as amended (F 95-632), states the policy of Congress is
that all Federal departments and agencies shall seek to conserve
endangered species and threatened species and shall utilize their
authorities in furtherance of the purposes of this Act. The
purposes of this Act are to provide a means whereby Ithe ecosystems
upon which endangered species and threatened species depend may be
conserved and to provide a program for the conservation of such
endangered species and threatened species. Section 7 states that
each Federal agency, shall, in consultation with and with the
assistance of the Secretary of Interior/Commerce, insure that any
action authorized, funded, or carried out does not jeopardize the
continued existence of any endangered species or threatened species
or result in the destruction or adverse modification of
habitat.... determined by the Secretary (Interior/commerce) .... to be
critical unless an exception has been granted by the Endangered
Species Committee. Additional guidelines for protection of marine
mammals are established in P.L. 92-522. (ER 1105-2-129)

24-12. Herbicide and Pesticide Control

a. Administration.; Controls are exercised by the Chief of
Engineers to insure the appropriate use of herbicides and other
pesticides through professional training of pest control personnel,
selection of suitable pest control agents, research and development
on satisfactory and economical methods of control agents and the
systematic review of pest control program. The Division Engineer is
responsible for providing the training of pest control personnel and
the reporting of pesticide programs as prescribed. (ER 1130-2-413)

b. Personnel Training. All personnel directly involved in pest
control must be properly trained in the safe application of
herbicides, insecticides, rodenticides, fumigants and fungicides.
Training programs are conducted an a periodic basis and include
written examinations of technical information relating to the
appropriate use of specific materials, safe storage and handling of
toxi~c materials and the proper operation and maintenance of
equipment. Training of personnel includes correspondence courses,
practical demonstrations, on-the-job training, and conference
sessions of supervisory and technical specialists.
(ER- 1130-2-413)

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EP 1165-2-1
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c. Summary Reporting. Pest control programs are reported by
the District to the Division to OCE and reviewed for appropriate use.'

d. Restricted Pesticides. There is no pesticide so toxic that
it cannot be safety handled if proper precautions are taken, nor is
there any pesticide so safe that label cautions can be ignored. To
insure that pesticides are used within' the capability of pest
control personnel and that proper environmental considerations
given, restricted use of pesticides must be applied by certified:
applicators. (ER 1130-2-413)

24-13. Federal Energy Regulatory Commission (FERC) Licenses. Under -
the Federal Power Act, non-Federal entities are required to obtain
from the Federal Power Commission (now FERC) a license for
construction and operation of hydroelectric power developments-
affecting navigable waters, lands of the United States, or
interstate commerce. The Federal Power Act requires the proposed
power project to be optimally related to comprehensive development
plans. All applications for license are referred to the Corps and
other agencies for views and recommendations concerning licensing
and provisions to be included in the license if issued.
Applications for FERC permits which give the applicant priority of
interest in a power site pending completion of studies, but do not
authorize construction, are likewise referred to the Corps. The Act
also specifies that no license affecting navigation shall be issued
until the plans are approved by the Chief of Engineers and the
Secretary of the Army. (ER 1140-2-4)

a. License Renewal. The United States has the right, upon the
expiration of any FERC license, to take over and thereafter to
operate the project under certain circumstances, if such action is
in the public interest. The Corps is required to comment on license'
renewal applications. Although a number of licenses have recently
expired, the Corps has, to date, not recommended takeover in any
case to the FERC.

b. Distinction between Corps of Engineers and FERC Jurisdiction
with Respect to Non-Federal Hydroelectric Projects.

(1) The following procedures are currently being followed in
connection with Department of Army permit responsibilities involving
pre-1920 legislation:

(a) In regard to FERC licensing of projects, Corps
responsibilities under Section 10 of the River and Harbor Act of
1899, for power related activities, may normally be met through the

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EP 1165-2-1
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FERC licensing procedure including insertion of terms and conditions
in the license of the interest of navigation. Section 4(e) of the
Federal Power Act provides for approval of plans of project works by
the Chief of Engineers and Secretary of the Army from the standpoint
of interests of navigation. The consideration for Corps approval
under Section 4(e) will be limited t6 effects of project power
related activities on navigation.

(b) Applications to Corps Division or District Engineers for
approval of repairs, maintenance or modification of non-Federal
water power projects authorized under River and Harbor Acts as well
as special Acts of Congress prior to 1920, or requests for advice
with respect thereto should be referred to the FERC for
consideration in accordance with the provisions of the Federal Power
Act. The permittee should be advised that the application is being
referred to the FERC for consideration and that if a FERC license is
required, Corps recommendations will be furnished to the FERC.

(2) Responsibilities under Section 404 of the Clean Water Act
of 1977 pertinent to discharge of dredged or fill material into the
navigable waters at specified disposal sites will be met only
through the Department of Army permit procedures. In reguard to
FERC cases involving Section 404, the Corps report to the FERC
through (DAEN-CWE-HY) will specify the need for a Department of Army
permit (Section 404) if, on the basis of the Division and District
Engineers' reports, such permit is deemed necessary. A Department
of the Army permit will be required for any portion of a proposed
project which involves the discharge of dredged or fill material
into the waters of the United States. This includes the placement
of fill necessary for construction of a project's dam and
appurtenant structures.

(3) When applicable, FERC will be advised that the requirement
for Department of the Army permit pursuant to Section 103 of the
Marine Protection, Research and Sancturaries Act of 1972 for the
transport of dredged material from the project site for the purpose
of dumping it into the ocean waters will be met only through the
Department of the Army permit program.

(4) In connection with FERC licensed projects, there may be
proposed nonpower water oriented activities, such as recreational
development, which are associated with the overall project but may
not be a part of the hydroelectric power facilities at the project.
Such cases, if involving navigable waters should be reviewed from
the standpoint of need for a Section 10 permit. Such Section 10
permit actions would involve consideration of the overall public

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interest including water quality, fish and wildlife, recreation,
general environmental concerns and the needs and welfare of the
people. Corps responsibilities for permit requirements under
Section 10 of the River and Harbor Act of 1899 for nonpower
activities affecting navigable waters at the FERC projects will be
met only through the Corps permit procedures. The Corps' report to
FERC through (DAEHN-CWE-IHY) will specify the need for such permit
when recommended by the Division and District Engineers' report.

24-14. Prime and Unique Farmland. Reporting officers contact USDA
State and Land Use Committees to identify prime and unique farmland
which may be impacted by proposed Corps actions. Direct and induced
impacts on these farmlands are evaluated and discussed in
environmental impact statements and plarnning reports. (ER 200-2-2)

24-15. EPA Construction Grants Programs. The EPA under Title II of
the Federal Water Pollution Control Act of 1972 as amended in 1977
is responsible for administering grants to cities for construction
of sewage treatment systems. The objective of the program is to
clean up the nations rivers and streams to a level of quality to
support fish and recreational use by 1984. The Corps is assisting
EPA in managing the grants once the project has reached the
construction phase. The Corps participation is in accordance with
the interagency agreement of 20 January 1978. The Agreement is for
the Corps to provide construction management services and act as an
engineering-consultant to EPA in areas of special Corps expertise.

24-16. Wastewater Management Planning. The Environmental
Protection Agency, under authority of the Federal Water Pollution
Control Act, As Amended, administers programs which provide
financial grants to local agencies for the planning and construction
of wastewater management facilities. The Corps of Engineers
participates in the planning of wastewater facilities or systems as
follows:

a. The Corps may perform a single purpose wastewater management
study in response to a Congressional resolution or an act of
Congress.

b. The Corps may engage in wastewater management planning as
part, of an urban study.

C. The Corps may provide advisory assistance to local or State
agencies engaged in areawide waste treatment planning at the request
of such agency. (ER 1105-2-180)

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24-17. Coastal Zone Management Act (CZMA) of 1972, as amended
(Public Law 92-583). This Act declared a national interest in the
effective management, beneficial use, protection and development of
the coastal zone. It indicates that the primary responsibility for
planning and regulation of land and water uses rests with the State
and local governments. The Act states that Congress finds that the
key to more effective protection and use of the land and water
resources of the coastal zone is to encourage the State to exercise
their full authority over lands and waters in the coastal zone. The
Secretary of Commerce is authorized to award Federal grants to
assist the States in developing and administering land and water use
management programs for the coastal zone giving full consideration
to ecological, cultural, historic and esthetic values as well as to
the need for economic development. Federal agencies with activities
directly affecting the coastal zone or development projects within
that zone must assure that those activities or projects are
consistent, to the maximum extent practicable, with the approved
State program.

a. Policy regarding Corps role under PL 92-583.

(1) Civil Works activities undertaken subsequent to approval of
a State's Coastal Zone Management (CZM) plan will be consistent with
the plan to the maximum extent practicable.

(2) Permit applications for activities regulated by Corps
authorities must include a certification that the action
comtemplated is consistent with the approved State CZM Plan.

(3) Technical assistance requested by the states to assist
their implementation of the national policy for coastal zone
management will be provided to the extent practicable.

b. Corps of Engineers Responsibilities.

(1) Although the Corps of Engineers was not given a specific
legislative assignment in the development or implementation of state
coastal zone management programs, it was designated a relevant
Federal agency. As such, the Corps provides review and comment on
regulations and guidance pursuant to the Coastal Zone Management
Act, participates in meetings, conferences, and other activities, as
requested, and provides technical assistance, as appropriate. The
Corps also coordinates with each State in the development of its
program, reviews draft and final program documents, and reviews
draft and final EIS's.

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28 Sep 79

(2) Corps coordination and review responsibilities are carried
out by designated CZM coordinators for each coastal state and a CZM
coordinator in OCE.

(3) Corps review of a State CZM program considers the adequacy
of the program with respect to the Corp's authorities and
responsibilities. The program is also reviewed to assess its
compliance with the CZMA.

24-18. Flood Insurance Studies. Under the interagency agreements,
the Corps undertakes flood insurance studies for the National Flood
Insurance Program administered by the Federal Insurance and Hazard
Mitigation Office (until recently the Federal Insurance
Administration in HUD) of the Federal Emergency Management
Agency(FEMA). These studies are done on a reimbursable basis at the
election of District officers.

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CHAPTER 25

LEGISLATION PERTINENT TO THE WATER RESOURCES PROGRAM OF
THE CORPS OF ENGINEERS

25-1. 11 March 1779, Corps of Engineers. Resolved, "That the
engineers in the service of the United States shall be formed into a
corps and styled the 'Corps of Engineers,' xxxxxxThat a commandant
of the Corps of Engineers shall be appointed by Congress, xxx."

25-2. 24 May 1824, Navigation. The first appropriation by Congress
for work in navigable waters was $75,000 for improving navigation
over sand bars in the Ohio River and for removing snags from the
Ohio and Mississippi Rivers (4 Stat. 32).

25-3. 3 March 1875, River and Harbor Act of 1875. Work by
Contract. Section 1 directed that Secretary of Army apply funds as
far as may be practical by contract after public advertisement, and
to lowest responsible bidders.

25-4. 28 June 1879, Mississippi River Commission. Federal flood
control activity took definite form by the establishment of the
Mississippi River Commission with jurisdiction over navigation work
and flood control related thereto on the lower Mississippi River (21
Stat. 37, 33 U.S.C. 641-647).

25-5. 24 April 1888, Condemnation Proceedings and Donations.
Authorized the Secretary of Army to initiate condemnation
proceedings for any lands, rights-of-way, or material needed to
maintain, operate, or prosecute works for the improvement of rivers
and harbors and to accept donations of lands or materials required
for the maintenance or prosecution of such works (24 Stat. 94, 33
U.S.C. 591)

25-6. 11 August 1888, River and Harbor Act. Fishway Construction.
Section 11 authorized construction of fishways whenever Federal
river and harbor improvements obstruct passage of fish (26 Stat.
426, 33 U.S.C. 608).

25-7. 21 February 1891, Commercial Statistics. Required owners,
agents, masters and clerks of vessels arriving or departing from
locations on waterways improvements to furnish statistics on
vessels, passengers, freight and tonnage (26 Stat. 766, 46 U.S.C.
48). (See Section 11, PL 67-362)

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25-8. 13 July 1892, River and Harbor Act.
Dredging Restrictions. Section 5 prohibited the expenditure of
money appropriated for the improvement of rivers and harbors, for
dredging inside of duly established harbor lines (27 Stat. 111, 38
U.S.C. 628).

25-9. 1 March 1893, Debris Commission. The California Debris
Commission was established with certain jurisdiction over hydraulic
mining of the territory drained by the Sacramento and San Joaquin
River Systems (27 Stat. 507, 33 U.S.C. 661).

25-10. 3 March 1899, River And Harbor Act.
Permits. Section 9 requires approval of the Chief of Engineers, the
Secretary of the Army and the consent of Congress for the
construction of bridges, dams, dike, etc across any navigable water
of the U.S. structures built under State authority in a single state
require approval of the Chief of Engineers and the Secretary of the
Army (33 U.S.C. 401) Section 10 prohibited placing obstructions to
navigation outside established Federal lines and excavating from or
depositing material in such waters, unless a permit for the works
has been authorized by the Secretary of Army (30 Stat. 1151, 33
U.S.C. 403).
Harbor Lines. Section 11 authorized the Secretary of Army to
establish harbor lines beyond which no piers, wharves, etc., shall
be extended without a permit (30 Stat. 1151, 33 U.S.C. 404).
Refuse. Section 13 prohibited depositing refuse, except that
fl-owing from streets and sewers in a liquid state, into any
navigable water (30 Stat. 1152, 33 U.S.C. 407).
Obstructions. Section 15 prohibited obstructions by anchoring
vessels and outlines the duties of an owner of a sunken vessel (30
Stat. 1152, 33 U.S.C. 409).
Sunken Vessels. Section 19 authorized removal of sunken vessels or
other obstructions to navigation, if not removed by owner. (33
U.S.C. 414). Vessel Grounding. Section 20 authorized removal or
destruction of sunken or grounded vessels in emergencies endangering
navigation. (33 U.S.C. 415).

25-11. 13 June 1902, Pub. Law 154, 57th Congress-River and Harbor
Act. BERH. Section 3 authorized the establishment of the Board of
Engineers for Rivers and Harbors with a primary function of
reviewing all reports upon examinations and surveys authorized by
Congress. (32 Stat. 372, 33 U.S.C. 541).

25-12. 17 June 1902, Pub. Law 161, 57th Congress-Reclamation. The
Reclamation Act of 1902 established irrigation in the West as a
national policy. The Act authorized the Secretary of the Interior

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to locate, construct, operate and maintain works for the storage,
diversion, and development of waters for the reclamation of arid and
semiarid lands in the Western States (32 Stat. 388, 43 U.S.C. 1457).

25-13. 3 March 1905, Pub. Law 215, 58th Congress-River and Harbor
Act. Refuse Regulations. Section 4 authorized the Secretary of the
Army to prescribe regulations to govern the transportation and
depositing of refuse in navigable waters (33 Stat. 1147, 33 U.S.C.
419). Section 6 provides for funding of activities associated with
implementation of the above.

25-14. 3 March 1909 Pub. Law 317, 60th Congress-River and Harbor
Act. Lock and Dam Replacement - Free Passage. Section 6 provided
for replacement of obsolete locks and dams on authorized waterways.
(35 Stat. 818, 33 U.S.C. 5). Contents of Survey Reports. Section
13 directed that reports contain such data as may be practicable to
secure regarding the establishment of terminal and transfer
facilities, development and utilization of water power for
industrial and commercial purposes, and other subjects properly
connected with the project (35 Stat. 822).

25-15. 25 June 1910, Pub. Law 264, 61st Congress-River and Harbor
Act. Stream Flow Measurements. Section 3 directed that surveys of
navigable streams include such streamflow measurements and other
investigations of the watersheds as necessary for preparation of
plans of improvements (36 Stat. 669, 33 U.S.C. 546).

25-16. 27 February 1911, Pub. Law 425, 61st Congress-River and
Harbor Act. Uniform Freight Classification. Section 1 directed the
Corps to adopt a uniform system or freight classification in the
collection of statistics related to traffic and to collate
ton-mileage statistics upon rivers or inland waterways. Section 1
of 25 July 1912 Act also calls for such a uniform system. (37 Stat.
201, 33 U.S.C. 405).

25-17. 1 March 1911, Pub. Law 435, 61st Congress-Conservation of
Watersheds. Section 1 enables the States to enter into compacts or
agreements with other States or the United States for the purpose of
conserving the forests, water supplies and navigability of rivers
(36 Stat. 961, 16 U.S.C. 552).

25-18. 25 July 1912, Pub. Law 241, 62d Congress-River and Harbor
Act. BERH Functions. Section 3 authorized the BERH to examine and
review special reports on request of the Chief of Engineers. (37
Stat. 232). Future Power. Section 12 authorized the Secretary of
Army on recommendation of Chief of Engineers to provide in any
authorized

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dam such foundations, sluices, and other works as may be considered
desirable for future water power development (37 Stat. 233, 33
U.S.C. 609).

25-19. 4 March 1913, Pub. Law 429, 62d Congress-River and Harbor
Act. Contents of Survey Reports. Section 3 required that
additional information be included in reports on terminal and
transfer facilities, water power development, and other subjects
that could be properly connected with a project (37 Stat. 825, 33
U.S.C. 545).

25-20. 4 March 1915, Pub. Law 291, 64th Congress-Appropriation Act.
Contributed Funds. Section 4 authorized the Secretary of Army to
receive contributions from private parties for expenditure with
Federal funds on authorized river and harbor improvements (38 Stat.
1053, 33 U.S.C. 560). Bends. Section 5 provides that channel
dimensions include increases at entrances, bends, sidings, and
turning places for free movement of vessels.
Anchorages. Section 7 authorized the Secretary of Army to establish
anchorage grounds for vessels in all harbors, rivers, bays and other
navigable waters (38 Stat. 1053, 33 U.S.C. 471). NOTE: This
function was transferred to Secretary of Transportation by the
Department of Transportation Act of 15 Oct 1966, Pub. Law 89-670.

25-21. 1 March 1917, Pub. Law 367, 64th Congress-Flood Control
Act. Flood Control. Federal construction of flood control
improvements was extented outside the Mississippi Valley for the
first time. Section 2 authorized a project for the Sacramento
River, California (39 Stat. 949, 33 U.S.C. 703).
Contents of Survey for Flood Control. Section 3 provided that all
provisions of existing law on reports and projects for rivers and
harbors should apply, insofar as applicable, to flood control and
prescribed that all surveys for flood control should include a
comprehensive study of the watershed, including water power, the
effect of the improvement on navigation, and "such other uses as may
be properly related to or coordinated with the project."
BERH Opinion. Requires BERH, in considering flood control projects,
to state its opinion as to Federal interest, share of expense to be
borne by the Federal Government, and advisability of adopting
projects. (39 Stat. 950, 33 U.S.C. 701).

25-22. 8 August 1917, Pub. Law 37, 65th Congress-River and Harbor
Act of 1917.
Condemnation Proceedings. Section 9 authorized the Secretary of
Army to institute condemnation proceedings in the name of the United
States for the acquisition of any land or easement whenever any

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State, any reclamation, flood control or drainage district, or other
public agency created by the State is unable to obtain such land or
easement for projects authorized by Congress (40 Stat. 267, 33
U.S.C. 593).

25-23. 18 July 1918, Pub. Law 200, 65th Congress-River and Harbor
Act of 1918.
Condemnation. Section 5 granted the Secretary of Army the right to
take immediate possession of lands on which he has instituted
condemnation proceedings in the name of the United States for the
acquisition of dry lands, easements, or rights-of-way needed for
authorized river and harbor improvements (40 Stat. 911, 33 U.S.C.
594).

25-24. 2 March 1919, Pub. Law 323, 65th Congress-River and Harbor
Appropriation Act. Public Terminal. Section 1 stated the policy of
Congress that ". . . at least one public terminal should exist,
constructed, owned, and regulated by the municipality, or other
public agency of the State and open to the use of all on equal
terms, . . ." (40 Stat. 1286, 33 U.S.C. 551).
Contract Price. Section 8 provided that contract price should not
exceed by 25% the estimated cost of doing work by Government plant.
(Amended by PL 95-269)

25-25. 28 February 1920, Pub. Law 152, 66th Congress-Transportation
Act. Section 500 stated the policy of Congress to promote water
transportation. Duties of the Secretary of Army with the object of
promoting water transportation, were outlined (41 Stat. 499, 49
U.S.C. 142).

25-26. 5 June 1920, Pub. Law 261, 66 st. Congress - Merchant Marine
Act of 1920. Section 8 authorizes preparation and updating of Port
Series prepared by BERH, on port facilities and harbor conditions of
principal U.S. Coastal and Great Lakes Ports to include compilation,
publishing and distribution of useful statistics, data and
information on inland waterways.

25-27. 5 June 1920, Pub. Law 263, 66th Congress-River and Harbor
Appropriation Act-Contents of Survey Reports. Section 2 provided
that reports "shall contain a statement of special or local benefit
which will accrue to localities affected by such improvement and a
statement of general or national benefits, with recommendations as
to what local cooperation should be required, if any, on account of
such special or local benefit" (41 Stat. 1010, 33 U.S.C. 547).

25-28. 10 June 1920, Pub. Law 280, 66th Congress-The Federal Water
Power Act. Control non-Federal development of hydroelectric power

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through a licensing system to be administered by the newly created
Federal Power Commission (FPC). Pub. Law 95-91 created the Federal
Energy Regulatory Commission to replace functions administered by
the FPC. (41 Stat. 1063, 16 U.S.C. 797e).

25-29. 22 September 1922, Pub. Law 362, 67th Congress. Section 9
directs that no projects will be considered for adoption, except
with a view to a survey, if five years elasped since the report on
the proposed project was submitted to Congress. Section 11 provides
for the principal program governing the collection and compilation
of statistics on the water borne commerce of the U.S. Section 13
extends jurisdiction of Mississippi River Commission for the
purposes of levee and bank protection, to the tributaries and
outlets of the Mississippi River between Cairo, Ill. and the Head of
the Passes. (42 Stat. 1043, 33 U.S.C. 555).

25-30. 3 March 1925, Pub. Law 585, 68th Congress-Contributed
Funds. Section 11 authorizes acceptance of funds advanced by local
interests for prosecution of rivers and harbors work.

25-31. 21 January 1927, Pub. Law 560, 70th Congress-River and
Harbor Act. 308 Reports. Section 1 authorized surveys in accordance
with H. Doc. 308, 69th Congress. (usually referred to as "308
Reports") on comprehensive development for navigation, water power,
and flood control. This provided Congress basis for some emergency
relief projects of the 1930's and the basic plan of TVA. (45 Stat.
534).

25-32. 15 May 1928, Pub. Law 391,70th Congress-The Flood Control
and Protection Act of 1928.
Comprehensive MR&T. Section 1 authorized the comprehensive plan for
control of the Mississippi River and tributaries. (45 Stat. 534, 33
U.S.C. 702a).

25-33. 3 July 1930, Pub. Law 520, 71st Congress-Beach Erosion Board
Established. Section 2 established the Beach Erosion Board. This
Act of Congress provided for the Federal Government to make shore
and beach protection studies in cooperation with local interests.
The BEB was directed to furnish technical assistance and review
reports of the investigations (46 Stat. 945, 33 U.S.C. 426). NOTE:
The Act of 7 November 1963 abolished BEB, transferred review
functions to BERH, and established the Coastal Engineering Research
Center.

25-34. 10 February 1932, Pub. Law 16, 72d Congress-Recreational
Boating. "The Fletcher Act" broadened the scope of Federal interest
in navigation to include as "commerce" the use of waterways by
"seasonal passenger craft, yachts, houseboats, fishing boats, motor

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boats, and other similar water craft, whether or not operated for
hire". (47 Stat. '42, 33 U.S.C. 541)

25-35. 30 August 1935, Pub. Law 409-River Harbor Act of 1935-Content
of Survey Reports. Section 5 required that navigation studies of
the improvement of the entrance of the mouth of any river or of any
inlet contain information concerning the possible accretion/erosion
effects of the improvements on the shoreline for at least 10 miles
on either side (49 Stat. 1048, 33 U.S.C. 546a).

25-36. 22 June 1936, Pub. Law 738, 74th Congress-Flood Control Act
of 1936. Section 1 declared flood control to be a proper Federal
activity; that improvements for flood control purposes are in
interest of the general welfare; that the Federal Government should
improve or participate in the improvement of navigable waters or
their tributaries for flood control "if the benefits to whomsoever
they may accrue are in excess of the estimated costs, and if the
lives and social security of people are otherwise adversely
affected" (49 Stat. 1570, 33 U.S.C. 701a).
Jurisdiction. Section 2 set forth the jurisdiction of Federal
activities and prescribed among other things, "That, hereafter,
Federal investigations and improvements of rivers and other
waterways for flood control and allied purposes shall be under the
jurisdiction of and shall be prosecuted by the Army Department under
direction of the Secretary of Army and supervision of the Chief of
Engineers" (49- Stat. 1570, 33 U.S.C. 701b).
Local Cooperation. Section 3 stipulated for the projects authorized
therein what have become known as the "a-b-c" requirements of local
cooperation; that local interests should: (a) provide without cost
to the United States all lands, easements, and rights-of-way
necessary for the construction of the project, except as otherwise
provided herein; (b) hold and save the United States free from
damages due to the construction works; (c) maintain and operate all
the works after completion in accordance with regulations prescribed
by the Secretary of Army (49 Stat. 1571, 33 U.S.C. 701c).
Requirement (b) amended by Sec. 9 of the Water Resources Development
Act of 1974 (Pub. Law 93-251).

25-37. 19 July 1937, Pub. Law 208, 75th Congress-Contributed Funds.
Authorized the Secretary of the Army to receive and expend funds
contributed by States and political subdivisions in connection with
funds appropriated by the United States for flood control projects
when considered advantageous to the public interest (50 Stat. 518,
33 U.S.C. 701h).

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25-38. 28 August 1937, Pub. Law 406, 75th Congress.
Clearing and Snagging. Section 2 authorized small clearing and
snagging projects for flood control, limited to Federal cost per
project (50 Stat. 877, 33 U.S.C. 701g). Amended by Pub. Law 93-251
to $250,000 limit per project.

25-39. 20 June 1938, Pub. Law 685, 75th Congress-River and Harbor
Act of 1938; Land Exchange. Section 2 authorized the Secretary of
Army upon the recommendation of the Chief of Engineers, to exchange
land or other property of the Government for private lands or
property which may be advisable in the execution of authorized work
of river and harbor improvement. Section 10 authorized the
Secretary of Army to grant easements for rights-of-way for public
roads across Federal lands. (52 Stat. 804, 33 U.S.C. 558b).

25-40. 28 June 1938, Pub. Law 761, 75th Congress-Flood Control Act
of 1938 Modified a-b-c's. Section 2 modified the flood control Act
of 22 June 1936 eliminating the a-b-c requirements for flood control
reservoirs channel improvement or channel rectification projects.
Lands, easements and rights of way include highway, railway and
utility relocation. Amended by Act of 18 August 1941 (52 Stat.
1215, 33 U.S.C. 701 c-l).
Flood Area Evacuation. Section 3 provided for modification of
authorized projects to provide for evacuation of all or parts of
flood areas where such action would substantially reduce protection
costs of authorized flood walls or levees (52 Stat. 1216, 33 U.S.C.
701i).
Future Power. Section 4 authorized installation of facilities for
future power use when approved by the Secretary of Army on
recommendation of the Chief of Engineers and the Federal Power,
Commission (52 Stat. 1216, 33 U.S.C. 701s).

25-41. 4 August 1939, Pub. Law 260, 76th Congress-Reclamation
Project Act of 1939. Section 9(b) permitted BUREC to allocate part
of reclamation project costs to flood control and navigation. In
connection with the making of such an allocation, the Secretary of
Interior shall consult with Chief of Engineers and Secretary of Army
and may perform necessary investigations or studies under a
cooperative agreement with the Secretary of War (53 Stat. 1193, 43
U.S.C. 485h).

25-42. 21 June 1940, Pub. Law 647, 76th Congress-Bridge
Alterations. The Bridge Alteration Act (Truman-Hobbs Act) provided,
for apportionment between the U.S. and the owners, of the cost of
altering or relocating railroad and combined railroad and highway
bridges, when found unreasonably obstructive to navigation. The
owner must bear the part of the cost attributable to direct and

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special benefits accruing to the owner and the U.S. pays the balance
including that attributable to the necessities of navigation (54
Stat. 497, 33 U.S.C. 516). Corps responsibility for administration
of the Act were transferred to Department of Transportation 15 Oct
1966. Section 6 remains the basis for sharing cost of bridge
changes in navigation survey reports.

25-43. 18 August 1941, Pub. Law 228, 77th Congress-Flood Control
Act 1941 Local Cooperation. Section 2 modified the 1936 and the
1938 Flood Control Acts and required the a-b-c requirements only for
channel and local protection projects and not for flood control
reservoirs. This section also provided that authorization for any
flood control project shall expire unless cooperation is furnished
within 5 years after notification. This provision has been included
in subsequent Flood Control Acts (55 Stat. 638, U.S.C. 701-c).
Emergency Flood Control Work. Section 5 authorized an emergency
fund to be used for flood emergency preparation, flood fighting, and
repair and restoration of flood control works. Section amended and
restated by Public Law 99, Act of June 28, 1955.
Sharing Leasing Monies. Section 7 provided that 25% of money from
leasing of reservoir lands be paid to the State for schools and
roads. Later amended to 75% by P.L. 780, 83d Congress. (33 U.S.C.
701c - 3)

25-44. 22 December 1944, Pub. Law 534, 78th Congress-Flood Control
Act of 1944.
Rights of States. Section 1 declared policy of Congress to
recognize rights and interests of the States in water resource
development, and requirement for consultation and coordination with
affected States (58 Stat. 887, 33 U.S.C. 701-1).
Coordination with Department of Interior. Section 1 calls for
coordination with the Department of the Interior in cases involving
water rising west of the 97th meridian.
Major Drainage. Section 2 defined major drainage as flood control.
This provides legislative basis for consideration of major drainage
improvements in flood control investigations and reports (58 Stat.
889, 33 U.S.C. 701 a-i)
Recreation. Section 4 authorized providing facilities in reservoir
areas for public use, including recreation and conservation of fish
and wildlife (58 Stat. 889, 16 U.S.C. 460-b).
Power Disposition. Section 5 provided for disposal by the Secretary
of the Interior of surplus electric power from Corps projects (58
Stat. 890, 16 U.S.C. 825s).
Water Supply. Section 6 authorized disposal by the Secretary of
Army, for domestic and industrial uses, of surplus water available
at reservoirs. (33 U.S.C. 708)

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Regulations for Use of Storage. Section 7 specified that the
Secretary of the Army shall prescribe regulations for the use of
storage allocated for flood control or navigation to all reservoirs
constructed wholly or in part with Federal funds, except those of
the TVA (58 Stat. 890, 33 U.S.C. 709).
Irrigation. Section 8 provided that Corps reservoirs may include
irrigation purpose in 17 western states. (43 U.S.C. 390)

25-45. 2 March 1945, Pub. Law 14, 79th Congress-River and Harbor
Act of 1945-Clearing and Snagging. Section 3 authorized small
clearing and snagging projects for navigation or flood control.
Annual expenditure for Nation limited to $300,000 (59 Stat. 23, 33
U.S.C. 603a).

25-46. 31 July 1945, Pub. Law 166, 79th Congress-Shore Protection
Studies. This Act repealed the Act of June 26, 1936 (49 Stat. 1982)
and established authority for the Beach Erosion Board to pursue a
program of general investigation and research and to publish
technical papers (59 Stat. 508, 33 U.S.C. 426a).

25-47. 24 July 1946, Pub. Law 526, 79th Congress-Flood Control Act
of 1946. Submission of reports. Section 2 states that no project
or modification not authorized, of a project for flood control or
rivers and harbors shall be authorized by the Congress unless a
report for such project has been previously submitted by the Chief
of Engineers.
R. R. Bridge Alterations. Section 3 authorized the Chief of
Engineers to include at Federal expense necessary alterations to
railroad bridges and approaches on authorized flood-protection
projects (60 Stat. 642, 33 U.S.C. 701p).
Leases. Section 4 amended Pub. Law 534, 78th Congress, to include
authority to grant leases to non-profit organizations at recreation
facilities in reservoir areas at reduced or nominal charges (60
Stat. 642, 16 U.S.C. 460d).
Repair of Facilities Damaged by Operation of Corps Dam. Section 9
authorized repair of highway, railroad, or utility damaged by the
operation of a dam or reservoir (60 Stat. 643, 33 U.S.C. 701q).
Emergency Bank Protection. Section 14 authorized emergency bank-
protection works to prevent flood damage to highways, bridge
approaches and public works. Annual expenditures were limited to
$1,000,000 with not more than $50,000 at any single locality (60
Stat. 654, 33 U.S.C. 701r). NOTE: Amended by Pub. Law 93-251 to
$10 million and $250,000 limits. Authority granted to protect
churches, hospitals, schools, and other non-profit public services.

25-48. 13 August 1946, Pub. Law 727, 79th Congress.
Shore Protection Cost Sharing. Authorized Federal participation up
to one-third of the construction cost, but not the maintenance, of

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protecting shores of publicly-owned property (Amended by Acts dated
28 July 1956, 23 Oct 1962 and 31 December 1970) (60 Stat. 1056, 33
U.S.C. 426e).

25-49. 14 August 1946, Pub. Law 732, 79th Congress-Fish and Wildlife
Coordination Act. Provides for coordination with Fish and Wildlife
Service. This Act amended Act of 10 March 1934 was amended by The
Act of 12 August 1958.

25-50. 30 June 1948, Pub. Law 845, 80th Congress-Water Pollution
Control Act. Authorized the Surgeon General to assist in and
encourage studies and plans, interstate compacts, and creation of
uniform state laws to control pollution (62 Stat. 1155, 33 U.S.C.
1151).
Pollution Control Board. The Federal Water Pollution Control
Advisory Board was established. Provisions were made for low
interest loans, grants to states for pollution studies, and grants
in drafting construction plans.

25-51. 30 June 1948, Pub. Law 858, 80th Congress-Flood Control Act
of 1948. Small Flood Control Projects. Section 205 authorized the
construction of small flood control projects that have not been
specifically authorized by Congress. A Federal expenditure limit
was placed on each project as well as the total program funds
allotted per fiscal year (Latest amendment is Sec. 61 of Pub. Law
93-251) (62 Stat. 1182, 33 U.S.C. 701s).

25-52. 17 May 1950, Pub. Law 516, 81st Congress Title I-River and
Harbor Act of 1950 Consultants. Section 105 authorized the Chief of
Engineers to procure temporary or intermittent services of experts
or consultants or organizations in connection with civil functions
of the Corps of Engineers without regard to the Classification Act
(64 Stat. 168, 33 U.S.C. 569a). Transfer of Bridges. Section 109
authorized the Secretary of Army to transfer or convey to State
authorities or policial subdivisions all rights, title and interest
of the United States in and to all bridges constructed or acquired
in connection with the improvement of canals, rivers, harbors or
flood control works etc., if determined to be in the best interest
of the United States (64 Stat. 169, 33 U.S.C. 534).

25-53. 17 July 1952, Pub. Law 579, 82d Congress-Water Pollution
Control Act Extension. Extended the provisions of the Water
Pollution Control Act (Pub. Law 845, 80th Congress) for an added
three years through fiscal years 1954-1956 (66 Stat. 755, 33 U.S.C.
1159, 1160).

25-54. 7 August 1953, Pub. Law 212, 83rd Congress-Outer Continental
Shelf Lands Act. Section 4(f) extended the authority of the

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Secretary of the Army to prevent obstructions to navigation in the
navigable waters of the United States by including artificial
islands and fixed structures located on the outer continental shelf
(67 Stat. 463; 43 U.S.C. 1333(f)).

25-55. 4 August 1954, Pub. Law 566, 83rd Congress - Watershed
Protection and Flood Prevention Act. Authorized the Secretary of
Agriculture to cooperate will states and other public agencies in
works for flood prevention and soil conservations.

25-56. 15 June 1955, Pub. Law 71, 84th Congress-Hurricane Studies.
Authorized studies of the coastal and tidal areas of the eastern and
southern U.S. with reference to areas where damages had occurred
from hurricanes (69 Stat. 132).

25-57. 28 June 1955, Pub. Law 99, 84th Congress-Emergency Flood
Control Funds. This Act authorized an emergency fund of
$15,000,000, replenishment on an annual basis, for flood emergency
preparation, flood fighting and rescue operations or for repair or
restoration of flood control work threatened or destroyed by flood
including strengthening or extending deemed necessary by the Chief
of Engineers (69 Stat. 186, 33 U.S.C. 701n). NOTE: Amended by
Section 82, Pub. Law 93-251 to delete $15,000,000 limit and
authorize provision of emergency clean drinking water.

25-58. 28 July 1956, Pub. Law 826, 84th Congress-Beach Nourishment.
Section 1 defines periodic beach nourishment as "construction" for
the protection of shores and provided for Federal assistance to
privately owned shores if there is benefit from public use or from
protection of nearby public property (70 Stat. 702, 33 U.S.C. 426e).

25-59. 2 July 1958, Pub. Law 85-480-Publications. Authorized the
Chief of Engineers to publish and sell information pamphlets, maps,
brochures and other material on river and harbor, flood control and
other civil works activities (72 Stat. 279, 33 U.S.C. 557a-b).

25-60. 3 July 1958 Pub. Law 85-500, River and Harbor and Flood
Control Act of 1958.
Relocation of Governmental Structures. Section 111 authorizes the
Chief of Engineers to protect, alter, reconstruct, relocate, or
replace any governmental structure or facility to meet a navigation
or flood control purpose; or preserve the facility when it is
determined that the safety or usefulness will be adversely affected
or threatened by the project. (72 Stat. 303) NOTE: Amended by
Sec. 309, Pub. Law 89-298.
Hurricane Projects. Section 203 added provisions of local
cooperation on three hurricane flood protection projects which

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established an administrative precedent for cost sharing in
hurricane projects. Non-Federal interests were required to assume
30 percent of total first costs, including the value of land,
easements and rights of way, and operate and maintain the project
(72 Stat. 297).
Water Supply. Section 301 (Water Supply Act of 1958) provided that
storage may be included for present and future municipal or
industrial water supply in Corps or Bureau of Reclamation projects,
the costs plus interest to be repaid by non-Federal entities within
the life of the project but not to exceed 50 years after first use
for water supply. No more than 30 percent of total project costs
may be allocated to future demands. An interest-free period, until
supply is first used, but not to exceed ten years, is permitted.
(72 Stat. 319, 43 U.S.C. 390b).
Aquatic Plant Control Program. Section 104 authorized a
comprehensive project for control and progressive eradication of
water-hyacinth, alligatorweed, and other obnoxious aquatic plant
growths in eight southern states (72 Stat. 297, 300).

25-61. 12 August 1958, Pub. Law 85-624-Fish and Wildlife
Coordination Act. Provided that fish and wildlife conservation
receive equal consideration and coordinated with other project
purposes (72 Stat. 563, 16 U.S.C. 661).

25-62. 28 August 1958, Pub. Law 85-767. Authorized Federal
agencies to design and construct dams in such a manner to support a
public highway bridge, including construction of the bridge itself.
(72 Stat. 917; 23 U.S.C. 320).

25-63. 27 June 1960, Pub. Law 86-523 - Reservoir Salvage Act.
Provides for the preservation of historical and archeological data,
by the Secretary of the Interior, which might otherwise be lost as
the result of the construction of a dam (74 Stat. 220). Act further
amended by Pub. Law 93-291.

25-64. 14 July 1960, Pub. Law 86-645-River and Harbor and Flood
Control Act of 1960-Small Navigation Projects. Section 107
established a special continuing authority authorizing construction
of small navigation projects. (Latest amendment is Sec 133 of Pub.
Law 94-587) (74 Stat. 486, 33 U.S.C. 577).
Development of Public Port or Industrial Facilities. Section 108
authorizes disposition of property for the purpose of developing or
encouraging the development of such facilities (74 Stat 486; 33
U.S.C. 578).
Flood Plain Information. Section 206 as amended by Section 206 of
Pub. Law 89-789 authorized flood plain information studies (74 Stat.
500, 33 U.S.C. 709a).

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Road Relocations. Section 207 authorizes the Chief of Engineers to
either improve, reconstruct, or maintain existing public roads used
for the construction of a project (74 Stat. 501). NOTE: Criteria
for design of replacement roads established in Sec 13, Act of 7
March 1974.
Land Acquisition. Title III known as the "Land Acquisition Policy
Act of 1960" established the policy of Congress that owners and
tenants whose property is acquired for a project "shall be paid a
just and reasonable consideration therefor" (74 Stat. 502, 33 U.S.C.
596).

25-65. 6 September 1960-Pub. Law 86-717-Forest Conservation.
Provided for the protection of forest cover for reservoir areas
under the jurisdiction of the Secretary of the Army and the Chief of
Engineers (74 Stat. 817, 16 U.S.C. 580m).

25-66. 20 July 1961, Pub. Law 87-88-Federal Water Pollution Control
Act Amendments of 1961. Amended the Federal Water Control Act (70
Stat. 498) to provide for a more effective program of water-
pollution control, and for other purposes (75 Stat. 204, 33 U.S.C.
1151).
Water Quality Storage. Section 2 amended existing law to include
consideration of storage in Federal projects for water quality
control, except that such storage shall not be a substitute for
adequate treatment or control at the source (75 Stat. 204, 33 U.S.C.
1153). NOTE: Amended and restated by Sec 102(b), Pub. Law 92-500.

25-67. 14 September 1961 - Pub. Law 87-236. Authorizes the
Secretary of Army to modify certain leases entered into prior to 1
November 1965 for the provision of recreational facilities in
reservoir areas (75 Stat. 509; 16 U.S.C. 460d-1). . .

25-68. 5 September 1962, Pub. Law 87-639.
Joint Investigations. Section 1 authorizes the Secretary of the
Army and the Secretary of Agriculture to make joint investigations
and surveys of watershed areas and prepare joint reports on those
investigations and surveys when authorized by the Public Works
Committee of the Senate or House of Representatives.

25-69. 23 October 1962, Pub. Law 87-874-River and Harbor and Flood
Control Act of 1962. Shore Protection. Section 103 amended the Act
approved 13 August 1946, as amended by the Act approved 28 July 1956
and indicated the extent of Federal participation in-the cost of
beach erosion and shore protection (50 percent of the construction
cost when the beaches are publicly owned or used, and 70 percent
Federal participation for seashore parks and conservation areas when
certain conditions of ownership and use of the beaches are met).
Small Beach Erosion Projects. Authority for the Secretary of the

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Army to undertake construction of small beach and shore protection
projects was also established under Section 103. Amended by Section
112 of Pub. Law 91-611. (76 Stat. 1178, 33 U.S.C. 426g).
Aquatic Plant Control. Section 104 changed cost-sharing so that all
research and planning costs prior to construction are borne by U.S.
Recreation, Non-Reservoir Projects. Section 207 amended Section 4
of the 1944 Flood Control Act and permitted recreational
developments at non-reservoir projects (76 Stat. 1195, 16 U.S.C.
460d).
Road Improvement and Replacement. Section 208 amends Section 207
(b) of'the Flood Control Act of 1960 to allow improvement of
existing public roads for access to Federal projects and to allow
construction of relocated roads to present day standards rather than
replacement in kind (76 Stat. 1196, 33 U.S.C. 701r-1). (Amended by
Section 13, Pub. Law 93-251)

25-70. 16 October 1963, Pub. Law 88-140-Extension of Right to Water
Supply Storage. Extended non-Federal right to use reservoir water
supply storage to the physical life of the project. This removed an
uncertainty as to the continued availability of the storage space
after the 50-year maximum period previously allowed in contracts (77
Stat. 249; 43 U.S.C. 390-c-e).

25-71. 7 November 1963, Pub. Law 88-172-CERC Established. Section
1 abolished the Beach Erosion Board and established the Coastal
Engineering Research Center (77 Stat. 304, 33 U.S.C. 426-int).
BEB Functions Transferred. Section 3 transferred the review
functions of the Beach Erosion Board to BERH (77 Stat. 305, 33
U.S.C. 4263).

25-72. 3 September 1964, Pub. Law 88-578-Land and Water
Conservation Fund Act of 1965. Established a fund from which
Congress can make appropriations for outdoor recreation. The fund
derives revenue from entrance and user fees, sale of surplus Federal
property, and the Federal motorboat fuel tax. Entrance and user
fees at reservoirs were made possible by Section 2 (a) which deleted
the words "without charge" from Section 4 of the 1944 Flood Control
Act as amended (78 Stat. 897, 16 U.S.C. 4601-4). NOTE: Section
amended and restated by Section 101(1), Pub. Law 94-422.

25-73. 9 July 1965, Pub. Law 89-72-Federal Water Project Recreation
Act-Uniform Policies. Required consideration of opportunities for
outdoor recreation and fish and wildlife enhancement in planning
water resources projects. Recreational use of the project will be
coordinated with other existing and planned Federal, State, or local
recreational developments. Non-Federal bodies will be encouraged to
operate and maintain the project recreational and fish and wildlife
enhancement facilities. If non-Federal bodies agree in writing to

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administer the facilities at their expense and to pay one-half the
separable first cost, the recreation and fish and wildlife benefits
shall be included in the project benefits and project cost allocated
to recreation and fish and wildlife. Fees may be charged by the
non-Federal interests to repay their costs. If non-Federal bodies
do not so agree, no facilities for recreation and fish and wildlife
may be provided except those justified to serve other purposes or as
needed for public health and safety. However, project land may be
acquired to preserve the recreational potential. If within 10 years
after initial project operation there is no local agreement the land
may be used for other purposes or sold (79 Stat. 213, 16 U.S.C.
460-1-12). (Amended by Section 77 Pub. Law 93-251)

25-74. 22 July 1965, Pub. Law 89-80 (Amended by 94-112)-Water
Resources Planning Act-Water Resources Council Established.
Established a Water Resources Council. The Act establishes river
basin commissions and provides for financial assistance to the
States (79 Stat. 244, 42 U.S.C. 1962).

25-75. 27 October 1965, Pub. Law 89-298-River and Harbor and Flood
Control Act Northeastern United States Water Study. Section 101
authorized the Chief of Engineers to prepare plans to meet
long-range water needs in the northeastern U.S.
Administrative Authority. Section 201 permits the Secretary of the
Army to administratively authorize water resources development
projects where the estimated Federal cost is less than $10 million.
Approval by Public Works Committees is required prior to
appropriation of funds (79 Stat. 1073, 42 U.S.C. 1962d-5). NOTE:
Monetary limit increased to $15 million by Section 131, Pub. Law
94-587.
Work for Other Agencies. Section 219 authorizes accepting orders
from other Federal agencies for work or services.
Aquatic Plant Control. Section 302 extended the program nationwide
(79 Stat. 1093, 33 U.S.C. 610).
Relocation of Government Facilities. Section 309 amends Section 111
of the R&H Act of 1958 to define further the Federal policy on
relocation of structures or facilities owned by an agency of
government and used in a governmental function (79 Stat. 1094, 33
U.S.C. 633).

25-76. 20 June 1966, Pub. Law 89-457. Permits leasing of public
lands to States and political subdivisions for up to 25 years.

25-77. 4 July 1966, Pub. Law 89-487-Freedom of Information Act.
Provided guidelines for public availability of records of Federal
Agencies. Pub. Law 90-23, approved 5 June 1967, codified the
provisions of Pub. Law 89-487 (80 Stat. 250 and 81 Stat. 54, 5
U.S.C. 552). Amended by Pub. Law 93-502.

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25-78. 15 October 1966, Pub. Law 89-670-The Department of
Transportation Act. DOT Established. Established the Department of
Transportation (80 Stat. 931, 49 U.S.C. 1651nt).
Navigation Benefits Defined. Section 7 (a) stated that standards
and criteria for economic evaluation of water resource projects
shall be developed by the Water Resources Council, defined "primary
direct navigation benefits," and expands the Council to include the
Secretary of Transportation on matters pertaining to navigation
features of water resource projects.

Transferred Corps Activities. Corps activities transferred to
Department of Transportation included:
1. Regulation of the location of vessels at anchor.
2. Prescribing drawbridge operating regulations.
3. Determining and ordering the alteration of obstructive bridges
(Truman-Hobbs).
4. Review and determination of the reasonableness of tolls charged
for crossing bridges.
5. Administration of laws relating to prevention of pollution of
the high seas by oil (Oil Pollution Act, 1961).
6. Control of the location and clearances of bridges and causeways
in the navigable waters (80 Stat. 941, 49 U.S.C. 1656).

25-79. 1 August 1968, Pub. Law 90-448-Flood Insurance. Title XIII
authorized a flood insurance program and provided means for
necessary coordination between agencies and States as required for
studies pertaining to land management, zoning or other appropriate
arrangements to carry out such authority (82 Stat. 572, 42 U.S.C.
4001).

25-80. 13 August 1968, Pub. Law 90-483-River and Harbor and Flood
Control Act of 1968-Mitigation of Shore Damages. Section 111
authorized investigation and construction of projects to prevent or
mitigate shore damages resulting from Federal navigation works
(limited to $1 million per project) (82 Stat. 735, 33 U.S.C. 426i)0
Excess Depths Maintenance. Section 117 authorized use of Civil
Works funds for maintenance of excess depths required and
constructed for defense purposes where the project also serves
essential needs of general commerce (82 Stat. 737, 33 U.S.C. 562a).
User Charges. Section 210 restricted (after 31 March 1970)
collection of entrance fees at Corps lakes and reservoirs to users
of highly developed facilities requiring continuous presence of
personnel (82 Stat. 746, 16 U.S.C. 4600d-3).
Reimbursement for Non-Federal Expenditures. Section 215 authorized
reimbursement for advance work performed by non-Federal public
bodies after authorization of water resource development projects.

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Reimbursement may not exceed $1 million for any single project (82
Stat. 747, 42 U.S.C. 1962d-5a).

25-81. 2 October 1968, Pub. Law 90-542-Wild and Scenic Rivers
Act-Selection of Wild Rivers. Section 3 listed eight rivers as the
initial components of the national wild and scenic rivers system (82
Stat. 907, 16 U.S.C. 1274).
Potential Rivers. Section 5 listed 27 rivers as potential additions
to the system. Section 5 (d) required that plans for water resource
development consider setting aside certain streams as wild, scenic,
or recreational rivers as an alternative to other uses (82 Stat.
910, 16 U.S.C. 1276).

25-82. 2 October 1968, Pub. Law 90-543-National Trails System Act.
Trails. Provided for a national system of trails and designates the
Appalachian and Pacific Crest Trails as the initial components of
the system (82 Stat. 919, 16 U.S.C. 1241).

25-83. 16 October 1968, Pub. Law 90-577-Intergovernmental
Cooperation Act of 1968. Provides for cooperation and coordination
of activities among levels of government, improved administration of
programs for technical services to states and local governments,
intergovernmental coordination on policy and administration of
development assistance programs within urban areas, and periodic
congressional review of such grants-in-aid programs (82 Stat. 1098;
42 U.S.C. 4201).

25-84. 24 December 1969-Pub. Law 91-152-National Flood Insurance
Act Amended. Extended insurance to mud slides, and date for local
assurances to 31 December 1971 (83 Stat. 397, 42 U.S.C. 4121).

25-85. 1 January 1970, Pub. Law 91-190-National Environmental
Policy Act. Section 101 established a broad Federal Policy on
Environmental Quality (83 Stat. 852, 42 U.S.C. 4331).
Agency Requirements. Section 102 directed that policies,
regulations, and public laws, will be interpreted and administered
to the fullest extent possible in accordance with the policies of
the Act, and imposes general and specific requirements on all
Federal agencies (83 Stat. 853, 42 U.S.C. 4332).
Five Point Statement. Section 102 (2) (C) required a five-point
Environmental Impact Statement (EIS) on proposed Federal actions
affecting the environment (83 Stat. 853, 42 U.S.C. 4332). NOTE:
Section 102(2)(D), added by Act of August 9, 1975, describes
statement requirements for any major Federal action funded under a
program of grants to states.
CEQ Established. Section 202 established the Council on
Environmental Quality (83 Stat. 854, 42 U.S.C. 4341). The duties

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and functions of the Council are outlined under Section 203, as
amended by Pub. Law 94-52 (83 Stat. 855, 42 U.S.C. 4343).

25-86. 3 April 1970, Pub. Law 91-224-Water Quality Improvement Act
of 1970 and Environmental Quality Improvement Act of 1970.
CEQ Staff. The Office of Environmental Quality, which provides
staff for the Council on Environmental Quality (see Pub. Law
91-190), was established by Title II of this Act (84 Stat. 114, 42
U.S.C. 4371).

25-87. 31 December 1970, Pub. Law 91-611-River and Harbor and Flood
Control Act of 1970.
Navigation Project Maintenance. Section 103 provided for Federal
operation and maintenance of the general navigation features of
small-boat harbor projects authorized during calendar year 1970 (84
Stat. 1819, 33 U.S.C. 426-2nt). Amended by Sec. 6, 1974 Water
Resources Development Act (Pub. Law 93-251).
Land Acquisition Compensation Defined. Section 111 defined
compensation for acquisition of real property taken in connection
with any improvement of rivers, canals, or waterways of the United
States (84 Stat. 1821, 33 U.S.C. 595a).
Section 112: Increases the cost of small navigation and small beach
erosion control projects from $500,000 to $1,000,000. The annual
authorization limit is also raised in each case to $25,000,000 (84
Stat. 1821).
Project Cost Sharing for Charter Fishing Craft. Section 119
provided that charter fishing craft shall be considered as
commercial vessels for the purpose of determining cost sharing in
small-boat navigation projects (84 Stat. 1822, 33 U.S.C. 577a).
Economic, Social, Environmental Effects. Section 122 provided for
submission and promulgation of guidelines, not later than 1 July
1972, for considering possible adverse economic, social, and
environmental effects of proposed projects.
Disposal Area Criteria. Section 123 authorized construction,
operation, and maintenance of contained spoil disposal areas,
subject to specific conditions of coordination with other agencies,
local cooperation and applicability with water quality standards (84
Stat. 1823, 33. U.S.C. 1165a).
Hurricane Protection Cost Sharing. Section 208 authorized
discretionary modifications in Federal participation in cost sharing
for hurricane protection projects (84 Stat. 1829, 33 U.S.C. 426e).
Planning "Objectives". Section 209 expressed the intent of Congress
that the objectives of enhancing regional economic development, the
quality of the total environment, including its protection and
improvement, the well-being of the people, and the national economic
development are the objectives to be included in Federally financed

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water resource projects (84 Stat. 1829, 42 U.S.C. 1962-2).
Completed Project Review. Section 216 authorized review and report
to Congress of the operation of completed projects when found
advisable due to significantly changed physical or economic
conditions.
Written Agreement. Section 221 provides that the construction of
any water resources project by the Corps shall not be commenced
until each non-Federal interest has entered into a written agreement
to furnish its required cooperation for the project (84 Stat. 1831,
42 U.S.C. 1962d-5b)
Citation Authority. Section 234 provides that persons designated by
the Chief of Engineers shall have authority to issue a citation for
violations of regulations and rules of the Secretary of the Army,
published in the Code of Federal Regulations.

25-88. 31 December 1970, Pub. Law 91-604, Clean Air Act
Amendments. Amended the Clean Air Act of 1963 (PL 88-206).
Control of Pollution from Federal Facilities. Section 118 specifies
that any Federal facility, or activity which may result in the
discharge of air pollutants, shall comply with Federal, State,
interstate, and local requirements respecting control and abatement
of air pollution.
Policy Review. Section 309 calls for the Administrator,
Environmental Protection Agency to review and comment upon the
environmental impact of (1) legislation proposed by any Federal
agency (2) newly authorized Federal projects for construction and
any major agency action (84 Stat. 1709, 42 U.S.C. 1857h-7).

25-89. 2 January 1971, Pub. Law 91-646 Uniform Relocations
Assistance and Real Property Acquisition Policies Act of 1970.
Section 201 established a uniform policy for the fair and'equitable
treatment of persons displaced as a result of Federal and Federally
assisted programs in order that such persons shall not suffer
disproportionate injuries as a result of programs designed for the
benefit of the public as a whole (84 Stat. 1895, 42 U.S.C. 462).
Displacement Payments. Section 202 outlined the moving and related
expense payment for persons displaced by Federal programs and
projects (84 Stat. 1895, 42 U.S.C. 4622). NOTE: Section 210 of the
bill made the same benefits available to persons displaced by
programs and projects of State agencies with Federal financial
assistance.

25-90. 23 December 1971, Pub. Law 92-222 River Basin Monetary
Authorization Act of 1971. Section 4 clarifies that Section 221 of
Pub. Law 91-611 does not apply to storage for future water supply.

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25-91. 10 July 1972, Pub. Law 92-340-Ports and Waterways Act of
1972. Title I provides the Coast Guard with authority for
establishment of vessel traffic control systems in congested or
hazardous ports and waterways. (Other than the Panama Canal) (86
Stat. 424, 33 U.S.C. 1221). (Amended by Pub. Law 95-474)

25-92. 11 July 1972, Pub. Law 92-347-Golden Eagle Passbook and
Special Recreation User Fees. Each Federal agency developing,
administering, or providing specialized sites, facilities,
equipment, or services related to outdoor recreation shall provide
for the collection of special recreation use fees for the use of
sites, facilities, equipment, or services furnished at Federal
expense (86 Stat. 459, 16 U.S.C. 460).

25-93. 8 August 1972, Pub. Law 92-367, National Dam Safety Act.
Authorized a national program of inspection of "dams" for the
purpose of protecting human life and property. Calls for an
inventory of all dams located in the U.S. and recommendations for a
comprehensive national program of dam inspection and regulation (86
Stat. 506, 33 U.S.C. 467).

25-94. 13 October 1972, Pub. Law 92-487-Federal Loans to Public
Agencies for Constructioning Local Water Supply Works. The Act of
July 4, 1955, as amended, relating to Federal loans for the
construction of irrigation distribution systems, is further amended
to include the delivery and distribution of municipal and industrial
water as an authorized purpose of the program. Repayment of loans
for municipal and industrial water shall include interest (86 Stat.
804, 43 U.S.C. 421c).

25-95. 18 October 1972, Pub. Law 92-500-The Federal Water Pollution
Control Act Amendments of 1972. Section 101 established a national
goal of eliminating all pollutant discharges into U.S. waters by
1985 and an interim goal of making the waters safe for fish,
shellfish, wildlife and people by July 1, 1983 (Amended by Pub. Law
95-217).
Reservoir Storage for Streamflow Augmentation. Section 102(b)
provides that in the planning of any Corps reservoir consideration
shall be given to inclusion of storage for regulation of streamflow.
Such storage is not to be provided as a substitute for adequate
treatment or other methods of controlling waste at the source. The
need for, value of, and the impact of storage for the purpose of
water quality control are determined by the Administrator of the
Environmental Protection Agency (EPA). The need for and value of
storage for regulation of streamflow for other purposes are to be
determined by the Corps. The costs of storage are to be non-

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reimbursable if the benefits are widespread or national in scope.
The Refuse Act Permit Program. Section 402 and 403 establish a
permit program in EPA which is to regulate (or prohibit) the
discharge of pollutants into the waters of the United States, to
include the territorial sea and which is to be in accord with the
EPA-established effluent limitations previously mentioned. Section
402 replaces the Corps Refuse Act Permit Program under the Act of
1899 without repealing the Act. All permits issued under the Corps
program are considered permits under the new EPA program.
Permits for Dredged or Fill Material. Section 404 authorizes a
separate permit program for the disposal of dredged or fill material
in the Nation's waters, to be administered by the Secretary of the
Army, acting through the Chief of Engineers. Under the program,
permits are to be issued, after notice and opportunity for public
hearings, for disposal of such material at specified sites. These
sites are to be selected in compliance with guidelines developed by
EPA in conjunction with the Secretary of the Army. EPA is
authorized to forbid or restrict the use of specified areas whenever
it determines that disposal of material at a specific site would
have an unacceptable adverse effect on municipal water supplies,
shellfish, and fishery areas, or recreational activities.
Authority to Maintain Navigation. Section 511(a) provides that
nothing in the Act is to be considered as affecting or impairing the
authority of the Secretary of the Army to maintain navigation (86
Stat. 816, 33 U.S.C. 1371). NOTE: See (Pub. Law 95-217) for @

25-96. 21 October 1972, Pub. Law 92-516-Federal Environmental
Pesticide Control Act. This law revises the Federal Insecticide,
Fungicide, and Rodenticide Act. It provides for more complete
regulation of pesticides to include regulation, restrictions on use,
actions within a single state, and strengthened enforcement (86
Stat. 973, 7 U.S.C. 136).

25-97. 23 October 1972, Pub. Law 92-532-Marine Protection, Research
and Sanctuaries Act of 1972. Bans the unregulated dumping of
materials into the oceans, estuaries and Great Lakes, (86 Stat.
1052, 33 U.S.C. 1401)
Policy Statements. Section 2 states that unregulated ocean dumping
is injurious to man and the environment and must be strictly
controlled.
Prohibited Acts. Section 101 exercises regulatory control, over any
materials which are transported from the United States which would
be dumped in any ocean waters; over any materials which would be
dumped in the territorial sea or the contiguous zone of the United
States; and over any materials transported from any location outside

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the United States which would be dumped in ocean waters by any
instrumentality of the United States government. NOTE: Amended and
restated by Act of March 22, 1974 (Pub. Law 93-254).
Environmental Protection Agency Permits. Section 102 provides that
the Administrator of the Environmental Protection Agency may issue
permits for the dumping of material (not to include dredged
material) if he determines that such dumping would not unreasonably
degrade or endanger human health, welfare or amenities, or the
marine environment, ecological systems, or economic potentialities.
The Administrator is permitted to establish and issue various
categories of permits including general permits (see Section 104),
and to designate dump and no-dump sites or times after consultation
with the Secretary of the Army.
Corps of Engineers Permits. Section 103 provides the Secretary of
the Army with permit authority over the transportation of dredged
material for the purpose of dumping in ocean waters. The Secretary
may issue such permits where he determines that such dumping will
not unreasonably degrade or endanger human health, welfare or
amenities, or the marine environment, ecological systems, or
economic potentialities.
Permit Conditions. Section 104 requires that permits granted by
L ~~~ either the Administrator or the Secretary (Army) shall designate the
amount, type and location of the material to be dumped, and the
length of time for the dumping, and, after consultation with the
Coast Guard, provide for any special monitoring and surveillance
provisions.
Marine Sanctuaries. Title III permits the Secretary Of Commerce,
after appropriate consultation with affected State and Federal
agencies, and public hearings, to designate certain areas of ocean
waters lying as far seaward as the edge of the Outer Continental
Shelf and areas of the waters of the Great Lakes as Marine
Sanctuaries which he determines necessary to preserve, restore, such
areas for conservation, recreation, ecology or esthetics. He is
permitted, after consultation with other interested Federal
agencies, to issue regulations controlling activities within these
sanctuaries. No permit for activities within such sanctuaries shall
be deemed valid unless the Secretary of Commerce shall certify that
the permitted activity is consistent with the purpose of Title III
and carried out in accordance with the regulations promulgated by
him.

25-98. 27 October 1972, Pub. Law 92-583-Coastal Zone Management Act
of 1972. National Policy. Section 302 declares a national interest
in the effective management of the coastal zone, that present
planning and regulation of land and water uses is inadequate, and

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that primary responsibility rests with State and local governments
with Federal assistance. (86 Stat. 1280, 16 U.S.C. 1451).
Federal-State Coordination. Section 307 requires all Federal
agencies with activities directly affecting the coastal zone, or
with development projects within that zone, to assure that those
activities or projects are consistent with the State program.
Applicants for Federal licenses shall provide to the agency and
state certification that the proposed activity complies with the
state's approved management program. No Federal license or permit
shall be granted by the agency without the state's concurrence or
unless the state has failed to act within six months (amended to
three months by Pub. Law 95-372) after receiving the applicant's
certification. NOTE: Section amended by Sec. 6, Act of July 26,
1976 and Sec. 504 of Act of September 18, 1978.

25-99. 1 August 1973, Pub. Law 93-81-Collection of Fees for Use of
Certain Federal Outdoor Recreation Facilities. Amends Section 4 of
the Land and Water Conservation Fund Act of 1965 (P.L. 88-578).
Requires each Federal agency .to collect special recreation use fees
for the use of sites, facilities, equipment or services furnished at
Federal expense. NOTE: Amended and restated by Sec 1 of Pub. Law
93-303. (87 Stat. 178).

25-100. 28 December 1973, Pub. Law 93-205-Conservation, Protection,
and Propagation of Endangered Species. Repeals the Endangered
Species Conservation Act of 1969. Directs all Federal
Departments/Agencies to carry out programs to conserve endangered
and threatened species, in consultation with the Secretary of the
interior (or Commerce in appropriate situations), and to preserve
the habitat of such species.
(87 Stat. 884) NOTE: Section 7 of the Endangered Species Act
Amendments of 1978 (Pub. Law 95-632) authorizes procedures by which
a Federal agency, state Governor, or license applicant may apply for
an exemption to the Act.

25-101. 31 December 1973, Pub. Law 93-234-Flood Disaster Protection
Act of 1973. This law increases limits of coverage authorized under
the national flood insurance program; provides for accelerated
identification of flood risk zones; requires States or local
communities, as a condition of future Federal financial assistance,
to participate in the flood insurance program; requires the purchase
of flood insurance by property owners who are being Federally
assisted in the acquisition/improvement of land in flood hazard
areas; extends the flood insurance program to cover losses from the
erosion and undermining of shorelines by waves or currents (87 Stat.
975).

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25-102. 7 March 1974, Pub. Law 93-251-Water Resources Development
Act of 1974. Project Authorization. Section 1 establishes two
phase authorization procedure for certain projects.
Maintenance. Section 6 states that the cost of operation and
maintenance of the general navigation features of small boat harbor
projects shall be borne by the United States.
Hold and Save. Section 9 provides that the requirement that
non-Federal interests hold and save the United States free from
damages shall not include damages due to the fault or negligence of
the United States or its contractors.
Project Deauthorization. Section 12 establishes a procedure for
deauthorization of projects that have not received any Congressional
appropriations within 8 years (33 U.S.C. 579).
Public Road Replacement. Section 13 establishes criteria for design
of replacement roads (33 U.S.C. 701r-l).
Comprehensive Planning Cooperation. Section 22 provides authority
for cooperating with any state in preparation of comprehensive plans
for water resources development, utilization, and conservation.
Snagging and Clearing Projects. Section 26 raises the project cost
limitation to $250,000 and annual program funding limit to $5
million.
Emergency Bank Protection Projects. Section 27 raises the project
cost limitation to $250,000 and program fiscal funding limit to $10
million per year. Project purpose was extended to cover
construction, repair, restoration, and modification of emergency
streambank and shoreline protection works. Eligibility definition
was extended to include churches, hospitals, schools, and similar
non-profit public services.
Streambank Erosion Control Evaluation and Demonstration Act of
1974. Section 32 establishes a national streambank erosion
prevention and control demonstration program. Authorized conduct of
the program for 5 fiscal years with total Federal appropriations not
to exceed $25 million.
Local Cash Contributions. Section 40 provides general authority to
permit local interests to make cash contributions in annual payments
as construction proceeds, rather than in a lump sum prior to
initiation of construction.
Shoreline Erosion Control Demonstration Act of 1974. Section 54
authorizes a program to develop, demonstrate, and disseminate
information about low cost means to prevent and control shoreline
erosion. Conduct of the program authorized for 5 fiscal years with
total appropriations not to exceed $8 million. Provides for
establishment of a Shoreline Erosion Advisory Panel.
Technical and Engineering Assistance. Section 55 authorizes
technical and engineering assistance to non-Federal public interests
in developing structural and nonstructural methods of preventing

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damages attributable to shore and streambank erosion.
Small Flood Control Projects. Section 61 raises the limit per
project from $1 million to $2 million only in areas that have been
designated disaster areas within preceding 5 years. The program
funding limit was increased to $30 million annually. NOTE: Section
133 of Pub. Law 94-587 further increases the limit per project to $3
million. The limit for a project outside of a major disaster area
is increased from $1 million to $2 million at any single location.
Water Quality Storage. Section 65 permits conversion of water
quality storage in authorized reservoirs to another use when EPA
determines such storage is unnecessary.
Non-structural Measures for Flood Protection. Section 73 requires
that consideration be given to non-structural alternatives for flood
damage prevention or reduction'. Where such measures are
recommended, the non-Federal participation shall be comparable to
that for structural protection, but not exceed 20 percent of the
project costs (33 U.S.C. 701b-11).
Visitor Protection. Section 75 authorizes study of the need for a
means of providing visitor protection services at Corps projects.
Fish and Wildlife Enhancement. Section 77 amends the Federal Water
Project Recreation Act to increase the Federal share of costs for
fish and wildlife enhancement to 75 percent.
Interest and Discount Rates. Section 80 directs the interest rate
for discounting future benefits and computing costs be based on
Water Resources Council formula published 24 Dec 1968. It also
calls for study and report by the President on principles and
standards, discount rates, and cost sharing.
Emergency Water Supplies. Section 82 modified Section 5 of 1941
FCA, as amended, to authorize providing emergency supplies of clean
drinking water when contaminated supplies are a threat to public
health and welfare of locality.
Utilization of Regional or Municipal Sewage Treatment Plant.
Section 107 authorizes Corps participation in construction cost of
regional sewage treatment plants for treating sewage resulting from
the operation of recreation and other facilities at Corps projects.
(88 Stat. 12)

25-103. 22 March 1974, Pub. Law 93-254 - Implementation of the
Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matters. Amends the "Ocean Dumping" Act to make it
fully consonant with the treaty responsibilities of the U.S. under
the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matters, particularly as to the regulation of U.S.
vessels carrying or dumping foreign source waste (88 Stat. 50).

25-104. 24 May 1974, Pub. Law 93-291-Preservation of Historical and
Arcxeological Data. The Secretary of the Interior shall coordinate

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all Federal survey and recovery activities authorized under this
expansion of the 1960 Act (Pub. Law 86-523). The Federal
construction agency may expend up to 1 percent of project funds with
such funds considered nonreimbursable project costs. (88 Stat. 174).

25-105. 7 June 1974 Pub. Law 93-303-Recreation Use Fees. Amends
Section 4 of the Land and Water Conservation Fund Act of 1965 (Pub.
Law 88-578), as amended, to establish less restricted criteria under
which Federal agencies may charge fees for the use of campgrounds
developed and operated at Federal areas under their control. (88
Stat. 192).

25-106. 22 August 1974, Pub. Law 93-383-Housing and Community
Development Act of 1974. Title I establishes within HUD new
community development program block grants and loans to replace,
several existing grant/loan programs. Section 816 amends the
National Flood Insurance Act to provide that any community that has
made adequate progress on the construction of a flood protection
system meeting the 100-year protection standard, as determined by
HUD, shall be eligible for flood insurance at subsidy premium rates
if otherwise eligible under the Act. (88 Stat. 633).

25-107. 21 November 1974, Pub. Law 93-502-Freedom of Information
Act Amendments. Provided, among other requirements that: the
decision to release or not release records shall be made "within ten
days" (as defined therein). (88 Stat. 1561) Modified by Pub. Law
94-409 to require that meetings of Government agencies shall be open
to the public.

25-108. 3 January 1975, Pub. Law 93-627-Deepwater Port Act of 1974.
Provides authority for Secretary of Transportation to issue a
license for the ownership, construction and operation of a deepwater.
port.

25-109. 5 May 1976, Pub. Law 94-280 - Federal-Aid Highway Act of
1976. Section 132 amends Chapter I of Title 23, U.S.C. 156, to
authorize construction of a public highway or bridge across a
Federal public works project where costs and requirements have
changed substantially. A National Transportation Policy Study
Commission is established by Section 154. (90 Stat. 425).

25-110. 26 July 1976, Pub. Law 94-370 - Coastal Zone Management Act
Amendments of 1976.
Sections 4 and 5: Expanded the requirements for and types of work
accomplished under the Management Program Development (Section 305)
and administrative (Section 306) grants.

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Section 7: Directs the Secretary of Commerce to administer and
coordinate a coastal energy impact program to assist coastal states
in their planning and management of energy developments in their
coastal waters.
Section 8: Encourages the coastal states to coordinate with each
other and to develop joint plans for the sake of uniformity. It
also gives Congressional consent to agreements and compacts
developed between two or more states.
Section 16: Directs the Secretary of Commerce to undertake a
comprehensive review of the molluscan shellfish industry and
promulgation of regulations for the national shellfish safety
program by the Secretary of Health, Education, and Welfare. (90
Stat. 1013-1033).

25-111. 20 October 1976, Pub. Law 94-565, Entitlement Lands. This
act provide for payments to local governments by the Secretary of
the Interior based on the amount of entitlement lands within the
local boundaries. Entitlement lands include reservoir areas of
water resource projects.

25-112. 22 October 1976, Pub. Law 94-587 - Water Resources
Development Act of 1976.
Phase I studies. Section 101(c) authorizes, upon transmittal of the
Chief's recommendation to OSA, the Chief of Engineers to begin the
Phase I design memorandum on a project if the Chief finds and
transmits to the appropriate committees of the House and Senate that
the project is without substantial controversy and justifies further
investigation. (90 Stat. 2917-2948)
Law Enforcement. Section 120 authorizes the Corps to contract with
States or their subdivisions to provide for increased law
enforcement during periods of peak visitation.
Administrative Authority. Section 131 raises the limit on projects
authorized under Section 201 of Flood Control Act of 1965 from
$10,000,000 to $15,000,000.
Continuing Authorities. Section 133 raises the monetary limit for
construction of project at a single location authorized under
Section 107 of the River and Harbor Act of 1960 raised from
$1,000,000 to $2,000,000. Raises the limit for a project (at a
single location) authorized under Section 205 of the Flood Control
Act of 1948 from $1,000,000 to $2,000,000. Limit for projects
protecting declared major disaster areas increased from $2,000,000
to $3,000,000 at a single location.
Regional Benefits. Section 140 authorizes the inclusion of regional
economic benefits in the economic analysis of any authorized
interstate project which has been partially constructed or is to be
constructed at the time of enactment (33 U.S.C. 547a).

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Sand fill. Section 145 authorizes the placement of sand obtained
from dredging operations on adjacent beaches if requested by the
interested State government and in the public interest. Increased
costs are paid by local interests.
Disposal Areas. Section 148 directs the Corps to utilize those
management practices which will extend the life of dredged material
disposal areas thus keeping the need for new sites to a minimum (33
U.S.C. 419a).
Wetlands. Section 150 authorizes the Corps to plan and establish
new wetlands utilizing dredged material from any water resources
development project.
Permits. 'Section 154 removes Section 10 permit requirement on
wharves and piers in interstate bodies of water which are considered
to be navigable based on historical data of interstate commerce.
Periodic Nourishment. Section 156 authorizes the Corps to extend
Federal aid in periodic beach nourishment up to 15 years.
Hydroelectric Power. Section 167 authorizes the Chief of Engineers
to study efficient methods of using hydroelectric power resources at
Corps' water resource development projects.
Comprehensive Planning Cooperation. Section 168: Increases the
authorized funding in Section 22 of WRDA of 1974 from $2,000,000 to
$4,000,000.
Drift Removal. Section 202 establishes the drift and debris removal
program. The Corps may undertake a project costing less than
$400,000 without Congressional approval. Cost sharing is 2/3
Federal and 1/3 non-Federal. (90 Stat. 2917-2948).
Alaska Hydropower Fund. Section 203 establishes the Alaska
Hydroelectric Power Fund (initial sum deposited $25,000,000) for use
by the Secretary of the Army to study and develop hydro-power
facilities in Alaska.

25-113. 20 June 1977, Pub. Law 95-51 - Disaster Relief Act of 1974
appropriations. Amends Sec. 5, Act of 18 August 1941 (which was
amended by Public Law 84-99) to allow the Corps to provide emergency
supplies of water and construct wells in drought areas. (91 Stat.
233-234).

25-114. 3 August 1977, Pub. Law 95-87 - Surface Mining Control and
Reclamation Act of 1977. Provides for the cooperation between the
Secretary of the Interior and the States with respect to the
regulation of surface coal mining operations, and the acquisition
and reclamation of abandoned mines.
Section 515: The Secretary of the Interior with concurrence of the
Chief of Engineers is to establish standards and criteria regarding
new and existing coal mine waste piles when used as dams or
embankments. (91 Stat. 445-532).

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Section 702: Allows secretary obtain assistance from other Federal
agencies.

25-115. 12 October 1977, Pub. Law 95-128.
Title VII: Extends the time and fiscal constraints of the National
Flood Insurance Program. In addition; procedures are established
for the purchase and/or designation of flood prone properties. (91
Stat. 1111-1150).

25-116. 27 October 1977, Pub. Law 95-217 - Clean Water Act of
1977. Amends Federal Water Pollution Control Act and extends the
appropriations authorization.
Section 51: Requires EPA to enter into written agreements with
Secretaries of Agriculture, Army, and Interior to provide maximum
utilization of the laws and programs to maintain water quality.
Section 60: Provides for Federal compliance with all Federal,
State, interstate, and local requirements, administrative authority,
and process and sanctions in the same manner and extent as other
entities.
Section 67: Provides for the processing of permits for dredged or
fill material through the Secretary of the Army acting through the
Chief of Engineers and defines requirements to meet in the
construction of Federal projects. (91 Stat. 1566).

25-117. 22 October 1977, Pub. Law 95-220 - Federal Program
Information Act. Authorizes the preparation and publishing of the
catalog of Federal Assistance Programs. (91 Stat. 1617).

25-118. 26 April 1978, Pub. Law 95-269. Amends Acts of 11 August
1888 and 2 March 1919. Provides conditions under which dredging
work is performed by private interest and the Federal dredge fleet.
Authorizes a technologically modern minimum Federal dredging fleet.
(91 Stat. 218-219).

25-119. 18 September 1978, Pub. Law 95-372 - Outer Continental
Shelf Lands Act Amendments of 1978. Establishes policy for the
management of oil and natural gas in the Outer Continental Shelf and
to protect the marine and coastal environment, in part, by creating
an oil spill liability fund. Section 504 amends Sec. 307 of the
Coastal Zone Management Act. The revised section requires that a
state provide to the Secretary of Commerce a status report if it has
not concurred or objected to a proposed activity within 3 months
after having received the applicants certification. (92 Stat. 629).

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25-120. 19 October 1978, Pub. Law 95-474 - Port and Tanker Safety
Act of 1978. Vests responsibility for establishment of fairways in
the Coast Guard.

25-121. 21 October 1978, Pub. Law 95-502 - Internal Revenue Code of
1954, Amendment.
Section'202:. Amends the Internal Revenue Code (new Sec 4042 added)
to impose a t'ax on. fuel used by vessels in commercial waterway
transportation. Deep-draft ocean-going vessels and passenger
vessels, among others, are exempted.
Section 203�:' Establishes an Inland Waterways Trust Fund for revenue
received from the tax- on fuel.
Section 204: Provides that amounts in the Trust Fund shall be
available, as provided by appropriation Acts, for construction and
rehabilitation for navigation on inland and intracoastal waterways.
Section 205: Directs the secretaries Department of Transportation
and Commerce to study inland waterway user taxes and charges in
consultation with other agencies.
Section 206::- Lists inland and intracoastal waterways relevant to
Section 4042 of the Internal Revenue Code and the Act. (92 Stat.
1693-1703).

25-122. 10 November 1978,- Pub. LVaw'!95'-632 - Endangered Species Act
Amendments of 1978. Amends the 1973 Act (Pub. Law 93-205) to
establish an Endangered Species Interagency Committee to review
proposed actions to determine whether exemptions from certain
requirements of the Act should be granted. Prescribes a
consultation process between Federal agencies and the Secretary of
the Interior, Secretary of Commerce, or Secretary of Agriculture, as
appropriate, for carrying 'out programs for the conservation of
endangered and threatened species. Directs agencies to conduct-a
biological assessment to identify -'endangered or threatened species
which may'be present. (92 Stat. 3752).-

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CHAPTER 26

EXECUTIVE ORDERS PERTINENT TO THE WATER RESOURCES
PROGRAM OF THE CORPS OF ENGINEERS

26-1. Executive Order 10913, 18 January 1961, Amending Executive
Order No. 10584 Prescribing Rules and Regulations Relating to the
Administration of the Watershed Protection and Flood Prevention
Act. (P.L. 566, 84th Congress, as amended). Sections 3 and 4
provide for notification and coordination of agencies in the use,
conservation, and development of water and related land resources.

26-2. Executive Order 11017, 27 April 1962, Providing for
Coordination with Respect to Outdoor Recreation Resources and
Establishing the Recreation Advisory Council. This order
establishes the Recreation Advisory Council which shall provide
policy advice to heads of Federal agencies, on matters affecting
outdoor recreation resources, and facilitate coordinated efforts
among the various Federal agencies.

26-3. Executive Order 11200, 2 March 1965, Providing for
Establishing User Fees Pursuant to the Land and Water Conservation
Fund Act of 1965. This order provides criteria for designating
areas where entrance, admission and other recreation user fees will
be charged. Section 5 prescribes the establishment of these fees.

26-4. Executive Order 11426, 31 August 1968, Federal and State
Liaison and Cooperation. This order directs and outlines additional
duties of the Director of the Office of Emergency Planning in his
capacity as the President's liaison with the Governors of the States
and Territories.

26-5. Executive Order 11472, 29 May 1969, Establishing the
Environmental Quality Council and the Citizens Advisory Committee on
Environmental Quality. This order established a council and
committee to advise and assist the President with respect to
environmental quality matters. (Amended by E.O. 12007, 22 Aug 77).

26-6. Executive Order 11514,'5 March 1970, Protection and
Enhancement of Environmental Quality. Section 2 of the order
outlines the responsibilities of Federal agencies in consonance with
Title I of the National Environmental Policy Act of 1969. (Amended
by E.O. 11991, 24 May 77).

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26-7. Executive Order 11574, 23 December 1970, Administration of
Refuse Act Permit Program. This order authorizes the Secretary of
the Army to issue and'amend regulations, procedures and instructions
for a permit program under Section 13 of the Refuse Act of March 3,
1899, to control the discharge of pollutants and other refuse matter
into navigable waters, their tributaries, or upon their banks. The
Council on Environmental Quality shall coordinate the regulations,
policies and procedures of Federal agencies with respect of Refuse
Act Program.

26-8. Executive Order 11592, 16 May 1971, Delegates Certain
Authority of the President to the Director of the Office of
Management and Budget. The Director of 0MB is empowered to grant
approvals authorized, or required to be granted by the President, by
any provisions of the River and Harbor Act of 1970 and the Flood
Control Act of 1970.

26-9. Executive Order 11593, 13 May 1971, Protection and Enhancement
of the Cultural Environment. Section 2 of the order outlines the
responsibilities of Federal agencies in consonance with The National
Environmental Policy Act of 1969, The National Historic Preservation
Act of 1966, The Historic Sites Act of 1935, and the Antiquities Act
of 1906. Section 3 outlines specific responsibilities of the
Secretary of the Interior including review and comment upon Federal
agency procedures submitted under this order.

26-10. Executive Order 11643, 8 February 1972, Environmental
Safeguards on Activities for Animal Damage Control on Federal
Lands. This order states a Federal policy to restrict the use of
chemical toxicants for mammal or bird damage control on any Federal
lands or in any Federal control programs as authorized by law.
Included are chemical toxicants which cause any secondary poisoning
effects. (Amended by E.0. 11870, 18 Jul 75 and E.O. 11917, 28 May
76).

26-11. Executive Order 11644, 8 February 1972, Use of Off-Road
Vehicles on the Public Lands. This order establishes a uniform
Federal policy regarding the use of vehicles such as trail bikes,
snowmobiles, dune-buggies and others, on public lands. Section 3
provides guidance for establishing zones of use for such vehicles.
(Amended by E.O. 11989, 24 May 77).

26-12. Executive Order 11647, 8 February 1972, Federal Regional
Councils. Section I of this order establishes a Federal Regional
Council of grant making agencies for each of the ten Standard
Federal Regions in order to better coordinate their services.
Section 3 established

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an Under-Secretaries Group for Regional Operations, composed of the
Under-Secretaries of the agencies in the above councils, directed by
the Office of Management and Budget. (See discussion below of E.O.
11731, and EO 11892.

26-13. Executive Order 11731, 23 July 1973, Amending Executive
Order No. 11647 Relating to Federal Regional Councils. This order
expanded the Council membership and broadened the mandate of the
Federal Regional Councils to include the coordination of direct
Federal program assistance to State and local governments as well as
the grant assistance previously provided. (Amended by E.O. 11892,
31 December 1975).

26-14. Executive Order 11735, 3 August 1973, Assignment of
Functions under Section 311 of the Federal Water Pollution Control
Act, as amended. Delegates authority to the Administrator of the
Environmental Protection Agency and the Secretary of the Department
in which the Coast Guard is operating for determinations of threats
due to discharge of oil or hazardous substances.

26-15. Executive Order 11747, 7 November 1973, Delegating Certain
Authority of the President under the Water Resources Planning Act,
as amended. Section I authorizes the Director of the Office of
Management and Budget to approve rules, procedures, arrangement, and
provisions relating to coordination of Federal planning assistance
program and utilization of Federal agencies administering related
programs. Section 2 designates and empowers the Chairman of the
Water Resources Council to approve standards and procedures vested
in the President by Section 103 of the Water Resources Planning Act.

26-16. Executive Order 11795, 11 July 1974, Delegating Disaster
Relief Functions Pursuant to the Disaster Relief Act of 1974.
Reserved to the President the authority to declare emergencies and
major disasters.

k ~~~26-17. Executive Order 11814, 11 October 1974, Activation of the
Energy Resources Council. This order is in response to Section 108
of the Energy Reorganization Act of 1974 (P.L. 93-438). The
F ~~~Secretary of the Interior is designated as Chairman. Additional
officials including the Secretary of Defense are members. Functions
of the Council include development of a single national energy
policy and program.

26-18. Executive Order 11821, 27 November 1974, Inflation Impact
Statements. This order directs that major proposals for
legislation, and for the promulgation of regulations or rules by any

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executive branch agency must be accompanied by a statement which
certifies that the inflationary impact of the proposal has been
evaluated.

26-19. Executive Order 11870, 18 July 1975, Environmental Safeguard
on Activities for Animal Damage Control on Federal Lands. This
order amends E.O. 11643 of the same title. Section I adds to the
Federal policy, the assurance that where chemical toxicants are used
pursuant to Section 3(b), only those combinations of toxicants and
techniques will be used which best protect nontarget wildlife
species and individuals. (Also see E.O. 119179 28 May 76)

26-20. Executive Order 11892, 31 December 1975, Relating to Federal
Regional Councils. This order amends E.O. 116479 of 8 February
1972, by including the Department of Commerce and the Federal Energy
Administration (now Department of Energy) in the Regional Council
System.

26-21. Executive Order 11917, 28 May 1976, Animal Damage Control on
Federal Lands. This order further amends E.O. 11643 by adding that
agency heads may authorize the use of sodium cyanide in Federal
programs or on Federal lands, in accordance with regulations, and
subject to all present restrictions and those prescribed hereafter
by EPA.

26-22. Executive Order 11921, 11 June 1976, Adjusting Emergency
Preparedness Assignments to Organizational and Functional Changes in
Federal Departments and Agencies. This order amends E.O. 11490 of
October 1969. The Corps or other Defense elements, under the
guidance of the Department of Interior, will develop plans and
programs to help meet emergency water requirements in watershed
areas under their jurisdiction. in accordance with the Department
of Transportation and other Federal agencies, emergency plans and
procedures will be developed for: improvement, rehabilitation,
operation and maintenance of Federally authorized river and harbor
projects, locating and removing obstructions to navigation, and
dredging to clear and straighten navigation channels. Plans and
procedures will also be developed for management, control and
allocation of water resources, including establishing priorities for
water use during emergencies.

26-23. Executive Order 11954, 7 January 1977, Federal Property
Review. Section 3 of this order directs the Administrator of
General Services to conduct surveys, on a continuing basis, of real
property holdings of Executive agencies; emphasis will be on
identifying properties not utilized, or not being put to optimum
use. (See E.O. 12030, 15 December 1978).

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26-24. Executive Order 11988, 24 May 1977, Flood Plain Management.
This order outlines the responsibilities of Federal agencies in the
role of flood plain management. Each agency shall evaluate the
potential effects of actions on flood plains, and should not
undertake actions which directly or indirectly induce growth in the
floodplain, unless there is no practical alternative. Agency
regulations and operating procedures for licenses and permits should
include provisions for the evaluation and consideration of flood
hazards. Agencies are required to prepare their procedures in
consultation with the Water Resources Council, the Federal Insurance
Administration, and the Council on Environmental Quality.
Construction of structures and facilities on flood plains must
incorporate flood proofing and other accepted flood protection
measures. Agencies shall attach appropriate use restrictions to
property proposed for lease, easement, right-of-way, or disposal to
non-Federal public or private parties. This order revokes E.O.
11296, 10 August 1966.

26-25. Executive Order 11989, 24 May 1977, Off-Road Vehicles in
Public Lands. Agency heads are authorized to close areas or trails,
within their jurisdiction, to off-road vehicles which cause adverse
effects to soil, vegetation, wildlife, wildlife habitat, culture or
historic resources. Fire, military, emergency, and law enforcement
vehicles are excluded, when used for emergency purposes. This order
amends E.O. 11644, 8 February 1972.

26-26. Executive Order 11990, 24 May 1977, Protection of Wetlands.
This order directs Federal agencies to provide leaderships in
minimizing the destruction, loss or degradation of wetlands.
Section 2 of this order states that, in furtherance of the National
Environmental Policy Act of 1969, agencies shall avoid undertaking
or assisting in new construction located in wetlands unless there is
no practical alternative. Each agency will provide opportunity for
early public review of plans and proposals for construction in
wetlands, including those whose impact is not significant to require
EIS preparation. Section 9 exempts assistance provided for
emergency work, essential to protect lives, health, and property
performed pursuant to Sections 305 and 306 of the Disaster Relief
Act of 1974.

26-27. Executive Order 11991, 24 May 1977, Relating to Protection
and Enhancement of Environmental Quality. Section I of this order
amends Section 3(h) of E.O. 11514, by directing the Council of
Environmental Quality to issue guidelines to Federal agencies for
implementing procedural provisions of NEPA (1969). These
regulations will include procedures for early EIS preparation and
require impact statements to be concise, clear, and supported by

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evidence that agencies have made the necessary analyses. The
Council will resolve conflicts between agencies, concerning the
implementation of NEPA and Section 309 of Clean Air Act, as amended.

26-28. Executive Order 12007, 22 August 1977, Termination of
Certain Advisory Committee,. This order terminates several
presidential advisory committees, including the-Citizens Advisory
Committee on Environmental Quality, which was established by E.O.
11472. This order also amends Section 4 of E.O. 11514 in reference
to the Committee.

26-29. Executive Order 12030, 15 December 1977, Termination of the
Federal Property Council. This order terminates the Federal
Property Council established by E.O. 11724, of 25 June 1973, and
amends E.O. 11954 of 7 January 1977. The Director of OMB is
directed to review Federal real property policies and objectives of
the Executive Branch. The Director will also review reports made by
the Administrator of General Services, relating to the resolution of
claims on, and uses for, Federal real property, as well as reports
made pursuant to Section 3 of E.O. 11954.

26-30. Executive Order 12088, 13 October 1978, Federal Compliance
with Pollution Control Standards. The head of each Executive-agency
is responsible for ensuring that all necessary actions are taken for
the prevention, control and abatement of environment pollution, with
respect to Federal facilities and activities under control of the-
agency. Each agency head will consult with the Administrator of
EPA, State, interstate, and local agencies concerning the best
techniques and methods for pollution control and prevention. Each
agency is directed to submit an annual environmental pollution
control plan to the Director of OMB. Section 1-4 describes this
plan. This order revokes E.O. 11752 of 17 December 1973.

26-31. Executive Order 12113, 4 January 1979, Independent Water
Project Review. Federal agencies that prepare comprehensive
regional or river basin plans, and formulate and evaluate Federal
water and related land resources projects, will follow a current set
of principles, standards and procedures established by the Water
Resources Council. This Order directs the Council to ensure
impartial technical reviews of preauthorization reports or
proposals, and preconstruction plans for Federal and Federally
assisted water and land resources projects and programs. Section
1-104 describes the technical review compliance requirements for
reports, proposals or plans, and Section 1-106 describes information
that the reports, etc., should include. Reports, proposals and

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28 Sep 79

plans must submitted to the Council prior to approval by Agency
heads. This must occur 90 days prior to the scheduled submission to
the Office of Management and Budget for authorization or funding
requests. Plans or reports submitted to Congress must include a
statement of advice from OMB. (Amended by E.O. 12141).

26-32. Executive Order 12114, 4 January 1979, Environmental Effects
Abroad of Major Federal Actions. This order pertains to Federal
agencies whose actions have significant effects on the environment
outside of the United States, its territories and possessions.
Agencies will establish a program for exchanging environmental
information. This program will provide information to decision
makers, facilitate cooperative use of information among Federal
agencies, and facilitate environmental cooperation with foreign
nations. The order directs agencies to establish procedures for
preparing documents (EIS's, summary environmental analyses, etc.) in
connection with Federal action abroad. Sections 2-3 and 2-4
describe the categories of these actions and the necessary
appropriate documents. Actions exempt from this Order are described
in Section 2-5. The Department of State and the Council on
Environmental Quality will provide consultation on procedures for
implementing this Order.

26-33. Executive Order 12141, 5 June 1979, Independent Water
Project Review. Amends E.O. 12113 to provide that the results of
the technical review shall be transmitted to the agency head within
60 days of the agency's submission of the report, proposal, or plan,
provided that funds and other resources have been made available for
the review.

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CHAPTER 27

INTERAGENCY AGREEMENTS

27-1. Army-Interior

a. 16-17 October 1944, Missouri River Basin (SD. 247, 78th
Congress). Agreement on the coordination of plans and the
responsibilities for development of main stream and tributaries in
the Missouri River Basin.

b. 25 July 1947, Middle Rio Grande Project (H.D. 653, 81st
Congress). A joint agreement on a unified plan for control of
floods, irrigation, and use of water on the Middle Rio Grande Basin
in New Mexico. Sets forth the works to be constructed by each
agency in completing the unified plan. The comprehesive plan of the
two agencies, in substantial accord with the joint agreement, was
approved by the Congress in the Flood Control Act of 1948.

c. 11 April 1949, Columbia River Basin (H.D. 531 and 473, 81st
Congress). Agreement between the Corps of Engineers and the Bureau
of Reclamation on principles and responsibilities for the
comprehensive plans of development in the Columbia River Basin.
Also provides for agency construction responsibility for projects
under construction, authorized or recommended in the comprehensive
plans of development.

d. 9 September 1953, Snake River Basin. Agreement on division
of planning responsibility and responsibility for recommending
projects on the Snake River. Based upon specific reaches of the
main stream and tributaries entering the main stream in those
reaches.

e. 6 & 20 August 1954, Fish and Wildlife Service Agreement.
Specifies procedures for carrying out sound planning on fish and
wildlife matters related to river basin projects of the Corps of
Engineers under the Coordination Act of 14 August 1946. (P.L. 732,
79th Congress).

f. 9 March - 6 April 1955, Procedures for Developing General
Plans for Fish and Wildlife Management. Specifies the procedures
and general provisions for carrying out general plans for fish and
wildlife management as specified in Section 3 of the coordination
Act.

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g. 31 December 1958, Central Valley Basin, California.
Comprehensive agreement dividing responsibilities for planning and
construction of water resources projects, for intergrated operation
of facilities, and for marketing of services.

h. February 1962, Joint Policies Relative to Reservoir Project
Lands. Changed the former real estate policy adopted in 1953 to one
providing essentially for fee acquisition.

i. March 1962, TexasRiver Basins Projects. By direction of
the Vice President, representives of the Bureau of Reclamation,
Corps of Engineers, Agriculture, and the State of Texas agreed on
construction responsibilities among those agencies for the
individual projects in the basin plan. Transmitted to the Vice
President by representatives of the U. S. Study Commission and
endorsed by the State of Texas.

j. 14 March 1962, Alaska, Columbia, and Missouri River Basin.
Agreement on principles, procedures and designations of
responsibility in planning and carrying out Federal water resource
development activities in Alaska, the-Columbia River Basin, and the
Missouri River-Basin.

k. 13 July 1967, Memo of Understanding on Dredging and
Filling. Policies and procedures to be followed when application
for permits to dredge, fill, or excavate in navigable water are
filed with the Corps of Engineers.

1. 2 November 1970, Procedures for Planning Formalized Free
Exchange of Design Information. Agreement between the Corps of
Engineers and the Bureau of Reclamation to reinforce the
coordination of engineering design and construction practices
through a common philosophy and alignment of methodology. The
agreement provides for exchange of information on Design Standards,
Criteria, Guide Specifications, Cost Estimating Guidelines and lists
of Engineer Computer Programs.

m. 2 February 1973, Memorandum of Agreement Between Secretaries
of Army and Interior. This agreement sets forth the principles and
procedures for coordination of Corps and Bureau of Land Management
(BLM) programs where the Corps constructs and operates water
resources projects in the adjacent lands administered by BLM.

n. 11 July 1976, Agreement between U.S. Geological Survey and
the Corps of Engineers. Provides mutual agreement for use by the
Corps of the data facilities of the National Water Data Storage and
Retrieval System (WATSTORE).

27-2

EP 1165-2-1
28 Sep 79

o. 7 September 1977, Agreement between the U. S. Fish and
Wildlife Service and the Corps of Engineers.' Establishes principles
to be used by both agencies in the conduct and funding of Fish and
Wildlife Coordination Act activities.

p. 8 June 1978, Memorandum of Understanding between the U.S.
Geological Survey and the Corps of Engineers. This Memorandum
recognizes the Corps as a participating member of the National Water
Data Exchange (NAWDEX).

q. 31 August 1978, Memorandum of Understanding signed by the
Chief of Engineers and Director of the Geological Survey, US
Department of the Interior. This MOU establishes procedures for
implementing cooperation on the exchange of available information.
This information includes results of research and investigations of
regional and local geology, seismology, and hydrology that are
relevant to site selection and design considerations for Corps
facilities, such as dams and other critical installations.

27-2. Army-Interior-Federal Power Commission (now known as Federal
Energy Regulatory Commission).

12 March 1954, Cost Allocations. Agreement that the costs of
combining reservoir project purposes shall be allocated in
proportion to the distribution of resulting savings. The following
three methods were considered acceptable: Separable Cost-Remaining
Benefit (SCRB), Alternative Expenditures, and Use of Facilties.

27-3. Army-Agriculture

a. 23 June 1948, Memorandum of Understanding Between Corps-Soil
Conservation Service on Drainage Activities. Provides for each
agency to keep the other advised of its current drainage and related
water management activities, exchange technical information, and
correlate drainage improvement measures.

b. 19 March 1959, Agreement between Corps and SCS on
Participation in Urban Flood Protection. Provides for consultation
between the agencies with a view to reaching a mutally satisfactory
decision as to whether the Corps of Engineers or the Soil
Conservation Service should provide the Federal flood control
assistance desired by local urban areas. Supplemented by agreement
of 23 September 1965.

27-3

HP 1165-2-1
28 Sep 79

C. 13 August 1964, Management of Resources Associated with the
National Forest System. Provides policy guidelines for the use,
development and management of lands under control of the Departments
of Army and Agriculture in the vicinity of Corps water resource
projects within or partly within the National Forest System.
Supersedes the agreement of 16 December 1946.
d. 23 September 1965, Corps - SCS - Flood Protection byI
Engineering Works. Provides a basis for establishing
responsibilities, policies and coordination in the preparation of
flood protection plans for areas in which there is a mutual
interest, including those affecting urbanized areas.

e. 12 April 1968, Corps - USDA - Agreement on Common Procedures
in Areas Quarantined Due to Plant Pests. Provides for removal of
service and construction equipment, and soil samples from areas
quarantined because of plant pests.

27-4. Defense - Agriculture

27 March 1963, Memorandum of Understanding for the Conservation of
Forests, Vegetative Cover, Soil, and Water on Lands Administered by
the Department of Defense. @

27-5. Army - Transportation

a. 25 April 1969, Agreement between the Corps of Engineers and
the U.S. Coast Guard. This Agreement provides that the Coast Guard
upon prior application will inspect Corps of Engineers vessels.

b. 28 January 1970. Agreement on procedures between Bure~au of
Public Roads (now known as Federal Highway Administration) and Corps
of Engineers for incorporation of betterments at non-Corps of
Engineers' expense affecting the relocation of highways due to
construction of Corps reservoir projects.

c. 18 April 19739 Memorandum of Agreement Between U.S. Coast
Guard and Corps of Engineers to clarify areas of jurisdiction and
responsibilities under Federal statutes to regulate certain
activities in navigable waters of the United States. Agreement
covers alteration of bridges; construction, operation and
maintenance of bridges and causeways as distinguished from other
types of structures; closure of waterways and restriction of passage
through or under bridges; design flood flows; and provides for
mutual coordination and consultation on projects and activities in
or affecting navigable waters.

27-4

EP 1165-2-1
28 Sep 79

d. 7 September 1976, Agreement between the Corps of Engineers
and the US Coast Guard. Agreement is intended to assist the parties
to effectively utilize their resources and to delineate their
responsibilites in carrying out the surveillance and enforcement of
federally contracted ocean dumping activities associated with
Federal Navigation Projects.

e. 7 May 1977 Memorandum of Understanding between the Corps of
Engineers and the U.S. Coast Guard. The purpose of this Memorandum
of the U.S. as a result of the Ports and Waterways Safety Act of
1972 (PL 92-340)

27-6. Army - Environmental Protection Agency.

a. 15 April 1971, Agreement on division of responsibility for
provdingadditional assistance to State and local governments for
enhancing environmental quality and for meeting cost-effectiveness
requirements for investments in pollution abatement.

b. 22 November 1974, Agreement defines the relationship between
areawide waste treatment management planning conducted by the Corps
under the Urban Studies Program and areawide waste treatment
management planning authorized under Title II of the Federal Water
Pollution Control Act Amendments of 1972 and administered by EPA.
The agreement also acknowledges that the Corps may provide technical
assistance in Section 208 (Pub. Law 92-500) planning outside the
Corps Urban Studies Program.

c. 18 August 1975, Memorandum regarding the use of resources to
focus on discharges which have potential for significant harm during
the phased implementation of the Section 404 program.

d. 25 March 1976. Memorandum describing ways in which the
Corps can participate in State and areawide water quality planning
and management programs authorized under Section 208 and 303 of PL
92-500.

e. 20 January 1978. Interagency agreement whereby the Corps
will assist the EPA in reviewing and inspecting the construction of
new sewage treatment facilities under EPA's Construction Grants
Program.

27-5

EP 1165-2-1
28 Sep 79

27-7. Army-EPA-Agriculture-Interior

25 September 1973, Memorandum of Agreement which provides that
EPA will require recipients of planning grants under Section 208 of
Public Law 92-500 to provide for the creation of an advisory
committee and to invite Departments (including the Corps) to
participate if they deem appropriate. Programs of the Departments
which may implement portions of approved Section 208 plans will be
utilized as provided in the agreement. In addition, the
Administrator shall employ funds authorized under Section 304 (j) of
Public Law 92-500 to supplement related programs of the Department
as provided in the agreement.

27-8. Army-Nuclear Regulatory Commission.

a. 19 April 1973, Agreement No. AT (49-24)-0037, Corps - Atomic
Energy Commission on Technical Support in Reviewing Applications for
Licenses for Nuclear Facility Sites and Allied Services. Agreement
by the Corps to provide technical support in reviewing and
apprasiing applications for licenses for nuclear facility sites and
allied services in the field of foundation engineering in connection
with the regulatory functions of the U. S. Atomic Energy Commission
(valid through 30 June 1974; subsequently extended). Pub. Law
93-438, enacted 11 Oct 1974, transferred the licensing and
regulatory authorities and functions of AEC to the Nuclear
Regulatory Commission.

b. 2 July 1975, Memorandum of Understanding between the Corps
of Engineers and the Nuclear Regulatory Commission for Regulation of
Nuclear Power Plants. Memorandum defining the roles each agency
shall play in the licensing of nuclear plants to avoid conflicting
and unnecessary duplication of efforts and of standards related to
overall public health and safety and environmental protection.

27-9. Army - National Environmental Satellite Service

17 November 1975, Memrandum of Agreement regarding the use of
the Geostationary Operation Environmental Satellite (GOES).

27-10. Army - U.S Geological Survey.

11 July 1976, Memorandum of Agreement relating to the use of the
Geological Survey's National Water Data Storage and Retrieval System
(WAT STORE)

27-6

EP 1165-2-1
28 Sep 79

27-11. Army - Commerce

17 November 1976, Memorandum of Agreement regarding the use of
the Geostationary Operational Environmental Satellite (GOES)

27-12. Army-Office of Emergency Preparedness. (Now known as
Federal Emergency Management Agency)

8 June 1973, Memorandum of Agreement prescribing policies and
procedures governing reimbursement to the Corps for expenditures in
providing disaster assistance.

27-7

I. ~~~~~~~~~~~~~~~~~EP 1165-2-1

CHARTER 28

OFFICE OF MANAGEMENT AND BUDGET C IRCULARS

This appendix lists Office of Management
and Budget instructions of a continuing
nature applicable to or of interest to
civil works.

No. Subject Date

A-1 Office of Management and Budget's system of
(Revised) Circulars and Bulletins to executive
departments and establishments ........08/07/52

A-3 Governmental periodicals ...........05/18/72
(Revised)

A-1 0 Responsibilities for disclosure with respect
(Revised) to the budget.................11/12/76

A-11 Preparation and submission of budget estimates
(Revised) (Transmittal Memorandum No. 48)........05/25/79

A-12 Object Classification.............07/21/77
(Revised)

A-16 Coordination of Surveying and Mapping
(Revised) Activities ..................05/06/ 67

Transmittal Memorandum No. 2 .......10/10/58
Transmittal Memorandum Mo. 3 .......11/02/60
Transmittal Memorandum No. 4 .......03/01/61
Transmittal Memorandum No. 5 .......10117/64
A-18 Policies on construction of family
(Revised) housing....................10/18/57

Transmittal Memorandum No. I1.......08/23/67

A- 19
(Revised) Legislative Coordination and Clearance ....07/31/72

28-1

EP8 Sep 79

No. Subject Date

A-25 User Charges ................................ 09/23/63

Transmittal Memorandum No. 1 ............ 10/22/63
Transmittal Memorandum No. 2 ............ 04/16/74

A-31 Distribution of appropriations and other
(Revised) budget authority made to the President ...... 02/22/72

Transmittal Memorandum No 1 ............. 07/20/73

A-34 Instructions on budget execution ............ 07/15/76
(Revised)

Transmittal Memorandum No. 7........... 07/15/76

A-40 Management of Federal reporting requirements 05/03/73
(Revised)

Transmittal Memorandum No. 1 ............ 02/10/76
Transmittal Memorandum No. 2 ............ 11/05/76

A-49 Use of Management and Operating Contracts... 02/25/59

A-50 Executive branch action on General
(Revised) Accounting Office reports ................. 10/28/71

A-60 Criteria for decentralizing Federal activi-
ties from the National Capital region ....... 07/18/63

A-62 Policies and procedures for the coordination
of Federal meteorological services .......... 11/13/63

A-63 Advisory Committee Management. ... 03/27/74
(Revised)

Transmittal Memorandum No. 1 . ........... 07/19/74
Transmittal Memorandum No. 2 ............ 07/19/74
Transmittal Memorandum No. 3 ............ 09/03/75
Transmittal Memorandum No. 4 ............ 02/05/76
Transmittal Memorandum No. 5 ............ 03/07/77

A-67 Coordination of Federal activities on the
acquisition of certain water data ........... 08/28/64

28-2

EP 1165-2-1
I.~~~~~~~~~~~~~~~~~2 Se 79

No. Subject Date

A-76 Policies for acquiring commercial or
(Revised) industrial products and services for
Government use ................08/30/67

Transmittal Memorandum No. I1.......08/30/67
Transmittal Memorandum No. 2 .......10/18/76
Transmittal Memorandum No. 3 .......06/13/77
Transmittal Memorandum No. 4 .......03/29/79

A-84 Reporting of Federal outlays by geographic
location ...................06/29/67

Transmittal Memorandum No. I1.......08/30/67
Transmittal Memorandum No. 2 .......03/26/69

A-89 Catalog of Federal Domestic Assistance . ...12/31/70
(Revised)

A-90 Cooperating with State and local governments
to coordinate and improve information
systems .....................09/21/68

Transmittal Memorandum No. I1.......09/07/76

A-94 Discount rates to be used in evaluating
(Revised) time-Distributed costs and benefits......03/27/72

A-95 Evaluation, review, and coordination of
(Revised) Federal and Federally assisted program and
projects ...................01/02/76

A-97 Rules and regulations permitting Federal
agencies to provide specialized or technical
services to State and local units of
government under Title III of the Inter-
government Cooperation Act of 1968 ......08/29/69

A-99 Direction and control of litigation. .... .. 06/30/70

A-102 Uniform administrative requirements for
grants-in-aid to State and local governments 08/24/77

A-104 Comparative cost analysis for decisions to
lease or purchase general purpose real
property ....................06/14/72

28-3

EP 1165-2-1
28 Sep 79

No. Subject Date

A-105 Standard Federal Regions .................... 04/04/74

A-106 Reporting Requirements in Connection with
the Prevention, Control, and Abatement of
Environmental Pollution at Existing Federal
Facilities ................................. 12/31/74

A-108 Responsibilities for the maintenance of records
about individuals by Federal agencies . ...... 07/01/75

Transmittal Memorandum No. 1 ............ 09/30/75
Transmittal Memorandum No. 2 ............ 03/25/76
Transmittal Memorandum No. 3 ............ 05/17/76
Transmittal Memorandum No. 4 ............ 01/31/78
Transmittal Memorandum No. 5 ............ 08/03/78

A-109 Major Systems Acquisitions .................. 04/05/76

A-ill Jointly funded assistance to State and local
governments and nonprofit organizations ..... 07/06/76

A-112 Monitoring Federal Outlays .09/01/76

A-115 Zero-Base Budgeting ......................... 05/05/78

A-116 Agency Preparation of Urban Community Impact
Analysis ..................................... 08/16/78

A-117 Management Improvement and the Use of
Evaluation in the Executive Branch .......... 04/23/79

28-4

EP 1165-2-1
INDEX Paragraph Number* 28 Sep 79

ABANDONMENT SF NAVIGATION PROJECTS 1 OOf
Aoi II04F LANOS0qA
AesUIS,,TIONF or 1 LADS FOR RCECAOTInN DFVFLOP-ENT AT RESERVOIRS IN5h~ '?
ACQUiIITiOIOF )LAN S, CoST ESTIMAT E OF AFOF A
AU 51DREGSIILATIONS (DAR) OE nFFNSF
ACIEPROJFeCTS (1
ICTIITIIREATEDTo ROGAMSAD'4INISTFREO By OTHER FEDERAL AFCF
ADMINSTRATR OFINFFNIRONMNTALPROTFCTION AGENCY 02-A.0..

AESTHETIC VALUES, CONSIDERATIOIN OF 51.
AES THETIC VALUES, DESTRUCTION OF ONOVA.Ctoa)(
AGAREEHENDS, INTFRADENCY 27.
AGRICULTURE, SECAF1TARY OP 02-0110.
I ~ ~~~ALTERNAIVE moors OF TRANSPORTING COARTDITIFB, RATES FOR
AORTIZAT ION09O..1)
ANCHORAGE$ S
ANNUALFRAYHENTS, LOCAL CASH CONTRIBUITIONS IN 2-1,0.lo.
APPROPRIATESDFUNDS 07P.02
APPROPRIATIONS, PRODRAMMMINII, BuUDGTING ANO 07.
A6GUATIC PLANT CONTROL. PO. P-r1.
AS-Oh'). ?".0N9.
25-01TN.
ARCHEOLOGICAL DATA, PRESERVATION OF VISYSAICAL AND ?5OD.P-)')".
ARCHITECT-ENGINEERS, USE (F OaN- o.
ARMY, SECRETARY OF TN!O-t.) oFON

ASSESSHENTS (LEVEL A STUDIESI )9010
ASSESTANT SECRETARY OF TAF ARMY FOR CIOL ROARKS fASA(C.II 02-t*A
AUTHORI1TIES. INVESTIGATIONS UNDER CINTINUING U902C.(0
AUTHORITIES, PROJECTS UNDER CONTINUING 09-0) .9.
AUTHORITY FOR FLOOD CONTROL20UN
AUtHORITY, MODIFICATIONS BEYOND DELEGATFODR02N
AUTHORIZATION OF PLANS FOR IHPROVFMENTB ON-AO.
AUITHORIZATION, .CONGRESSIDNHL UA-01.C.
AUTHORIZATION, CONTINUING 09s-0).
AUTHORIZATION, PROJECT Oh.
AUTHORIZATION, THO.PHVSE1 09:01.fhIL
AUTHORIZATIONS OF INVESTIGATIONS 09-0)
AUTHORIZATIONki PERMIT 21-02.0.
AUTH4ORIZED PROJECTS, CONGRESSIONALLY 09-0) .0.
AUTHORIZED PROJECTS, SECTION nA4A (FWPCAI EVALUATION OF O-t0(2
AVERAGE ANNUAL BENEFITS US-00.A.Cf1j
SANE EROSION CONTROL. TECHNICAL ASSISTANCE. FOR SHORE AND 9t?
BANK PROTECTON, EMERGFNCV sY
BASIN1 ACCOUNTING -hC
BASIN COMMOSSODNS ITITLE III, RIVER OASV.A: 10)1
BASIN INTER-AGENCY COMMITTEES009..()
BASIN PINAS, RIVER00Nt )
BEACH EROSION BOARD (EBE) FUNCTIONS TAANSERREO TO SFRA2M01
BEACH EROSION BOARD ASTABLISMFO MASIUT
BEACH4 EROSION CONTROL III 02.0'. 10-al.

BEACH EROSION CONTROL AND AURRICANE PROTECTION 13.
BEACH ER0SIOF' CONTROL COST SHARING 25')h9.
BEACH EROSION CONTROL PROJECTS, SMALL 250hN.:
BEACH USE NY PRIVATE IRGANIZATOONS 13-0) .C.)MD
SEACH.NOURISHREINT, PERIODIC -l-)O

BENDS IN NAV15ATION CHANNELS 29-A0II.
BENEFICIARY INIFREST, DFIERRINATIOnl OF SPECIAL 1-
BENEFIT EVALUATION FOR INLAND RATERWAYt AND OEEP.ORAFT HARBORS 1-9
BENEFIT-COST ANALYSIS09V.�OI
BENEFIT-COST RATIO 0-VCll
BENEFIT-ESTIMATING PROCEDURE 0-VV
BENEFITS FOR FLOOD CONTROL, EVALUATION OF ECONOMIC 1~0
BENEFITS FROM EVA4CUATION 1-90
BENEFITS FROM RELOCATION 29C
BEAFFITS OF HIGHWAY RFTTVRAFNTS OR IMPgRVED HOUSING STINNARDO0MVU.0SD
BENEFITS OF NAVIGATION PROJECTS, REGIONAL AN-Il?.
BENEFITS, AVERAGE ANNUAL 09-0 V.A.101)
BENEFITS, FLOOD CONTROL -9K
SENFFITS, INTANGORILE O-VV)N
BENEFITS, LANDI-FILL01).r*09
BENEFITS, MAXIMIZING NET O-00
BENEFITS, NET TANGIRLF09VO.ll
BENEFITS. NON.HONFTAAY
BENEFITS, REGIONAL 09-naV.V.f91
BENEFITS, SINGLE-USER0-1.c?
BENEFITS, WINDFALL 09-Il *F,* 101
BERN FUNCTIONS 2-)V

SERH ROAO OFFNOINEFAS FOR RIVERS AND MARRORS DP2-02..
BERM, RO0ARO OF FNGINEFRS FOR RIERLS AND VARRORS, RE:Vt-BYIM DO, OAF ON-02
BOARD (CERRIJ, COASTAL ENGINFENING RFOFARCA 0'J-83.d.
BOARD OF ENJGINEFAS FOR RIVERS ANO HARBORS (IRERA) 20. -Ot
BOARD OF eNOIYEFS FOUR RIVERS AND) ARBOR5 IREROI. REVIEW AY) THE I I I ,A; :.C
BOARDS ANDI CUAMISSIONO UN-OS.
RONNEVILLE PO-RE ADRMINISTRATInN 2)' 0.
SOUNOA RV RTER TAFATO OF 19,11 ketiP *F.IO I
RAlDOF ALTVARAT INS FOR NAVIATIN. RAILROAD ANDO HIGH-AY 29-007
BRIDGE ALTERATIONMS FOR FLOOD C-iNTRO), RAILROAD 25-M0s.
ARIOGES, TRANOFFA OF S0P
BRINES FROM OIL FTELO)S 17-07.1.
BuDGET ICOMA), OFFICE OF RANAGFENNT ANDI 07-A.01A.
BUOGET AND ACCOIINTINO, PROCEDURES ACT OF 1950 II-il A
SLIMRT ANO IOP0IINDRFNT CON1TROD ACT OF 1N70 fPL N3O3500) O70)I.A

BUIGFT PREPARATO, 070)A
4 ~~~~BUOGETARD INFORMATION, nIOCI UDURE OF 07-'I). ,
BUDnGETING TUBA), ZtRO ROSE A7-01 *h.
BIIDOFTIND AND. APPOOREIFA11ONS, FPBPONMtING. T
NIOPFAII 11F -I-EN 1-

*Upper case letters should

be read as lower case.

EP 1165-2-1

28 Sep 79

BUREAU OF RECLAMATION 23-13-.
BUREAU Of RECLAMATION, INYLSITIOGATIONS FOR 25-0.
,UOINEBBES1 DISPLACEHENT OF O0-s:Ahs (04)(o)
BUY AMERICAN ACT -Or.hE
CALIFORNIA DEBRIS COMMISSION 20"9. n J.
CANADA 0 .F
CAPABILIIY, FISCAL 07.n.l.
CASH CONTRIBUTIONS IN ANNUAL PAYMENTS. LOCAL 25-10?.
CASH PAYMENT OF PROJECT COSTS Os-it.F.
CElo COUNCIL ON ENVIRONMENTAL QUALITY 02-.01.0. .-fl.t.
CERBI COASTAL ENGINEERING RESEARCH ROARS 04-03.A.
CERC, U.S. ARMY COASTAL ENGINEERING RESEARCH CENTER Oa-04.C.(031
CERLI U;j. ARMY CONSTRUCTION ENGINEERING RESEARCH LABORATORY 0-0N4.C.CAI
CHANGES IN RESERYOIR REGULATION 1I-ll.
CHANGES TO MEET WATER QUALITY STANDARDS AT RESERVOIRS 10.BA.
CHANNELS, DEEP-DRAFT - .n.b
CHANNELS, EMERGENCY CLEARING OF NAVIGATTON 10.02.a.(UU
CHANNELSI EVALUATION OF SMALL.BOAT HARBORS ANO Il1,i .
CHANNELBS, MALL.BOAT 11-l ..(03l
CHARPER FISHING CRAFT, COST SHARING FOR Il.R.. 1l.oqC.
g~-lBT,
CHIEF Of ENGINEERS (COE) 02-II.A. n7-o1.A.
CHIEF OF ENGINEERS ENVIRONMENTAL ADVISORY BOARD O0elS.F.
CHLORIDE CONTROL PROJECT, ARKANSAS.RED 1TROTRe
CIRCULAR ND. A, 10t OnA o7',l.FM
CIRCULARS, OFFICE OF MANAGEMENT AND BUBDET 2A.
CITATION AUTHORITY 25-n07.
CIVIL WORKs IASACCAI). ASSISTANT SECRETARY OF THE ARMY FOR 0201i.A.
CIVIL HORNE DIRECTORATE 23-OT.C.
CIVIL WORKS INVESTIGATIONS, TYPES OF 05-02.
CIVIL WORKS PROGRAM o?-01.
CIVIL WORKI PROGRAM. MANAGEMENT OP THE ON.
CIVIL NORIS PROJECTS, TRANSFER OF INTEREST OR OMNERSHIP OR USE.. 10O.R.
CIVIL WORKNS PUBLICATIONS UNOER FREEDOM OF INFORMATION ACTI PROC' ING REQUESTS FOR 05-15.0.
CIVIL HORMS RESEARCH AND DEVELOPMENT 23,
CLASSIFICATION OF UNCOMPLETED AUTHORIZED PROJECTS 07-04.
CLEAN AIR ACTF FEDERAL FACILITIES 25-OAa.
CLEAN HATER ACT OF 1977 (PL 95.r�I7) 05-D3.F(*011 .S-03.M.(01)

05-03.n.cUIC)() R9-05.
1T-03.A. 21-01.
au-13.8.(023
CLEAN WATER ACT OF 1977 (PL 95-oltlI, MAINTENANCE DREDGING PRON 'ONS OF THE 10.-05.
CLEAN HATER ACT OF 1977 (PL 95.021T, SECTION 0001 Oi-02.C.(Ol(
CLEAN WATER ACT OF 1977 (PL 05SioLTyg SECTION OON s04.01.A.1011
CLEAN HATER ACT OF 19$? (PL 95.0211?, SFCTION ON04 2I-l0.4.(4)
CLEARING AND SNAGGING. FLOOD CONTROL 2N-OIY.
CLEARING OF NAVIGATION CHANNELS, EMERGENCY 1-2A,
CLEARINOGHOUSE, AgS D09.0.F.(102)
COASTAL ENGINEERING RESEARCH BOARD (CERI) 2Of3.iA.
COASTAL ENGINEERING RESEARCH CENTER ICERCI ESTASLISHED 2U-oil. N-09Rq.
COASTAL ENGINEERING RESEARCH CENTER (CERC), U.S. ARMY 0-04C.CD(03)
COASTAL ZONE MANAGEMENT ACT 25-09R. 75-1O,
COASTAL ZONE MANAGEMENT ACT OF 1972, AMENOED, (PL 9R005551 2.T7. -7..
21:132 C ~ ~ Ao~,B
O1-Y2.C.(n02
CODE 110 FUNDS 09-01.0.103. Ib-C0..
CODE 710 PROGRAM 10-nA.
COE. CHIEF OF ENGINEERS 02-I.A. ?T-OL.A.
COLD REGIONS RESEARCH AND ENGINEERING LABORATORY (CRRELIU.S.ARMY Uo2-A.C.105)
COMMERCE, IECRETARY OF 02-o1.0.
COMMERCIAL STATISTICS 29-50?.
COMMISBION (IBAC), INTERNATIONAL BOUNDARY AND WATER 2-00.Fnl
COMMISSION (IJCe, INTERNATIONAL JOINT 02-O.F.[n1)
COMMISSION ISPRKCeD), CALIFORNIA DERIS DO-03.C.
COMMISSION. MISSISSIPPI RIVER 02-02.A.
COMMISSION, NATIONAL TRINSPORTATION POLTCY STUDY 1116.
COHMMISSION, PRESIDENT OF MISSGISSIPPI RIVER Ob-02z.A.
COMMISSION, SUSQUEHANNA RIVER BASIN O-105.A.102)
COMRISSIONS (TITLE II), RIVER BASIN 02-05.2.(031
COMMISSIONS (WATER RESOURCES PLANNING AiT, TITLE II), RIVER BASIN 02-05.l.(131
COMMISSIONS, BOARDS AND oa-03.
COMMISSIO$NS INTERSTATE COMPACT O2-n0.0.
COMMISSIONSt RIVER BASIN O.i l.D.
COMMITTEE, CIVIL WORKS RESEARCH AND DEVFLOPMENT 23-03.
COHMMITTEE, HOUSE PUBLIC WORKI AND TRANSPORTATION 05-01.
COMMITTEE, SENATE ENVIRONMENT AND PUBLIC WORKSB O-01n.
COMMITTEES, BASIN INTER.AGENCY OU.o5a.(0o)
COHMMUNITY COHESION, DISRUPTION OF o9-nsA.n2) (V)
COMMUNITY DEVELOPMENT PROGRAM 20-0b.
COMMUNITY GROWTH, DISRUPTION OF DESIRABLE 05-O.RA.(o2)(L)
COMPACT, DELAWARE RIVFR BASIN Oa-nS.A.(102
COMPACT FEODERAL-INTERSTATE O32-15.A.I02
COMPACT.i INTERSTATE Oa-ns.A.(o0
COMPACT, SUSGUEMANNA RIVER RBASIN oo.o;.a.(o�l
COMPACTS PERTAINING TO CONSERVATION OF wATERBSHEDS, RIVER ASINS 2s-0n7.
COMPREHENSIVE PLANS, 308 REPORTS 2S-n031.
CONCESSIONS, COMMERCIAL lbOhA
CONDEMNATION PROCEEDINGS 29S022. - .
CONDEMNATION PROCEEDINGS AND DONATIONS 29-009.
CONDITION SURVEYS OF NAVIGATION PROJECTS 1O-nb.
CONFERENCE, BIENNIAL INTERAGENCY WATER RESOURCES REEARCH 23-13,.
CONGRESSIONAL AUTHORIZATION OlM3.C.
CONGRESSIONAL CONCURRFNCE UNDER BECTION 02(5. FLOOD CONTROL ACT OF 1968 (PL Q0.UV31 07-06.N4.
CONGRESSIONAL HEARINGS 06173.47
CONGRESSIONAL LIMITATION ON SIRVEY 65-02,.
CONGRESSIONAL LIMITATIONS ON NAVIGATION 2-0A47.
CONORESSIONALLY AUTHORIZED PROJECTS [IASURANCESI 00-.01.a
CONSERVATION AND FLOOOPLAIN MANAGEMENT TN FFDERAL PROGRANS. MATFR oA-nT..R(nl
CONSERVATION AREAS, PARK AND l*.1
CONSERVATION OISTRICTS. SOIL AND WATER O-.n.2.A
CONSERVATION FUND, LAND AND -ATER 2a-A..
CONSERVATION OF WATERSHEDS RIVER RASIN COMPACTS PERTAINING TO 29-O17.
CONSERVATION PRICING nF wATFR SIIPPLTEE MY FFOERAL PROJECTS O-.A..(nA)
CONSERVATION SERVTCE, SOIL 3-l.J ,-'
CONSERVATION. POLICY ON DEVtOPMFNT, MANAGEMFNT AND O0n2.
CONSERVATION, FORFST ON.-o
CONSERVATION, PL MRODBO, INCREASE TO R?5 MILLION FOR STATE 11I IN OA.-I.HlNoel
CONSERVATION. .ATFR 03.1n *R
CONSERVATION. .FTLANDS IQ.

1-2

EP 1165-2-1

28 Sep 79

CONSTRLCTION ME.
CONSTRUCTION DRAWINGS AND SPECIFICATIONS, SALE OF 05-25.0.
CONSTRUCTION ENGINEERING RESEARCH LABORATORY (CERL), U.S, ARMY OUA.u.C.CnA
CONSTRUCTION GRANTS PROGRPAMi EPA 2-E15.
CONSTRUCTION, RESERVOIR CLEARING IN CORPS 09.07,
CONSTRUCTION, USE OF CONTRACTORS IN CORPS CIVIL WORKS UOMA..
CONSTRUCTION, USE OF GOVERNMEN T PLANT AND HIREO LABOR IN CORPS CIVIL GWORS 9Onb.C.
CONSULTANTS, USE OF OR-YR. 7S-o02.
CONTENTS OF SURVEY REPORTS 2%-VIA. 2P-019.
25-127. 25.01%.
CONTENTS OF SURYVEY REPORTS FOR FLOOD CONTROL �5-021.
CONTINUING AUTHORITIES 05-01.
CONTINUING AUTHORITIES PROGRAM 05-06.1.
CONTINUING AUTHORITIEE INVESTIGATI ONS UNDER OSU-O.C,(033
CONTINUING AUTHORITIES, PROJECTS IUNDER 0301-.mR.
CONTINUING AUTHORITY, SPECIAL i-03.
CONTRACT PRICE 25-02D.
CONTRACTING WITH SMALL AND MINORITY BUAINESSES oU.96.o.
CONTRACTORS IN CORPS CIVIL WORIKS CONSTVUCTION, USE OF 09r6U.A.
CONTRACTS9. USE OF TITLE II 09-Yb.M.
CONTRIOUTED FUNDS 25-20. P5-0,.

CONTRISUTIONS IN ANNUAL PAYMENTS, LOCAL 25-02.
CONVEYANCE FACILITIES, WATER I 7nU.
COOPERATION, FEDERAL.STATE 0-F01.8.1071
COORDINATION DIRECTORY FOR FEDERAL AGENJIES. WATER RESOURCES COUNCIL 05eOU.F.(OI)
COORDINATION WITH DEPARTMENT OF INTERIOR 25.YA4.
COORDINATION WITH FEDERAL. STATE, AND LOCAL INTERESTS Os-YG.F.
COOROINATION WITH STATES 25-ouA.
CORPS CIVIL WORKS PUSLICATIONS, DEPOSIT OF PROCEEDS FROM SALE OF 05IS..F.
CORPS Of ENGINEERS (CE) 02-01.A.
CORPS OF ENGINEERS (CE) 2313
CORPS OF ENGINEERS, FORMATION OF 25�.O0.
CORPS WORK FOR OTHER GOVERNMENT AGENCIES O0-10.
CORRECTION OF DESIGN DEFICIENCIES 0-.15.
COST ALLOCATION 05.10. 16A,%.N.
COST ALLOCATION FOR RECREATION I6-.05.8.
COST ALLOCATION METHOD 05-10.R.
COST ALLOCATION, ALTERNATIVE JUSTIFIABLP EXPENDITURE METHOD OF 05-10.0C
COST ALLOCATION. PRINCIPLES ANO METHOOS OF 05100.
COST ALLOCATION. SEPARABLE COSTS-REMAINING BENEFITS METHOD OF 05.10.0. 05.20.0,
17-Y7.C,
COST ALLOCATION, THREE ACCEPTABLE METHODS OF Us-la.C.
COST ALLOCATION, USE OF FACILITIES METHOD OP 05-10.C.
COST APPORTIONMENT 05.H.
COST PARTICIPATION (RECREATION 6.YsR.
COST PARTICIPATION IN RECREATION, NON.FPDERAL I6M.5,
COST SHARING 3.010. -02.C.
to-no.
COST SHARING AND REPAYMENT 05'I. 05-lA.N.
COST SHARING FOR CHARTER PIEHIND CRAFT I1- 9.B. II 09.C.

COST SHARING FOR FLOOD CONTROL PROJECTS 12.07.
COST SHARING FOR HYDROELECTRIC POWER 9-U03.
COST SHARING POLICY I-10.N.(Oll)
COST HAMRINGt REACH EROSION CONTROL 25-ObR.
COST SHARINOG, HURRICANE PROTECTION 25SeB7.
COST SHARING, IRRIGATION 17-fb.H.
COST SHARING, LOCAL COOPERATION AND 12-07.
COST SHARING, SPECIAL SENEFICIARY SITUlATIONS PERTAINING TO U511.E.
COST.ESTIMATING PROCEDURE 05O-U, P%-5.A.h
CO3T-SHARING FORMULAS AND RULES 05.11l0.
COST.SMARING POLICYI PRESIDENTIAL 05-1.I .
COST-SHARING REOUIREMENTS FOR NEW PROJECTS 12-T7.,
COST.SMARING, PRINCIPLES AND OBJECTIVES OF 05-11.0.
COST, 'FIRST 05-oo.A.In1) A-oV.A. o02)
05-B~,A(o5) 0%-Il .F
COSTS ALLOCATED TO WATER SUPPLY FOR FIITIIRE USE 1T-02,.A
COSTS OF CONTROLLING MAN-MADE POLLIUTION 17-07..
COSTS, ECONOMIC OS-n.A.(n1)
COSTS, NON.MONETARY -oA-o8l.(091
COSTS, PAYMENT OF PROJECT 02-01.1
COUNCIL (WRC), WATER RESOURCES 07-01.
COUNCIL ON ENVIRONMENTAL QUALITY (CEU) 0201. 02-012.0

COUNCILS, FEDERAL REGIONAL 02.01,C,
CEL, U.S. ARMY COLD REGIONS RFSFARCW AND ENGINEERING LABORATORY OA.nu.C.(ns)
CULTURAL RESOURCES, IDENTIFICATION AND ADMINISTRATION OF OR-AW.F,
DAM OPERATIONS MANAGEMENT 10-19.
DAM SAFETY ASSURANCE ]011W.
DAMAGE SUSCEPTIRILI.TY, MEASURES TO REDUCE 12n2.,C.
DAMS, NATIONAL PROGRAM OF INSPECTION OF NONeFEDERAL 22. PS-o.09
DAMS, PUBLIC HIGHWAY RRIDOGE AT 25.Ynt.
DAMS, REPAIR OF FACILITIES DAMAGED BY OPERATION OF CORPS IS-nAu,
DANGER ZONES 21-0.a.
OAR, DEFENSE ACOUISITTON REGULATIONS 09VNb.Y.
OEAUTHORIZATION REVIEW PROGRAM, PRJECT 06O.n5.
DEAUTRORIZATION, PROJECT 0,. %10,2.
DEEP WATER PORT ACT OF 19RY (33 U$C 1501 ET SEG,) 21.02.C.o1n0
DEEP-DRAFT CHANNELS 2. M10
DEEPDRAFT HARBORS AND CHANNELS lI-lR.(.1)
DEEP-DRAFT HARBORS, BFNEFIT EVALUATION FOR INLAND WATERWAYS AND 1103.
DEEPRATER PORT PERMITS 25-ItW.
DEFENSE DOCUMENTATION 20-10.
DEFENSE PROJECTS, USF OF CIVIL. WOORKS FUNDS FOR 25-UVU,
DEFERRAL AND RESCISSION ACTTONS UNDER PL 93OA340 07-02.B.
DEFERRED PROJECTS U7-YA.A,(n1)
DELAWARE RIVER RASIN COMMISSION 0S.n5.61(02)
DELAWARE RIVER BASIN COMPACT 00.00.A.(10
DELEGATED AUTHORITY ($PAC), MODIFTCATTfINS REYONO OR-0.NR.
DELEGATION OF AUTHORITY TT APPRoVF PROJECTS 06-01.n.
DEPARTMENT.nF ARMY PERMITS 21-0d.
DEPARTMENT OF INTERIOR, COOROINATTIoN WITH 25.04u.
DEPARTMENT OF JUISTICE 0P-l.,n.
DEPARTMENT OF tHA ARMY 02-01.A.
DEPARTMENT OF TRANSPORTATION, CORPS ACTIVITIES TRANSFERMEn TO 25-07a,
DESIGN DEFCIZFNCIFS, CONNECTION OF In-15,
DESIGN, ENVIYONMENTAL 0-0u.
DEVELOPMENT GOF ETAILFD PLANS. PLAN DFVFLOPHENT STAGD U - 3. .[

I-3

EP 1165-2-1

28 Sep 79

O VCELOPENT OF INTERMEDIATE PLANS. PLAN IEVELOPHENT STAGE 2a
DEWLOPHE NY OF OUT OOD RECREATION FACILITIES 16003,
DEVEL OPMENT OF PUBLIC PORT OR INDUSTRIAL FACILITIES 2900',
OIRECTORATE OF CIVIL WO RKS 0a2.N.
DIRECTORY pOR FEOERAL AGENCIES, WATER RESOURCES COUNCIL COOROINATIAN 03.F.(OI)
DISASTER ASSISTANCE ADMINISTRATION (FDPA). FEDERAL 12-lo..
DISASTER ASSISTANCE. FLOOD EMERGENCY DPrRATIONS AND 12-10,
DISASTER ASSISTANCE, OTHER 1�'* .
DISCHARGE FACILITIES, LOW LEVEL ON-OS.
DISCHARGE OF FILL MATFRIAL, WATER DOALITY RFGUIREMENTS REGARDING 09On.
DISCLOSURE OF BUDGETARY INFORMATION 07i ,F.
DISCOUNT RATES DS-OW.C.21(-
DISPLACEMENT OF BUSINESSES o5-flRAI1oA(01
DRSPLAEEMENT OF FARMS Os-Op.Nnpl(1)
DISPLACEMENT OF PEOPLE
DISPLACEMENT PAYMENTS 21-ORY,
DISPOSAL AREAS tO~O2.a.fo9-
DISPOSAL AREAS, MANAGEMENT PRACTICES FOR 25-117.
DISTRIBUTION Of RENTAL RECEIPTS10 .L.
DI3TRISUTION SYSTEMS. WATER 29.
DISTRICTS, U.S, ARMY ENGINEER 00.n,
DIVI.ION ENGINEER 06.�.
DIVI&IONS, 0,U, ARMY ENGINEER OA-Oo~o,
DONATIONS Of MATERIALS, ACCEPTANCE OF 10-IA.
DONATIONIo CONDEMNATION PROCEEDI N G S A N D 5�ns
DRAINHAGE MAJOR IPolo.
DREDOSO MATERALL DISPOSAL I1106.
DREDGED MATERIAL, LAND ENHANCEMENT FROM PLACEMENT OF I D.6.
DRED09D MATERIAL, UTILIZATION OF 09-08.
DREDGING BY CONTRACT 29-I I.
DREDGING PROVISIONS OF THE CLEAN WATER ACT OF 1977 IPL 95.o2171, MAINTENANCE 10.05.
DREDGING RSTRITCTIONS 25-00U,
DRIFT AND DEBRIS REMOVAL 11-OR,
DRIFT REMOVAL 25-112.
DROUGMT.DISTRESSED AREAS 1-09.A.
EASEMENTS ON FEDERAL LAND$ 25O-0oc
ECONOMIC COSTS os-oo.A.(0o
ECONOMIC ESPENDITURES Os-oA,o.bon 10)
ECONOMIC PEASISILITY, PROCEDURE FOR DEFfRMININSG 0q-D.
ECONOMIC IMPACTS os-ooAboa*
ECONOMIC LIFE V5E.A.1VE031
ECONOMIC LIFE, ASSUMED USEFUL 05-08R. (.03
ECONOMIC LIFE, ESTIMATED USEFUL 0'i-V:RA.'03I
ECONOMIC LIFE* USEFUL 05-A.A.(003
ECONOMIC VALUE 05-oRA.(no31
ECONOMIC, SOCIAL AND ENVIRONRENTAL IMPACTS 25-oAT.,
ECONOHY ACT or 1941jU 0U 0.
EDP, USARMY ENGINEER DATA PROCESSING CENTER 0a-04.C.1001
EFFECTS AND ASSOCIATED COSTS, ADVERSE 09-OR.o.1V9I
IFFECTS. ADVERSE EMPLOORENT 09-0V8o,1ooi(C)
EFFECTP ECONOMIC C0.naI.(O0)
EFFECTS, ECONOMIC.SOCIAL-ANS.ENVIRDNMENTAL O3-o1.A.Coul(A)
EFFECTS, ENVIRONMENTAL O9-OV.O.10o1
EFFECTS, SECONDARY Os-OV.A.(GSI
EFFECTS, SOCIAL os-oo.l.zn
EIS. ENVIRONMENTAL IMPACT STATEMENT
EMERGENCIES 1-ng0.
EMERGENCy ACTIVITIES 0%oNf't.
EMERGENCY $ANR PROTECTION 29.047.
EMERGENCY CLEARING OF NAVIGATION CHANNEL& 10-00.o.1
EMERGENCY FLOOD CONTROL FUNDS 29-057,
EMERGENCY FLOOD CONTROL WORK 25.043,
EMERGENCY MANAGEMENT AGENCY IFEHA), VEOFRAL FE-R2.A.
EMERGENCY WATER SUIPPLY 17.09.. 2%-Ill.
-EMPLOYMENT EFFECTS, ADVERSE 0%0VA.(041(CI
ENDANGERED SPECIES 2I. 2 I0.

ENOANGERED SPECIES ACT OF 1973 (PL 91.01051. AS, AMENDED (fL 95:06321, POLICY OF CONORFS 4-5I,
ENDANGERED SPECIES ACT OF 19Y3 (FL 93-OPAI AS AMENIED CPL 95206321,SEC OAVICONOLILTATINIMH. 0.
ENDANGERED SPECIES ACT OF 1973 (PL R3.VA05). INTENT OF IMF CONGRESS 2I-02.C.o7
ENERGY# SECRETARY OF 2P-01.D.
ENGINEER DATA PROCESSING CENTER CEOI, 11,5, ARMv 04-ou.c.IOA)
ENGINEER STUIES CENTER (ESC3, U.S, ARMY 0A-da.C.Eob)
ENGINEER TOPOGRAFPIC LASURATORIES IETL), U.S. ARMY 0404.C.(0No
ENGINEERING AND DESIGN PERFORMANCF ANALASIS 08-06.
ENGINEERING, ICE 23-06.b.
ENGINEERING, VALUF 00-07,
ENGINEERS, USE OF Oa-"0.
ENVIRONMENTAL DESIGN, AESTHETIC TREATMENT AND 00-04.
ENVIRINMENTAL IMPACT SCTAEMENT (6181 03W1.al.10%)(A) O.'-01 .
ENVIRONMENTAL IMPACT SYSTEM, SECTION 304 REVlEW OF 29-000,
ENVIRONMENTAL IMPACTS 09.OW~n.(o1 2%-oBl,
ENVIRONMENTAL POLICY ACT OF 1969 IPL 91.0190), NATIONAL 05-093.
ENVIRONMENTAL POLICY ACT OF 1969 IPL 91.01901, SEDEC.00021)(0C.IMPACT ASSFSS., NATIONAL 05-Vl.C.1031
ENVIRONMENTAL PROTECTION AGENCY (FPA) 00-01.4.01
ENVIRONMENTAL PROTECTION AGENCY, ADMINISTRATOR OP THE 02=-01.
ENVIRONMENTAL DUALITY HEA) 03.01.0, os-Cl,
ENVIRONMENTAL GUALITY (DEG), OFFICE OF op-o).F.
ENVIRONMENTAL QUALITY AND WATER RESOURCES MANAGEMENT 03-o1.B.col
ENVIRONMANTAL QUALITY. OFFICE OF 21-86,
ENVIRONMENTAL REVIEW AND COORDINATION
E0 105S?, MATED If DECEMRER 1954 09-0l,44
ED 10911 AHENDING ED 105IR PRFSCRIRING RULES AND REGULATIONS FOR ADWINISTFNINO PL 80-0566 26-001.
CO 11017 ESTABLISHING THE RECREATION ADVISORY COUNCIL AND PROAVIMIN CODPORTNATIN 20.00?,
EC 11189, USE OF OFF.ROAD VEHICLES ON P11BLIC LANDS 1606.6.(02)
ED 11200 ESTARLISHING USER FEFS P"RSULANT TO THE LAND AND WATER CONSERVAOTIN IliNO ACT 26-00:3
EC 11(126, FEDERAL AND STATE LIAISON AND COOPERATION 26- 000,
EO 113472 ESTABLISMING ENNTRONOENTAI O''AOITV COUNCIL AND CITIZENS 00015009 COMMITTFF n1 - . 20.00;.
ED 11%14, PROTECTTON AND ENHANCEMENT OF ENVIRONMENTAL OQUALIT 2Y-ofl,
ED 1151, JULY I1O0-
ED 11974, AOMINISTRATTON OF PRfPOS ACT PERMIT PROGRAn 26-007,
ED 11992, DELEGATION OF CFRTAIN AUTWHORIT OF THE PRFAIDFNT TO TME GIRFC'OR OF 00W 26-fleA,
ED 11J9I9 PROTECTION AND ENHANCEMENIT OF THE CULTURAL ENVIRONMENT 6-0069.
ED 116430 ENIMRONMENTAL dAFFAAAAROS PERTAINING TO ANIMAL DAMAGE CONTRnl 1N FE'FRAL LA,0S 20.01A,
ED 11641, USE UP OFF.RUAD VFUICLES nN PIIULIC LANOS Io~no.o,(u'p po-ll.
ED 116411 FEDEORL REOTONAL CUIINCILS op-ol. Po-0o2,
EC 11731 AMENDIIN ED 11647 RE LATINGi) TO EDEAL 0FG1nNh0 COIUNCILS o2-01.- I3.
ED 11139 ASSIGNING FUIhCTI0NO 'NOES SVSCT.OI'-FtOEAL -ATER PILLITIAN CUkT;OL ACT nF 197? Ph-Mu,
En It747 7DFLEGATINO PRESIDEN4IAL AtITHMRTTY UNDER THE W4TER REO[IISCLO PLANNING ACT 2A-C1T,

I-4

EP 1165-2-1

28 Sep 79

EO I1t79 DELEGATING DtIASTER RELIER FUNCTIONS UNDER THE DISASTER RELIEF ACT OD IRTu 2b-n16.
EO t11814 ACTIVATION OF THE ENERGY RESOURCES COUNCIL 26-1t7.
EO tlSIt, INFLATION IMPACT STATEMENTS 26bnl.A
EO ^1187, ENVIRONMENTAL SAFEGUARDS PERTAINING TO ANIMAL DAMAGE CONTROL ON FFDERAL LANDS 26.-n1,
EO t1192 RELATING TO FEDERAL REGIONAL COUNCILS o?.01.C , -n.O
EO 1191il ANIMAL DAMAGE CONTROL ON FEDERAL LANDS 26-021
O0 11921 DoJUSTING EMERGENCY PREPAREDNESS ASSIGNMENTS TO CHANGES IN FEOERAL AGENCIES 26-022.
ED 11954, FEDERAL PROPERTY REVIEW 26.n21.
EO Lt915, FLOOOPLAIN MANAGEMENT 03-0tH.P(31 1t-02.R.
?I6-024
CEO 1l5, WMATER RCESURCES COUNCIL PURSUANT TO t2n-2.n.
ED t199, OFF-ROaD VEHICLES IN PUBLIC LANDS 26 n25
EO 119909 PROTECTION OF WETLANDS 19-nT. 6h-C6.
EDO 1991 RELATING TO PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL OUALITY 26-027.
ED 120013 ENERGY CONSERVATION 0.20
EO 1t00oo TERMINATION OF CERTAIN ADVISORY COMMITTEE 2h-n20.
EO1t10S, TERMINATION OF FEnERAL PROPERTY COUNCIL 26- 29,
ED I20St FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANOARDS pInl.J. 7-nnlo.
DO 1I"13, ESTABLISHMENT OF INOEPENDENT REVIEW ROLE 02-01.0. n-no?.F.

EO J2il2, ENVIRONMENTAL eFFECTs ASROAD Or MAJOR FEDERAL ACTIONS 26-032.
EO 12t10r INDEPENDENT wATER PROJECT RERIEw 26-033,
CPA CONSTRUCTION GRANTS PROGRAMS 2-15.
EPA DETERMINATIONS REGARDING wATER OUALITY cONTROL STORAGE 1703.C.
EPAl ENVIRONMENTAL PROTECTION AGENCY 03.-t,,A101)
EC, ENVIRONMENTAL QUALITY 03-01.0. h5-o3.
ROSIN CON TROL AND HURRICANe PROTECTZON. BEACH 13.
CROSION CONTROL DEMONSTRATlON ACT Or IgY4, ShORELINE 13-05.
EROSION CONTROL EVALUATION ACT OF 1974. AMENDEDe STREAMBANK Ia,02.
CROOIDN CONTROL, BEACH in-02.0, 13-01.
EROSION CONTROL, SOIL 1-0.0.N.
IEROSON CONTROL, STREArsANK l .
EROSION CONTROL, TECHNICAL ANO NOSINEERINO ASSISTANCE ON SNORE 13l-6.
EROSION CONTROL, TECHNICAL AND ENGINEERING ASSISTANCE ON STREAMSANK 1u.ns.
EROSION BELATED TO PROJECT CONSTRUCTION AND OPERATION, STREAMBAANK Irn6.
IROlIXONt SHORCLINt 13-n06
CC, U.S. ARMY ENSINEER STUOIESI CENTER Ou-nF.C.(06)
ETLI U.S,AR"Y ECNINEER TOPOGRAPHIC LAORABTORIES Oa-n.0.C.091
EVACUATION IN LIEU OF LEVEES 09-n3.D.
CVACUATION OR RELOCATION, BENEFITS FROM 12-nq0.C.
EVACUATION, FLOOD PLAIN 2S-.10.
EVALUATION * PLANNING TASK 4 05-03.C.(0o)
EVALUATION OF ECONOMIC BENEFITS FOR FLOOD CONTROL 1Sn09.
ECECUTIVE RANCH, STRUCTURE OF 0201n.
EXECUTIVE OFFICE OF THE PRESIDENT 02.1n.
ESECUTIVE ORDERS PERTINENT TO THE wATER RESOURCES PROGRAM OF THE CORPS OF ENGINEERS 26.
ERECUTIVE ROLES IN POLICY DCEVELOPMENT o?-n1.
ERECUTIVEt LEGISLATIVEC AND JUDICIAL ROLES IN POLICY DEVELOPMENT 02.
FAIRRAYS UNOER THE PORT AND TANKER SAFETY ACT, ESTABLISHMENT OF 25-12n.
FARMLAND, pRIME AND UNIDUE 2I.t2.
FARMS, DISPLACEMENT OFr 5Ons..AOna)(0)
FOAA, FEDERAL DISASTER ASSISTANCE ADMINISTRATION 12-10.H.
FEASIBILITY STUDIESE 03-n2c.(Oll
FEASISILITYI PROCEDURE FOR DETERMINING ECONOMIC n5-ns.
FEATURE DESIGN MEMORANDA o6-n.c.
FEDERAL COURTS 02-03.n,
FEDERAL DISASTER ASSISTANCE ADMINISTRATION (FDOAA 12-1r.8.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 22-rH.
FEDERAL ENERGY REGULATORY COMMISSION tFERC) LICENSES 2u-13.
FEDERAL FUNDO FOR NON.FEDERAL PARTICIPATION. USE OF 'o0-ni.e.
FEDERAL HIGHWAY ADMINISTRATION 23-13.
FEDERAL INSURANCE ADMINISTRATION 120.nP pu.1.
FEDERAL INSURANCE AND HAZARO MITIGATION OFFICE 2a-16.
FEDERAL POwER ACT 74-IS 22-1..iUI 1121
FEDERAL POWER COMMISSION (NOW FERC) 24-13.
FEDERAL REGIONAL aGENCIES 04-05,A,
FEDERAL REGIONAL COUNcILS 02-01.C.
FEDERAL REPORTS ACT OF 1942 11-11..
FEDERAL RECPONSISILITY IN WATER RESOURCES 01.
FEDERAL wATER POLLUTION CONTROL ACT OF 1948(PL 80-08451 25-nsn.
FEDERAL MATER POLLUTION CONTROL ACT OF A94sr(L 80-0845AAS AMENDED IN qS56 17-n3.A.
FEDERAL WATER POLLUTION CONTROL ACT Or J94RBPL o-084RS).AS AMENDED IN 1961b 17-n3..
FEDERAL WATER POLLUTION CONTROL ACT OF ITaMAPL 0-0845A),AS AMENDED IN tb69 17-ns.A.
FEDERAL WATER POLLUTION CONTROL ACT or 1t9r(PL O0-s45A1,AS AMENDED IN t970 fPL 91-022u) 17-n3..
FEDERAL WATER POLLUTION CONTROL ACT OF i9I2q PL 92R09001) 05o0-.n 0oli
FEDERAL wATER POLLUTION CONTROL ACT OF i9T?2PL 9205-001lAMENDED Sy SEC.n04n.PL s5.0211 03-n01.,(ni)
FEDERAL wATER POLLUTION CONTROL ACT OF t972tPL 920O00Sn)AMENDED 8Y 197? CLEAN WATER ACT 17-n13.a
FEDERAL wATER POLLUTION CONTROL ACT OF I972tPL 92OSOO)AHMENDEO IN 1977.PFRMIT PROGRAMS o05'b6..
FEDERAL WATER POLLUTION CONTROL ACT Or i9?7IPL 92-0500),AMENDEDOCONSIRUCTION GRANTS 2�-I5s
FEDERAL WATER POLLUTION CONTROL ACT Or 9I2PIL 92-0500),AMENDED.REGULATORY FUNCTIONS 21-nl.
FEDERAL wATER POLLUTION CONTROL ACT OF tT972PL 92-0500S),AENDFD.SEC.00IE((01D) 17.13.8.
FEDERAL wATER POLLUTION CONTROL ACT OF j9s7IPL 92-000S,)AMENDED.SEC.102I(B)(O3) 17-n3,.C.
FEoERAL WaTER POLLUTION CONTROL ACT OF I92CIPL 92-O900),AMENDEOCSECO401(A)(01)0 CERTOFO.OSnb.H(.Rt
FEDERAL WATER POLLUTION CONTROL ACT OF I9?2IPL 92-O0OO).AmENDEDSEC.O040 ANn SFC,n4n5 21-n3.
FEDERAL WATER POLLUTION CONTROL ACT OF j9T2(PL 92-05001)AMENDEOSEFC.0402AW/0 PERMIT 0-6.,.(021?l
FEDERAL wATER POLLUTION CONTROL ACT OF IRT2ZPL R92OSOOI)AMENDEODSEC.O2O7(R)tOIT)GUIDELIESOSn(V.C
FEDERAL WATER POLLUTION CONTROL ACT OF 197YZPL 92r-O0OO),AEND-FOSEC .4OA(R)�(o)0 GulIELTNESOsnb.n
FEDERAL WATER POLLUTION CONTROL ACT OF 19T2tPL 92-O500).AENOFDOSEC.AOUCR)w.CONSIDERATInNsos0 nR..bt1l)
FEDERAL WATER POLLUTION CONTACIL ACT OF t9T2(PL 92-0500OAMENOEDSEC.OOU(R)ICONSI3eRATIONS OSlnbAnn
FEDERAL wATER POLLUTION CONTROL ACT OF I9r2TPL 2Oo05001)EaENDEOSEC.a0O2R1.OSURHEY REPORTSOS-0nh..,(n1
FEDERAL WATER POLLUTION CONTROL ACT OF t192tPL 92-0900),AMENDEO,.ASTEWATER MANAGEMFFIT 2-'1h.
FEoERAL WATCR POWER ACT OF 1920 (PL 6.0*280) 5.-n"0.
FEDERAL WATER PROJECT RrCREATION ACT OF 965,AMENDEnO(PL 9q.0021).IERAGFNCY COrOROINATTOh05-n.F.(nl)
FEDERAL wATER PROJECT RECREATION AcT OF 1965,AMENDED,(PL sR-00T2),LnCAL COOP, ASSURA~NCES no-iC.
FEDERAL WATER PROJECT RECREATION ACT OF 1VSIAENODEt(PL Rs9on0 ?f)*FCREATION aS A PUARPOEL 1hoiT.P.
FEDERAL WATER PROJECT RECREATION ACT OF 1965IAMENDED,(PL 89q007o1,UNIFORM POLICIES 25-.7s,
FEDERAL MATER QUALITY COMPLIANCE 25-I IN
FEDERAL WATER UALITrY CONTROL PROJECTS 2-I lb.
FEOFRAL.AID HIGHwAY ACT 2A-ICs,
FEDERAL-INTFRSTATF COwPACT ou-nb.,A(021
FEoER0ALSTTEF COOPERATIOG 13-nl.1 ,(1h)
FIELD OFFICES OF THE CORPS nF ENGTNFERS On-f.
FILL MATERIAL, wAOER QUALITY REIllTREFNITS RCGARDING DISCHARGE OF 0.-n5.
FIRST COST ns-nPoA. nl, nM.lOeaenI)
VO-on.A,TO1i nO-SIT.F,
FISCAL CAPABILITY 07-nt1F.
FISA aND WILDLIFE IR.
FISH AND WILLIrE COORDITNATTON ACT OF 958 rPL. 05'0620) 05-nl, .s .1olI

I-5

EP 1165-2-1

28 Sep 79

28-061o
FISH AND WILDLIFE ENHANCEMENT 0,
FISn AND WILDLIFE MITIGATION 09-0,A.(01 051,nC 1
FISH AND WILDLIFE RESOURCES. COST $HARTNG FOR ENHANCEMENT OF I-.oM
FISH AND WILDLIFE RESOURCES, ENHANCEMENT OF IN-nS,
FISN AND WILDLIFE RESOURCES, HATIGATION OF DAMAGE TO 18-2.
FISH AND WILDLIFE SERVICE. UNITED STATES 21-..C.(0a1
FISHERIES MANAGEMENT
FISHING CRAFT. COST SHARING FOR CHARTER Il-nI .H. -n9.C.
11c0nl17
FISMNAY CONSTRUCTION 25. n0h.
FLOOD (PnF). PROBABLE MAXIMUN 12-no a. A
FLOOD CONTROL o- Ans.t,
12.
FLOOD CONTROL (MISSISSOPPI RIVER AND TRSBUTARIES) 1002.C.
FLOOD CONTROL ACT OF 193:, AMENDEnD LOC4L FLOOD PROTECTION OPERATION AND HAINTENANCF 1003.
FLOOD CONTROL ACT OF j936t AMENDED, REC4000I.GENERAL COSTOSHARING RULES 011.0.
FLOOD CONTROL ACT OF 9361 AMENDEOD, SEe.o000os.LOCAL COOPERATION FOR LOCAL FLOOD PROTECTION I0.07.R.
FLOOD CONTROL ACT OF j9SB (PL 7n.0761) Uqn-o],. I-02R.(0�1
FLOOD CONTROL ACT OF 19A{e AMENDED, (PLT77-O28), SEC0007T, RENTAL RECEIPTS DISTRIBUTION Io01l.L.
FLOOD CONTROL ACT OF 19944, AMENDED. (FL 79.0534) OS.03.F.1(01) 1-08,8.
FLOOD CONTROL ACT OF j94AI ABENDED, (PL 79.O038), SEC.Oo0? 1l-n0.
FLOOD CONTROL ACT OF 1944, AMENDED. (PL 79.03Sa), )SEC:,00A 16( .A.
FLOOD CONTROL ACT OF j9a44 AMENDED, (1L 79.858), BECOO. 5.HYORDPOCMER COST ALLOCATION 0O-b.,R.
FLOOD CONTROL ACT OF 1944, AMENDED, (eL 79.S03)1, SECe.O0.SA3LE OF POWER 1506T.
FLOOD CONTROL ACT OF a944a AMENDED, (PL 79.051 ECD OOO 17.n2.0.
FLOOD CONTROL ACT OF 19{A, AMENDED, (FL 79.OSSA3, SEC.0007 12-11.
FLOOD CONTROL ACT OF (988, AMENDED, (FL 79.05Sa1)1, SEC.0008 RIT'
FLOGOD CONTROL ACT OF 19a, AMENDED, (FL 79.0T-8A1 SEC.:OOR.IRRIGATION STORAGE 17TJaA
FLOOD CONTROL ACT OF 19486 AMENOED, (FL 79.0e2b1 SEC.OOO.eCMANOES TO RAILROAD RRADGES 2nT.N
FLOOD CONTROL ACT OF 986, 0 AMENOEOD (PL 79.05261, SEC.O01 I1-0iAo
FLOOD CONTROL ACT OF IRA6, AHENDED, (FL 79026) SEC 1,001 1
FLOOD CONTROL ACT OF 10RO, AMENOED, (PL 86.0645) 05n52.E,
FLOOD CONTROL ACT OF j960, AMENDEOD. (PL b6.06bUS)t SEC,0206 12.02..
FLOOD CONTROL ACT OF 1962 (FL 88.00991, AIS MENDEO BY SECTION 0082(021 OF PL 93-0251 (7-08.8.
FLOOD CONTROL ACT OF 1962, AMENDEn, (PLLa. OOR)r EMERGENCY PROTECTION 13?07..
FLOOD CONTROL ACT OF 196 AMENDED. IPL 8.0099)1, SEC,0206.EMERMGENCY ACTIVITIES 12-10.A.
FLOOD CONTROL ACT OF 1961, AMENDED, (PL 89e098)1, CORPS WORK FOR OTHER AGENCIES 0q.10o.
FLOOD CONTROL ACT OF 19t65 AMENDEOD, (FPL A09R8)A BEC,0201.ADDITIONAL PROJECT.COSTS L-N.s.C.
FLOOD CONTROL ACT OF 1963t AMENDED, (FL A9.019A)p SFCD201.PROJECTS.S15 MILLION OR LESS 02-.2.6.
FLOOD CONTROL ACT OF 1966 (PL QOONAI SECTION Ails 07-06.
FLOOD CONTROL ACT OF 1968 (RL 90.04831, SECTION 02(S, CONORESSIONAL CONCURRENCE 07-06.8.
FLOOD CONTROL ACT OF 1970 (rL 91RO611N1 SECTION 020S, DISCRETIONARY COST SMARING 13S02.C.
FLOOD �ONTSOL ACT OF j9TO (PL 91AOlFT SECTION 0N UTRIIONO INVEITIGATIONS O5-T01
FLOOD CONTROL ACT OF 1910 (FL 91-0611)1, SECTION 02219 LOCAL COOPERATION CONTRACT 09.11.A.
FLOOD CONTROL BENEFITS (2-08.8.
FLOOG CONTROL CLEARING AND SNAGGING O5-V3N.
FLOOD CONTROL FUNDS, EMERGENCY 25 0-n7.
FLOOD CONTROL PROJECTS, COST SHARING AND LOCAL COOPERATION FOR [P-07.
FLOOD CONTROL PROJECTS, SMALL 28-051.
FLOOD CONTROL WORE, EMERGENCY 25-057.
FLOOD CONTROL, AUTHORITY FOR 25-036,
FLOOD CONTROL, CONTENTS OF BURVET REPORTS FOR E2-021.
FLOOD CONTROL, EMERGENCY 29-057.
FLOOD CONTROL, EVALUATION OF ECONOMIC RRNEFITS FOR 12-09.
FLOOD CONTROL, LOCAL COOPERATION FOR 29-036. 75.000.
25-0a3,
FLOOD CONTROL, RAILROAD BRIDGE ALTERNATONS FOR 29-no,
FLOOD DISASTER PROTECTION ACT OF 1973 (PL 9-01231) 18-n".A.
FLOOD DISASTERS 29-11 n
FLOOD EMERGENCY OPERATIONS AND DISASTER ASSISTANCE 1-In,.
FLOOD INSURANCE ACT (PL 900448, AMENDED), NATIONAL 2S-OV4.
FLOOD INSURANCE PROGRAM, (PL 90.008, AMHENDEDI, NATIONAL 12-08. b-iR.
2%-079. �9-106.
28-115.
FLOOD INSURANCE STUDIES 2-S18.
FLOOD PLAIN MANAGEMENT 12-n2.
FLOOD PLAIN, REGULATION OF THE 12-n070.
FLOOD PROTECTION, LEVEL OF 12-00.8.
FLOOD PROTECTION, LOCAL 12-017R*,
FLOOD FROTECTION, NON.STRUCTURAL 03-niHV,1051
FLOOD PROTECTION, NDN.ATRUCTURAL NEASURFS FOR 09-102.
FLOOD RELATED PLANNING POLICY 12-03.
FLOOOPLAIN EVACUATION 25-040dn,
FLOODPLAIN INFORMATION STUDIES 09O2.E. 9-0b0.
FLOODPLAIN MANAGEMENT IN FEDERAL PROGRAMS, WATER CONSERVATION AND O3.CIM.Cn1)
FLOM REGULATION SERVICE AT CORPS RESERVOIRS 1-O..
FOREST CONSERVATION 25-.09.
FOREST MANAGEMENT 1*,
FOREST SERVICE LANDS 2-ON.
FORMULATION OF ALTERNATIVES - PLANNING TASK 2 05-3.C.1(021
FRAMEWORK STUODIES (LEVEL A STUDIES] 05-02a..
FREEDOM OF INFORMATION ACT OF 1970 (PL 93-05021. AMENDED 05.1a.a. ?-07.7,
25-107.
FREEDOM OF INFORMATION ACT, PROCESSIING REQUESTS FOR CORPS CIVIL WORNKs PUBLICATIONS UNDER 08-15.D.
FUEL TAX 11-13.A. �%-i. 0
FULL FUNDING 07n.O .
FUNCTIONAL DESION HEMORANDUH 05-02.0.
FUNCTIONAL PLANNING TASK8 05-n1.C.
FUNDING, FULL 07.A3.E.
FUNDS FOR NON.FEDERAL PARTICIPATION, USF OF FEDERAL OQ.0l,.E.
FUNDS, ACCEPTANCE AND RETURN OF CONTMRIITFDI OR ADVANCED 07-T05.
FUNDB. ADVANCED O7-0Ae.(anal
FUNDS. APPROPRIATED 07-0n.
FUNDS, CONTRIBUTED 07-n05.a.TP1
FUNDS, OTHER CONuuTaIRUTEO 07.nS..n )
FUNDS, OTHER NON.FEDERAL 07-05.A1(05)
FUNDS. REQUIRED CONTRIBUTDFO 07-,
FUNDS, TRANSFERS OF 07-n02C.
FUTURE POWER PROVISIONS 25I019. 25-040.
FITURr WATER SUPPLY 09q-.0.na)o
GENERAL DESIGN HEMORANOUH (GOM) PHASE I 05-A2.0. n=n.0.A.
GENERAL DESIGON MEORANOUM (0OH) PHASE II 09-0!,. 0-a.
GENERAL USF OF PURLIC RECREATiONAL AREFA ln-nl0.t,
GOfOWILL 05-ns.A.An'l
GOVERNOR, PROJECT OPPnSITTON Ry A STATE 0DIO2.C. :5-n.F.
GRANTS, EPA CONSTRUCTOIC 2u-Is.
GROUNO 'ATER SUPPLIES I1-n2.1

T-6

EP 1165-2-1

28 Sep 79

HARBOR LINES 21-U?., .Ul,
HARBOR Or REFUGE 11-n?.
HARBORS AND CHANNELS, DEEP-DRAFT Il-ni ..021
HARBORS AND CHANNELS, SMALL BOAT Ij-1].8.0(31
HARBORSo EVALUATION ID SMALLBOIAT Iln.
HEARINGS, CONORCBSIONAL OUn4.DA.
HEARINGS, CONGRESSIONAL O?11' 1.
HWC, CORPS OF ENGINEERS HYDROOLOOG ENGINEERING CENTER oU-oa.C.(17)
HERBICIDE CONTROLS 2-4-2.
HERITAGEC CONSERVATION AND RECREATION SERVICE Os- 03F.
HIGHWAY ADMONISTRATION, FEDERAL 2- 13.
HIGHWAY BETTERMfNTS OR IMPROOED HOUSING STANDARDSO BENEFITS OF OSnHA.,0ol)w()
HIRED LABOR IN CORPS CIVIL WORKS CONITRIlCTIONt USE OF GOVERNMENT PLANT AND 09.nb.C.
HISTORIC PLACES, NATIONAL REGClTER OF 1-oO2.C.(d51
HIsTORIC PRESERVATION ACT OF 196b (O S7AT., 091o , 15 USC A4701) NATIONAL 05-03.F.(1O) ?l-02.C.rnf)
HISTORIC PRESERVATION. AIVISORY COUNCIL ON 21-2?.C.(051
HISTORIC VALUES O9-o,.A.(04)
HISTORICAL AND ARCMEOLOGICAL DATA ACT OPr 194l PRESERVATION OF 21.O2.C.(051
HISTORICAL ANO ARCHEOLOGICAL DATA, PRESCRVATION OF 2s-nr;. PS-104.
HOLD AND SAVE PROVISIONS, LOCAL COOPERAIION FOR 25-102.
HOUSE PUBLIC WORKS AND TRANSPORTATION EOMMITTEE (MPWTC) os-no. On-o3,
MOUZING AND COMMUNITY DEVELOPMENT ACT OFr 174 (PL 93-0335) 24 nb.
HOUSING AND URBAN DEVELOPMENT, SECRETARY 02onl-D,
HOUSING OF PROJECT PERSONNEL 094-0.
HPrHT� HOUIE PUBLIC woRKS AND TRANSPORTATION COMMITTEE Oh-n3.
HUD COMMUNITY BLOCK GRANT PROGRAM 09-01.E.
HURRICANE PROTECTION 25-nbd,
HURRICANE PROTECTION cOST SHARING 25n-07.
HURRICANE PROTILCtON, BEACH EROIION CONTROL AND I2.
HURRICANE PROTECTION, TIDAL AND LAKE FLBOD 13-n2.
HYDROELECTRIC POWER 15.
HYDROELECTRIC POWER PLANTS, CONTROL OF RELEASES FROM 15.ns.
HYDROELECTRIC POWER STUDY 25-112.
HYDROELECTRIC POWER ITUDY, NATIONAL I5-iO.
HyDROELECTRIC POWER, AUTHORITY ANO'CORPR RESPONSIBILITIES FOR 15-01.
HYDROELECTRIC POWER, COIT SHARING FOR IS.-3
HYDROELECTRIC POWER* EVALUATION OF 15-02.
HYDROELECTRIC POWER, PROVISION rOR FUTURE 1N-lo.
HYDROIDELECTRIC POWER, PUMPED STORAGE IN-O6.
HYDROELECITRIC POWER, SALE 0OF 15-05.
HYDROLOGIC ENGINEERING CENTER CHEC), CoRPS OF ENGINEERS U04-04C.(n7)
ECE ENGINEERING 23-ob.E.
IDENTOPCIATION AND AOYINISTRATION OF CULTURAL REBOURCES 0O-da.
IMPACT ASSESSlENT - PLANNING TASK I3 0-3.C.C(n3)
IWPACT ASSESSMENT, NATIONAL ENVIRONMENCAL POLICY ACT OF 196R, SBCTION 0102t(0?)tC) Or-s3.C.(n31
IMPACT ASSESSMENT. RIVER ANO HARBOR ANb FLOOD CONTROL ACT OF 1970 (PL 9V1ON1I[)SECT.01A2 05-03.C.(03)
IMPACTS. ECONOMIC ' 9-'8.A.lO.)
IMPACTI, ENVIRONMENTAL 05.n.A .(041
IMPACTS, SOCIAL 05-nS8.A.(u4
IMPLEMENTATION STUDIES (LEVEL C STUDIES1 05-02.C.
IMPROVyD HOUSINg STANDARDS, BENEFITs O MIOMWAY BETTERMENTS OR 05UoSnA(n1l0DJ
INACTIVE PROJECTS O?-nO.A.(n0)
INDEPENDENT OFFICES ApPROPRIATION ACT Or 1952 (31 U.S.C. ASIA) 17-2.0o.
INDIAN LANES U5-ON.
INDIAN TRIBAL LANDS 050N.
INDUSTRIAL FACILITIEB. OEVELOPMENT OF PUBLIC PORT OR 2.nAb4.
INFORMATION EXCHANGE, INTERNAL AND EXTERNAL COORDINATION AND 23-10.
INFORMATION ON CIVIL WORKS INVEBTIGATIONS AND REPORTS, RELEASE oF OS-lu.
INFORMATION SERVICE, NATIONAL TECHNICAL 23-In.
INFORMATION SERvICE, WATER RISOURCES SCIENTIFIC 23-10.
INFORMATION, COLLECTION AND RELEASE OF wATERBORNE COMMERCE I1-11.
INFORMATION. COLLECTION AND USE OF PRIVILEGED 05- a.u.
INFORMATION. NON.RELEASABLE 09-1t.0.
INFORMATION, RELEASABLE ON-I a.C
INLAND WATERMAYS ..nl -IA
INLAND WATERWAYS AND OEEP-DRAFT HARROR,. BENEFIT EVALUATION FOR 11-03.
INLAND WATERWAY$ REVENUE ACT OF 197S (PL 95.05021) SECTION DO02 1-13.A.
INLAND WATERWAYS REVENUE ACT OF 19TS (PL 9S-0502), SECTION 0205 11-13C.
INLAND WATERWAYS, SYSTEMS ANALYSIS OF 1n-.0E.
INSPECTION OF NON.FEOCRAL DAMS, NATIONAL PROGRAM OF 22.
INSTITUTE FOR WATER REBOURCE (IWR), Ui S. ARMy CORPS OF ENGINEERS O-nil.C.(10)
INSTITUTIONAL CONSIDERATIONS IN THE PLANNING PROCESS o9-03.E.
INSTITUTIO NS 09-03.
INSURANCE ADMINISTRATtONi FEDERAL L2-08. 2 1
INSURANCE AND HAZARD MITIGATION OFFICE, FEDERAL 2a-18.
INSURANCE, FLOODO 2-08.
INTERAGENCY AGREEMENTS O-IG. .1.
INTERAGENCY WATFR RESOURCES RESFARCH CONFERENCE, BIFNNIAL 20-13.
INTEREST O-nV.A.(On)
INTEREST RATE 09-R.C.,C(n0)
INTEREST, DETERMINATION OF SPECIAL RENEFICIARY It-ln.
INTERGOVERNMENTAL COOPERATION ACT 25-no1.
INTERGOVERNMENTAL COOPERATION ACT OF InNS (PL O�OST17) 0-.1,
INTERIM STUOIES 05-02.C.(0I )
INTERIOR, SECRETARY OF THE 02-0t.0.
INTERNATIONAL BOUNDARY AND WATER COMMISSION (IBWC) O2.nI.F.(n21
INTERNATIONAL JnlNT COMMISSION (IJCI 07-n .F, nl)
INTERNATIONAL RELATIONS 02-01.F
INTERSTATE COMPACT COMMOSSIONS O?-l .O.
INTERSTATE COMPACTS 02-n3.H. n-oS.A.rOt)
INTERSTATE COOPERATION O2-n3..8
INTERSTATE LAND SALES FULL DISCLOSURE AcT [15 USC 1010 FT SEG.] 21-02.0. 0C
INTRACOASTAL WATERWAYS I 113.A.
INVESTIGATIONS (IARmYAGRICULTURE)I JOINT 29-n08.
INVESTIGATIONS AND REPORTS, RELEASE OF ONFORMATION ON CIVIL wOR(S O9-Iu
INVESTIGATIONS FOR BUREAU OF RECLAMATION 25-0o4t
INVESTIGATIONS UNDER CONTINULING AUTHORITIES n9-n. c0(n31
INVFSTIGATIONDS ARMY.AGRICULTURF JOINT 2A-'b,.
INVESTIGATIONS, AUITHORIZATIONS OF O0-rl,
INVESTIGATIONS, PLANNING 0O. q,
INVESTIGATIONS, RESEARCH AND SIMILAR PLANNING 09-O2.G,
INVESTIGATIONS, SPECIAL 05-n.C2 Cn0a
INVESTIGATIONS, TYPES OF CIVIL WORKS 0-n2.
INVESTMFNT PROGRAMI NEW START 07-no.
IRRIGATION 17-nb. r-o14a.
IRRIGATION, RETURN FLODS FROH 17-n?.A.
ITFRATION OF THE PLANNING lASKS O -n C , (n15
zIRi US. ArmY CORPS nF ENGINEERS INSTITUTE FOR wATER RFnnuRCES Dou-u.C.( 10
JOINT NYvEsTIcATIONs (rArHYAGRICULTIIRF) 25-nb,8

I-7

EP 1165-2-1

28 Sep 79

JUDICIAL BRANCH OF THE FEDERAL GOVERNMENT
JUDICIAL ROLES N POLTCY OEVELOPHfNt 2-01
JURISDICTION Z5-03S.
JUSTICE, DEPARTMENT OF 02-nI.0.
LABOR REIOURCES, UNEMPLOYED OR UNDEREMPLOYED oeoR.(001
LAKEC. MAJOR CORPS 12-ot7..
LAKES, RIVERS AND I -n0eNla 6
LAKESHORE MANAGEMENT POLICY I - I ,O
LAND ACOUISITION COMPENSATION 25A-NU. 15-OVO.
LAND AND WATER CONSERVATION FUND 20-Vs.
LAND AND WATER CDNSERVATION FUND ACT OF tsIS (PL 8ee.057s 25.07?,
LANO AND wATER CONSERVATION FUND ACT OF IN9S (PL 8SOSTS), AS SUPPLEMENTEY (PL 92-0341) Lb-n5.t.
LAND AND WATER CONSERVATION FUND ACTl14e5(PL e8-O57T8) AS AMENDED (PL 93S-001/PL 9ss0o03) b-0ns.E.
LAND ENHANLEMENT PROM PLACEMENT OF DREDGED MATERIAL EIl-n.A.
LAND EXCHANGE 25.03q,
LAND SALES FULL DISCLOSURE ACT, INTERSTATE 21.02.C.(A6I
LAND, EASEMENTS ON FEDERAL 25-0n0.
LANDS FOR RECREATION DEVELOPNENT AT REGFRVOIRS, ACQUISITION OF Ie-nS.C.(021
LANDS, ACQUISITION OF q.02. P.
LANDS, COST ESTIMATE OF ACQUISITION OF 05-1B.A.(n21
LANDS, ENTITLEnENT 25-"1 ,
LANDS,. FOREST SERVICE 24.n9.
LANDS, INDIAN S0-nb.
LANDS, INDIAN TRIBAL 05OrN,
LAw ENFORCEMENT 25-11?.
LEASES, RECREATION 25-O47, ?s.OA7.
LEASING PERIODS 25-AT7.
LEASING REVENUES, SHARING 25-n4s.
LEcISLATION PERTINENT TO THE WATER RESOURCES PROGRAM OF TuE CORPS OF ENGINEERS 25.
LEGISLATIVE BRANCH OF FEODERAL GOVERNMENT 02-02.
LEGISLATIVE LANDMARKS 02-02.0.
LEGISLATIVE PHASE I STUDIES 05-o2.c.(o2i
LEGISLATIVE ROLES IN POLICY DEVELOPMENT 02. 0?-01,
LEVEL A STUDIES (FRAMEWORK STUDIES AND ASSESSMENTS) 05-n2.A.
LEVEL S STUDIES (REGIONAL OR RIVER BASIN STUDTES) Or-o2,,.
LEVEL C STUDIES (IMPLEMENTATION STUDIES) 05-02.,.
LIFE, ASSUMED USEFUL ECONOMIC 05-n08.A.(03
LIFEr ECONOMIC o5-n8.A.o31
LIFE, ESTIMATED USEFUL ECONOMIC o05-n,A.(t31
LIFE, PROJECT o05-n8..(03)
LIFEC USEFUL ECONOMIC o5-n:.A.(n3
LOCAL CAINSH CONTRIUTIONS IN ANNUAL PAYMrNTS 25-1 0.
LOCAL COOPERATION 25-n06.
LOCAL COOPERATION AND COST SHARING 12-01.
LOCAL COOPERATION CONTRACT n5-127,. nm-ol.C.
LOCAL COOPERATION FOR FLOOD CONTROL t1?-7. ?y-OS.'
25-0n0, PS-043.
LOCAL COOPERATION FOR HOLD AND SAVE PROVISIONS 25-102.
LOCAL COOPERATION FOR HURRICANE. TIDAL AND LAKE FLOOD PROTECTION 13-.a.
LOCAL COOPERATION FOR RECREATIONAL NAVIGATION PROJECTS 25-087. P-IO2?
LOCAL COOPERATION PROJECTS, REAL ESTATE REGUIREMENTS FOR Oq-ma.
LOCAL COOPERATION, ASSURANCES OF o09-1.
LOCAL COOPERATION, CONDITIONS OFr 0-12.
LOCAL COOPERATION, GENERAL REQOUREMENTS OF o5-12.A.
LOCAL COOPERATION. OTHER NON-FEDERAL PARTICIPATION REQUIRFMENTS IN Ol-.lpR.
LOCAL COOPERATION RECOHMMENDATIONS REGARDING FEDERAL PARTICIPATEON TN 05-13.
LOCAL COOPERATION, WRITTEN AGREEMHFNT 2s-t;7. S-gO*90
LOCAL FLOOD PROTECTION 12-07R $
LOCAL INTERESTS. COORDINATION WITH FEDERAL, STATE, AND I05-03. OS-OS.F,
LOCAL PROTECTION PROJECTS, OPERATION AND MAINTENANCE OF n.03n.
LOCK AND DAM REPLACEMENTS tl-n7, 2"nq4,
LON LEVEL DISCHAR1E FACILITIES 08-0o.
MAINTENANCE DREDGOING PROVISIONS OF THF CLEAN WATER ACT OF (q77 fPL q5-0211) Io-05.
MAINTENANCE OF LOCAL PROTECTION PROJECTS, OPERATION AND 10-03.
MAINTENANCE, RESPONSIMILITY FOR 10-02.
MAJOR DRAINAGE 25-SOu,
MANAGEMENT OBJECTIVES il.,A,
MANAGEMENT OBJECTIVES. RECREATION RFSOURCES 16-02.
MANAGEMENT OF RIVER BASIN OPERATIONS, INSTITUTIONS FOR O.-n0.
MANAGEMENT OF THE CIVIL WORMS PROGRAM 04.
MANAGEMENT. FLOOD PLAIN 12-02.
MANAGEMENT, FOREST '0-01.H.
MANAGEMENT, NATIONAL OBJECTIVFS AND POLICIES IN WATER RESOURCES 03.
MANAGEMENT, wATER SUPPLY AND oUALITY 17.
MANAGEMENT, WILDLIFE AND FISMFRIES 10-nl.l.
MARINE FISHERIES SERVICE, NATIONAL 21[-0.C.(nA)
MARINE MAMHAL PROTECTION ACT OF 1472 (16 USC 1361 ET SEO.) 21.-2.c.(09)
MARINE PROTECTION. RESEARCH AND SANCTUARIES ACT OF t972 (PL 92.0532) n-005. li-Oh.0.
21-01 . 2 -P.A.(06)
21-02.C.(03) P013�,.,o03)
MARKET VALUES os-fnA.,o100l
HATERIALS, ACCEPTANCE OF DONATIONS OF 0t.1,.
MEXICO 0P-Ol.F. (2)
MINORITY BUSINESSES. CONTRACTING WITH SMALL AND 09-06.0.
MISsISSIPPI RIVER AND TRIBUTARIES, FLOOD CONTROL 10n-2.c.
MISSISSIPPI RIVFR COMMISSION 02-02.A. fo-03,0.
25-oaN. pS-02.
MISSISSIPPI RIVER COMMISSION, PRESTOENT OF 06-02.A.
MITIGATION OF SHORE DAMAGES 25s-8,.
MITIGATION, FISH AND WILDLIFE oS-0V.r.(t2)
MODIFICATION OF COMPLFTED PROJECTS 170n2c,.
MODIFICATIONS BEYOND DELEGATED AUTHORITY O-0n2.B.
nRC, MISSISSIPPI RIVER CO"MISSION 0-.3,.n.
HULTI.ORJECTIVE PLANNING PROCESS S0-O,.
NATIONAL OAM INSPFCTION'ACT OF 1912 (PL 92OS36Tb 22-0l,
NATIONAL ECONOMIC DEVFLOPMENT (NEnl O0-AI.Ho. 05-03.
NATIONAL ENVIRUNMFNTAI POLICY ACT OF 19h9 (PL 91-01o0) 2s-n8A,
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (PL 91.,0IOIq ESTHETIC TREATMENT.FNVlRON.nESIGh ORP-N.
NATIONAL ENVIRONMENTAL POLICY ACT OF IqA9 [PL 91.01Q0)eCODRDINATiON AMOaG INTlEESTS/RTGHlSOS-n3.F.(nl
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (PL 101I90N.POLICY INTIEPRETATION o-.n3,c.
NATIONAL ENVIRONMENTAL POLICY ACT OF 19h9 (PL qL.OIqO).SECOIO2 0-01t.A.(n01
NATIONAL ENVIRONMENTAL POLICY ACT OF tqhQ fPL 91.0]O9)eSCe.OL2OO2I)(ICIIPACT ASSESIFTFT 05-n3.r.(n1 l
NATIONAL ENVIRONMENTAL POLICY ACT oF Iq9A (PL 9L.OIqoIeSEreln2Io2)0C)-REvIE~/COYROIhTTIN2U0In2
NATIONAL FLOOD INSURANCE ACT (PL q90.04A, AMENDEOD 25-n81.
NATIONAL FLOOD INSURANCE PROGRNAH 2-no. MzIa.
25-.705, ?S ,

NATIONAL FOREST SYSTEMu ?4.q.
NATIONAL GUALS INh ATER RESOURCES ANAGMGFENT 01-01�e.

T-8

EP 1165-2-1

28 Sep 79

NATIONAL HISTORIC PRESERVATION ACT OF 1066
NATIONAL HYDROELECTRIC POWER STUDY 1il 0.
NATIONAL MARINE FISHERIES SERVICE 7I-n2.reCral
NATIONAL OBJECTIVES AND POLICIES IN wATER RESOURCES MANArtMFNT 01,
NATIONAL OBJECTIVES, DEFINCNG O.nl.
NATIONAL POLLUTANT DISCHARCF ELIMINATION SYSTEM (NPDES) 05OnO.Ch(nll
NATIONAL PROGRAM OF INSPECTION OF NnN-FFDERAL OARS ?,
NATIONAL TECHNICAL INFOR"ATION SERVICF 2AR-I.
NATIONAL TRAILS SYSTEM 16-06.H.(nT 7r-n,

NATIONAL WEATHER SERVICE, NOAA l-n.a.
NATIONAL WILD AND SCENIC RIVERS SYSTEM P1n:.
NAVISABLE wATERS OF THE UNITED STATES 11-n0.
NAVIAEBLE wATERS OF U-S., DETERMINATION OF I 2.C,
NAVIGABLE WATERS OF US,, GEOGRAPHIC ANO JURISDICTIONAL LIMYITS nF MP-n2,
NAVIGABLE WATERS OF 0U. C. OCEAN AND TIDAL WATERS OF II.12.V.(A?)
NAVIGABLE WATERS. OF U;S,. RIVERS AND LlITS Or tI.nM.P.(1O)
NAVIGABLE WATERS OF U.., UPPER LIMIT OF NAVIGABILITY OR 1IOAV(.S]
NAVIGABLE wATERS OF UNITED STATES 11-n02
NAVIGABLE WATERS, USE OF 211-.
NAVIGATION O N 1n;o-0?,.A.

NAVIGATION BENEFITS 2A-07A.
NAVIGATION CHANNEL DIMENSIONS MAINTAINEDr -uta,.
NAVIGATION CHANNELS, RENDS IN 250en2.
NAVIGATION CHANNELS. EMERGENCY CLEARING OF InY-n.a,InAl
NAVIGATION PROJECT INDUCED SWORE AMAHGE, CORRECTION OF FEDERAL lInns.
NAVIGATION PROJFCTS, ABANODONMENT OF l-n0,
NAVIGATION PROJECTS, CONDITION SURVEYS Fnr Il-b.
NAVIGATION PROJECTS, LOCAL COOPERATION FOR RECREATIONAL 25s-08, 5-o10.
NAVIGATION PROJECTS, PUBLIC TERMINAL AT 25-.02.
NAVIGATION PROJECTS. REGIONAL BENEFITS ACCRUING TO lTlO.0, 5-112,
NAVIGATION PROJFCTS. SHALL 25.0h6
NAVIGATION, AIOS TO 1112.
NAVIGATION, COMMERCIAL IO-O2.A.10n) I 1-9.A,
NAVIGATION, COST SHNARING FOR ti-OR.
NAVIGATION, RECREATIONAL II -n o,.
NAVIGATION, SHALL BOAT 0-no20,A, (O
NECD NATIONAL ECONOMIC DEVELOPMENT 03-01.h. n0-ol,
NEEDS AND PRIORITIES OT-03.8.
NEW CONSTRUCTION START PROGRAM, FIVEYREAR OT-03.C.
NEW CONSTRUCTION STARTS, BUOGET YEAR 07-S0,O,
NE START INVESTMENT PROGRAM 07-0n3.
NEWS, NORTHEASTERN UNITED STATES wATER SUPPLY 17-nu,
NDAAt NATIONAL WEATHER SERVICE 1A-nA,*,
NON-FESERAL PARTICIPATION, USE OF FEDERAL FUNDS FOR Do-nlf,
NON.FEDERAL SHORES 1.-01.C,1011
NON.RESERVOIR RECREATION PROJECTS 2s5-b9.
NON-STRUCTURAL ALTERNATIVES 03-01.V.
NONeSTRUCTURAL MEASURFE FOR FLOOD pROTECTION 12-On., 75-0n.
NONSTRUCTURAL FLOOD PROTECTION 01.V.tn
NORTHEASTERN UNITEO STATES WATER SUPPL; (NEWS8) Bl.nIn
NORTHEASTERN UNITED STATES WATER STUDY 25-n7f1
NOTICE OF INTENT, ENVIRONMENTAL IMPACT STATEMENT O-nVl.A.1OS)(V)
OBJECTIVES AND POLICIES IN WATER RESOURCES MANAGEMENT, NATIONAL 03.
OBJECTIVES, CONGRESSIONAL 013nlIA,
OBJECTIVES, OEFtNIG NATIONAL O-n1.L
OBJECTIVES, MANAGEMENT In-niA
OBSTRUCTIONS, REHOVAL OF WRECHS AiO OTHER P1n-tI, P%5-01,
OCE, OFFICE OF THE CHIEF OF ENGINEERS O0-n2A..
OCEAN AND TIDOAL WATERS I-O2. H (IJl
OCEAN DISPOSAL, RESTRICTION oN Il-heH.
OCEAN DUMPING IA-N, -t,
OFFICE MANAGEMENT AND BUDGET (OHHI Ob-n G0.
OFFICE OF ENVIRONMENTAL OUALITY (iOED) 00-i.E,
OFFICE OF MANAGEMENT AND BUDGET (ORMM) 0I-nlj. l-otR
OFFICE OF MANAGEMENT AND BUDGET CIRCULARS A,.
OFFICE OF THE CHIEF OF ENGINEERS tOCEI 0ilA.A.
OnR CIRCULAR NO, A.10 OU.nl ,E
OMB PASSBACK 07-n,.
DMON NOTIFICATION OF O0-01.a,
MHB, OFFICE OF MANAGEMENT ANO BUDGET o.ot i.. O.-n�G. ,

OPERATION AND MAINTENANCE OG-SR.A,.101
OPERATION AND MAINTENANCE OF LOCAL PRnTFCTION PROJECTS 10-n3.
OPERATIONS, MAINTENANCE, ANn PROJFCT MUAAGFMENT In,
OPTIHITATION, PROJECT O0-neMo.
ORGANIZATIONAL STRUCTURE 0-.n.
OUTER CONTINENTAL SHELF LANnS ACT OF 153 (b67 STAT.A6b,3aIJSCI333) 21-ne2.6.(A21 r-O-A
OVERPROGRAMMING OF ACTIVITIES O7-n2.o.
OWNERSHIP OF LANDS CRFATEn FOR PORT FACTLITIES 11-1i.
PARK AND CONSERVATION AREAS I$-01 .Ln?)
PASSBACK, OMaB 3-nlC.,
PEOPLE. DISPLACFHFNT OF OS-n.. 1[ a)(0D
PERFORHANCE ANALYSISi ENGINEERING AND ANALYSIS 0-R.b.
PERIODIC BEACHENOUIRISHMENT 13.01.0, s-OSH,

PERIODIC SHORE.NOIIRISHMENT I I:ni1,
PERMIT AUTHORIZATIONS Pi-nZ.%.
PERMIT PROGRAM, RFFUSE ACT 21-o$,
PERMITS FOR BRIDGES DAMS, AND DTKFS 2S-nl0.
PERMITS FOR DREOGFO OR FILL MATERIAL PS-nqs.
PERMITS, DEEPWATER PORT 2S-InN,
PERMITS, OEPARTMENT OF ARMy 21-2,.
PERMITS, GENERAL 21i-P2,F
PERMITS, NATIONAL 21-n? F.
PEsTICIDE cONTROL ACT 2%-nfN.
PESTICIDE CONTRnLS 29-12
PEsTICIOES, RESTRICTEn 2u-1Z.n.
PHASE I GENERAL nESIGN MEMORAN1UU Oh-nA, .-o0u,,
PHASE I ADVANCE ENGTNFEING AlND DESIGN STUOVY ON-NaA
PHASE I REPORT Oh-n4,,
PHASE I STIJOIES no^n.r�
PHRSE II AoVANLF ENGINEEHING ANn DESIGN Oh-iOV[.
PHASE II GENENAL i FSIGN YEH0MANnUM Oh-nl
PHASE II RFPOR1 oh-na.4.
PIPE LINE AREAS. SURMAWINF ANn PI-no.,
PL T1-052n (53 I'SC na0b) li-ni ..
PL 77T022R. FLOLOD CONITROL ACT OF IRel, AMHENnED. SECT.n007. RENTAL HFCFIPTS nOSTRTIRIl],: In-0.0l

1-9

EP 1165-2-1

28 Sep 79

FL 7*052, FL OD OTOL AC I OF 9906, AMENDED, SECT ION OOICAGOTO R&ILROAO BRIDGES 9.7V
IL7.56 FLOOa CONTROL ACT0O 96 MENDED, SECTIO 001 7
FL 7901,FODCNT RDLACT O ,oe MINDED, SEelION 010 an3A
FL 79.4514, FLOOD CaNTROL ACT oF 1900; ,AMr.NDED0-3.F*01
PL 79.05114, FLOOID CONT ROL ACT OF19900, AMENDED, SECTION Cool, STATE.CREATEO RIGHTS I-oo
FL 7". 09349 FLOOD1 CONTROL ACTOF. 1940, ARENDLO, SECTION Coop 12-36.
FL 79.54 FLOOD CONTROL ACT OF 19014, AMENDED, SECTION 000 O C A 3.0
FLi7.054 FLOOD CON'TROL ACT OF1IRON, AMEND ED,3SECION 0005, HYDROPOWER COST ALLOCATION OS-10.B.
FL 79.@S3A, FLOOD CONTROL ACT OF 9904. AMENDED, SECTION 0005, SALE OF POWER 15-35.
FL. 79.0534, FLOOD CONTROL ACT OF 19441, AMENDED, SECTION 0006 17-62.3.
FL 79.0514, FLOOD CONTROL ACT OF 1Q00a, AMENDED, SECTION 0007 12-tt.
FL 79.05134, FLOOD CONTROL ACT OF 1944. AMENDED# SECTION 0008 17-nb.
FL. 79.0534, FLOOD CONTROL ACT OF i994, AMENDED, SECTION 0004, IRRIGATION STORWGF 17-36.a. t
FL 80.0845, FEDERAL WATER POLLUTION CONTROL ACT OF 19048 25. "O.
PL 40.0845, FEDERAL MATER POLLUTION CONTROL ACT OF 1945, AS AMENDED IN 1Q56 17-0o.A.
FL 80.0844, FEDERAL WATER POLLUTION CONTROL ACT OF 1948; AS AMENDED IN 1961 17-n.V.A
FL 80.0845, FEDERAL WATER POLLUTION CONTROL ACT OF 1944, AS AMENDED IN 9965 17-03.A.
FL 80.0845, FEDERAL WATER POLLUTION CONTROL ACT QF"(00;8 AS AMENDED IN 1970 (FL NIOO2?AI 17-03.A.
FL. 85.0450, SALES OF CORPS CIVIL WORMS PUJ8LICATIONS AND REPORTS UN-IN.
FL 853.0500, WATER SUPPLY ACT (If 1958, AMENDED. TITLE III, MUNICIFAL.INOUSTRIAL STORAGE 17-R0.0,
FL 85.0500, HATER SUPPLY ACT Of 1O5B, CONSTRUCTION CONTRACT APPROVAL 0q-AI.C.
PL 85.4540, WATER SUPPLY ACT OF 0958,# FEDERAL ANDCNON.FEDERAjL PROGRAM COORDINATION DN-0l.F.(ntl
FL 85.0500, WATER SUPPLY ACT OF 155,RRIATION COST SHARING 1-64
FL 85.0100, WATER SUPPLY ACT OF 1958, SECTION 0001, NEWS STUDY 17-0.4.H
FL 85.0500, WATER SUPPLY ACT OF 1958, SECTION 0101, MIJNICIPAL AND INDUSTRIAL STORAGF 25-040.
FL 85.0500, WATER SUPPLY ACT OF 1955, WATER WITHDRAWAL 17-02.D.
PL15. S0684, FISH AND WILDLIFE COOROINAiTTON ACT OF 1958 90011.-01,

FL 86-0645v FLOOD CONTROL ACT Of 1960, AMENDED 1 21E.00C(
PL 86:S64;9, FLO0OD CONTROL ACT OF 1960,11 AMENDED,1 SEICTIONC 0206 120-A.A
FL a7.084, FLOOD CONTROL ACT OFIA 992 A9COD EMERGENCY PROTECTION 13 07N.R
PL 87.0O49, FLOOD CONTROL ACT OF 1961, AMENDED, LOCAL FLDOD.PRDTECIOIN WORK 10.02.Y.1001
FL a7.0874, FLOOD CONTROL ACT OF 1909, AMENDED' SECTION 0106,, EMERIGENCY,,ACTIVITIES 12.iO.A.~
PL 87 as874, FLOOD coNTROL. ACT OF 1961, Al AMENDE DBy SECTIONt042o2aOPL 93.0291 17.oq.A.
FL 81.4S74, RIVER AN" HORO ACT OF 1960t AMENDED, REACH EROSO CONRO a30
PL a7084, RIVER ANDM HORRO ACT OF 1sANDrRE.O0,PORK AND CONSERVATION AREAS 13-n9.C.IVPI
FL 89. 400, AMENDED, ASILMTON OF, FISH AND WILDLIFE COS IFOR DistRATION AND MAINTENANCE 00.04.
PL8.0*, FEDERAL WA TER PROJECT RICRE, ATION ACT Of1965, AmEINDED OS-03.F.t01I mN-o'.C.
FL I9042 FEDERAL MIATER PRJCT RECREATION ACT OF165, AMENDED, UNIFORM POL ICIES 2 5.073.
FL 89.0072, FEDERAL RATER PRJECT RCREATION ACT OF 0965, MHNE DRECREATION AS A PURPOSE l6.01.N.
1L 819.0078, 11NON.PEDERALCOT PAR:TICIPATIOON IN CERTAIN JODINT FEOERAL.,NON.FEOEOAL PROJECTS 16-65.
FL 89071 ECTION OAE I, coS I sHARING AND REIMBURSEME NT PROVISIO Ns 16-00.0.
PL 59-0o7S, SECTION 0606IE, COST-SHARING EXEMPTION$ FOR RECREATION lNOA5.A.
FL 89.0080, INCREASE ID 219 MILLION FOR STATE AID IN CONSERVATION O-1Vb6
PL 89.0080, WATER RESOURCES PLANNING ACT OF 1965O-V O
PL 89.0298, FLOOD CONTROL ACT OF' 1969, AMENDED, SEC.0201, ADDITIONAL PROJECT.COSTS 19-09.1:.
FL 89-.029S, FLOOD CONTROL ACT OF 1096. AMENDED, SEC.0201, PROJECTS-515 MILLION OR LESS 020.2.N.
FL 89.0248, FLOOD CONTROL ACT OF 1965, AMENDED, SEC.0219, CORPS WORK FOR OTHER AGENCIES 09.10.
PL 59.029B. RIVER AND HARBOR ACT OF 1969, AHENEDD: SEC.YtO1, CONVEYANCE SYSTEMS 1-AM
FL 8902~~~RB RIE NDHRO ACT OF 1965 MEDDSC.21 PROJECTS.595 MILLION OR LESS OA3V
PL 89.4398, RIVER AND MARSO ACT OFaS9A~,AENDED, EC.03o2 2A.0i.
PL 90.04NR, NATIONAL FLOOD INSURANCE ACl, AMENDED 1-V
FL 90.0A53, FLOOD CONTRO3L ACT OF jobs. SECTION 0215, CONGRESSIONAL CONCURRENCE 0 OON. 87064
PL 90.0483, RIVER AND HARBOR ACT or 196H, SECTION 0111, NAVIGATION INDUCEr SHROE DANADE 05'Al. Ir,-UV
FL 9o-o463, RIVER AND H4ARBOR ACT OF 1968, SECTION 0117, CORPS WORN FOR OTHER AGENCIES 0N-Id. @
FL 90.0577I, DNTERSOVERNMENTAL COOPERATION ACT OF 1968 ON-Id.
PL 01.0190, NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 INEPA) 01.I9I05-03.F.(O11

FL 91.0190, NATIONAL ENVIRONMENTAL POLICY ACT OF 19?69 INEPAI, POLOCY INTERPRETATION O2.oo.c.
FL 91-0190, NATIONAL ENVIRONMENTAL POLICY ACT OF 1969, SEC.OLO20002flCIIMPACT ASSESSMENT 0NT03.C.1051
PL 91.0220J, ESTABLISHMENT OF OFFICE OF ENVIRONMENTAL QUALITY 000..17-US.A.
PL 91-ofril, FLOOD CONTROL ACT OF 170, SE CTIONN 0208, DISCRETIONARY COOTN SHARING 13:62 C.
FL 91.0611 FLOOD CONTROL ACT OF' 9970 SECTIO 0216 ,AUTHORIZRTION OF INVESTIOUTIONS 0N-VA
FL 91.0611, FLOOD CONTROL ACT OF1 1970, SECTION 0221, LOCAL COOPERATION CONTRACT 0-10
FL 91-oAII, RIVER AND HARBOR ACT OF, 1920, SECTION Ou,119 CHARTEER FISHING CRAFT1930.tONC
FL 91.0611, RIVER AND HARBOR ACT OF 1Q!Y SECTDD 0122, ADVERSE IMPACTS 0500g.A.(64I
PL 91.0611, RIVER. AND HARBOR ACT OF 1970; SECTION 01229 ECONOMIC. EXPENDITURES0-OA.1I'
PL 91.0611, RIVER AND HARBOR ACT OF 1970, SECTION 0221, LOCAL COOPERATIO3N CONTRACT 0qn-fl.C;L
PL 91-06ul, RIVER AND HARBOR AND FLOOD CONTROL ACT OF 1970, SECVIA22IMPACT ASEOSNENT VN'.03.C.ITUI
PL 91.O611, RIVER AND HARBOR AND FLOOD CONTROL ACT'OF 1970, SEC.01.22.VARIOUS EFFECTS OU.01.A.IU4lIUI
FL 91.0611, RIVER AND HARBOR ANC FLOOD CONTROL ACT OF 1970, S1EC;0209.REGIONAL BENEFIT 0N.VI.A.IOVIIRI
PL 91.0611, RIVER AND HARBOR AND PLOOD CONTROL ACT OF 970 SEC022IATER SUP1,PLY ON-AID.cnIa)
PL 91.0611, RIE N ABRAND FLOOD CONTROL ACT OF 1970, SEC.02211F1 1C0-V.
PL. 91.0646, BENEFITS OF RIGAWAY METTCRMFNTS DR IMPROVED HOUSOND STANDARDS 05-n.A.OV. 1T1(D)
FL 91.0646, UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUIISITION ACT 09-DI.C. -T~OC
PL 92.0014,SUFFLEMENTS LAND AND WATER CONSERVATION FUND ACTIPL RA.097A0,SEC.OOUV.IISE FREED 16A.VD.E
PL 92.0367, NATIONAL OAR INSPECTION ACT OF 9972 20-nI.
FL 92,0500, FEDERAL RATER POLLUTION CONTROL ACT OF 1972 0~3n1t
PL 92.0000, FEDERAL RATER POLLUTION CONTROL ACT OF 1972,ARENDED BY SECOAOA OF PL 95.0297 03.VI.A.(0il
PL 92.0500, FEDERAL WATER POLLUTION CONTROL ACT OF 1972,AMENDEO BY 1977 CLEAN WATER ACT 17-03.A.
PL qawcsoi6.I!It fiC- wri-T VPo LLu fON CONTROL _jC I F 1972,AMENOeO) IN I9T7.PFRHIT PROGRAMS 09-0b.0.
PL 92.0500,: FEDERAL naTER PDLLUT;ON CONTROL ACT OF 1972,AMENDED.CONSTRUCTION GRANTS 0-s
PL 92.0500, FEDERAL WATERNPOLLUTION CONTROL ACT OF 1972,AMENDEDREGLLATORY FUNCTIONS 21.01.
PL 92.0-500, FEDERAL RATER POLLUTION CONTROL ACT OF 1972.AMENDEO,BE5C.01021R11011 17-03.0.
PL 92.0500, FEDERAL WATER POLLUTION CONTROL ACT OF' 1972,AMENDEDSEC.OIE2CRIIDSI 17-03.c.
PL 92.0500, FEDERAL WOOER POLLUTION CONTROL ACT OF 1972,AWENO)EO,SEC.000IACAIolI)-W CEVTIF.O.09-lt.V.(O0
PL. 92.09500, FEDERAL WATER POLLUTION CO3NTROL ACT OF 9972,AMENDEO,SEC.0OOO AND SEC.UAOS5 21.03.
FL 92-0500, FEDERAL WATER POLLUTION CONTROL ACT OF I972,AMENDEDSEC.0400.A/S PERMIT dN5-N,.V.IUOI
PL 92.0500, FEDERAL RATER POLLUTION CONTROL ACT OF 17,RNE.E.AARII-LIEILU.NC
PL 92.0500, FEDERAL WATER POLLUTION CONTROL ACT OF 1972,AMENDEO.SEC.UAVAIR(O1(I)-G1Jlr'ELINESON-0.ON.O
PL 92.0900, FEDERAL RATER POLLUTION CONTROL ACT OF 1972.AVENDED,SEC.0OAOARI.CONSIOEIRATInNSOS-ON.V.1nlI
PL 92.0900, FEDERAL WATEM POLL.UTION CONTROL ACT OF 1972,AMAENDEDSEC.OOOAIRI.CONSIOERATIONSDS,-n6.V.(O2(
PL 92.Oloo, FEDERAL MATER POLLUTION CONTROL ACT OF 1972,AMENDEO.SEC.VOAIC(RD.SUIRVE.O REPORTS0N-N.T,1fl19nJ
PL 92.0900n, FEDERAL WATER POLLUTION CONTROL ACT OF 1972.ARENDEDWASTEwATER WANAGENENT 201.916.
PL 92.09121, STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972 Dq9N1.F.
PL 92-0532, MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT OF 1972 l1-n.No.A.p-

PL 92.0-583, COASTAL ZONE MANAGEMENT ACT OF 1972, AMENDED 2a-17 O17
PfL 93-OV8l, AMENDS LAND AND WATER CONSERVATTON FUND ACT IPL AR.N0741, SECTODVA-USE ~FEES 9-5
PL 93.0205, ENDANGERED SPECIES ACT OF 9973 IF-A.O% i0.47

PL 93.0234, FLOOD DISASTER PROTECTION ACT Or 1973 02dNA.
PL 93-0234, FLOOD DISASTER PROTECTION ACT OF 1973, SECTION O02009-B
P1L 93.0259, WATFR RESOURCES DEVFLOPMENT ACT OF 19TA,AmENOFD.SEL.0OO,-TwnI.PHASt AIJTNTRTZ. 01-09.
PL 93.0259, RATER RESOURCES DE.VELOPMENT ACT OF 190ALDOSCOITOPAEAUTHORTZ. ON-2A3.C.0
PL 93-0259, -AIEB RESOURCES DEVELOPMENT ACT OF IQTA,'AVENOFOSEC,UOONO:MALLPOnAT NAVTIU0T 1OOOA? IO5
PL 43.005,WAE ESUCS EFI9MN ACT OF 1V70,ANENDEOSEC.U0U.SRA LL.VPIAT NAV0(4AT, 9I-TNN
.ATERRF~nRCF6 FYFL~mEN1-10 I

EP 1165-2-1

28 Sep 79

PL 93.0211, WATER RESOURCES DEVELOPMENTACOFRTEDESCOO.VtIOUOIAASV�.
FL9300211, WATER RESOURCES DEVELOPMENT ACT OF 197A,AMENDEO,SEC.0OI2.PROJECT OEAUOHOVIZ. ot-os.
FL 93.5211, WATER RESOURCES OEVELOPWENT ACT OF 1RTVi,AMENDE.DEC.0O22-ASSISTANCE TO STATES 09-6l.
FL 93.0251, WATER RIESOURCE8O DEVELOPMENT ACT OF' iMTV.AMENOEDOECOOZ22nSSIOTANCE Tn STATES OS-m/4.
PL 93-0251, WATER RESOURCES DEVELOPMENT ACT OF 197V,AMENOEO,SEC.OO32-EROSOIO CONTROL lu-00.
FL 93.09351 WATER RESOURCES DEVELOPMENT ACT OF IRTR,AMENODEDSC,0040O.CAOV PAYMENTS Os-11j*.
FL 9.03191, WATER RESOURCES DEVELOPMENT ACT OF J97NAMENOEDSEC.OANO.CASM PAYMENTS D7-Y%,V,
FL 91.0111, WATER RESOURCES DEVELOPMENT ACT OF 197NRNEACOS.0.EAP 0u-n3,V
PL 93.0551, WATER RESOURCES DEVELOPMENT ACT oPI90AmENDEDSEC.0051-5.E.AP no
PL 43o0i5t. WATER RESOURCES OEVELOPMENT ACT OF itV,4AMENDEOSEC;00O55-.EHOSiON CON4TROL 1 3-TA.,
PL 93.0151, WATER RESOURCES DEVELOPMENT ACT OF 19TA,AMENDOE,5EC.0O55.FVOSION CONTROL 1'JT.05
PL 93.0251, WATER RESOURCES DEVELOPMENT ACT OF I97V,WMENDEDSEC.UONR.w/O PLOW MOGULATION i7-T3.V.
ML 91051 ATER RESOURCES DEVELOPMENT ACT OF' 1T9V,AMENDEO,SEC50673.NSN.STRUCTt)RAL MPAS. 03.oI.A.TOV)
PL 3011, WATER RESOURCES DEVELOPMENT ACT OF 1RTAANENDED,SEC,0073.NON.STVUJCTLJMAL HEAD. i-�C
PL 93.0211, WATER RESOURCES DEVELOPMENT ACT OF 1974.AMENDEOSEC.0o073(Y).NDN.STROCT. VPAO. i0-5.
FL 91.0351, WATER RESOURCES DEVELOPMENT ACT OF 19TN,AMENOEDSEC.0077SF/AW COST SHARING oR-oI.U.(TZ)
PL 93.0211, WATER RESOURCES DEVELOPMENT ACT OF IRTA,AmEN4OED,SE.C:OOAO.TNTEREST9OISC. PATE O5-OV.C.iO2i
PL 93.0519, WATER RESOURCES DEVELOPMENT ACT OF 197A.AWENDEO.S"IEC:0002.VMERGENCY WATEV SUP. 121-10.A.
FL 93.02151, WATER RESOURCES DEVELOPMENT ACT OF I97*,AMENDEDSEC.0002io21.EMERSGENCY N/S 17.On.U.
PL 903.05250 WATER RESOURCE DEVELOPMENT ACT OF 19AAEDOSCO0.,.WATER SUPPLY i7-nA.C.
PL 93.1sst, WATER RESOURCES DEVELOPMENT ACT OF 197V.AMENOEOSEC.OIOT.SEWAER. COST SHARNGtOi.iJ
PL 93-0343, AMEND$ LAND AND WATER CONSERVATION FUND ACT M~ 89-0578I, SECTOOOV08.UO OFES 16n'5,f.
FL 95.03*4, BUDGET AND IMPOUNDMENT CONTROL ACT OF 1970 O7.6j.n.
Fl. 93.0344, DEFERRAL AND RESC13SION ACTIONS UNDER O7-020.V
FL 93.0563, FREEDOM OF INFORMATION AC? of t9YA, AMENDED OR-ILA.A.
'IL 94.0310, COASTAL ZONE' MANAGEMENT ACT OF 1972, AMENDED 21-oZ.CCV?_)
FL 94-OSSI, WATER RESOURCES DEVELOPMENT ACT OF 1976 25-ij2.
FL esoossY, WATER RESOURCE: DEVELOPME9NTACT Of 19 76. AMENDED# SEC.0i20.CITATION AUTHORITY 10-01.0.
PL 94.0541, WATER RESOURCES DEVELOPMENT ACT OF 1976, AMENDED, 3FC.ViNV.REGIONAL BENEFITS ti-nip..
PL 9o.AIS?, WATER RESOURCES DEVELOPMENT ACT OF 2976, AMENDED, SECOiNR, D13POSAL AREAS iO0U0.A.Eos)
FL 94.5551, WATER RESOURCES DEVELOPMENT ACT Of 1976, AMENDED. SEC,OiSS.WETLANDS EOTAOLI.YN.03-Til.A.102)
L9A0YWATER RESOURCES DEVELOPMENT ACT OF 19769 AMENDED, SEO50:WETLANOS6 ESTABLIISH:T9-OV.
FL *i4.0S19Y, WATER RESOURCES DEVELOPMENT ACT OF 197W, AMENDED, ECAISVoETLANDFS ETAOLISH.19T5.
Pt 94.054?, WATER RESOURCES DEVELOPMENT ACT Of 1976, AHMENDED SEC,0154.PERWTT AUTHORITY 2i.Oi.A.iO6i
PL R4-05S1, WATER RESOURCES DEVELOPMENT ACT OF 1976, AMENDED, SEC.Sl5b.REACH NOIIIRIOVMENT i-iO
FL 96.0510, WATER RESOURCES DEVELOPMENT ACT OF 1976, AMENDED, SEC.OIWT*MOOROPOWER STU00 ID-to.
Pt,94.51 WATER RESOURCES DEVELOPMENT AC? UP 1970., AMENDED, SFC.VISIO0.C. WATER SUPPLY iT..OA.C.
FL9o011 WATER RESOURCES DEVELOPMENT ACT Of 1976, AMENDED. SEC.0202, DRIFT AND TEBRIS 11006.A.
PL 94.0161, WATER RESOURCES DEVELOPMENT ACT OF 197W, AMENDED, TWO.PHASE AUTHORIZATION 06-0)3,.c
IL 95.0011, DISASTER RELIEF ACT OP I94 E,, MERGENCY WATER SUPPLVYTONA
IL 95.6096, PUBLIC WORKS APPSOPFRIATIONS IACTI OF 197 8 22-0of
PL 4900119, CLEAN WATER ACT OF 1977 1T-A3.A. 21-01.
Pt W9-0c01?, CLEAN WATER ACT OF 1977, SECTION RARN 03.01i.A.1T1)
FL isso264, VIE OF GOVERNMENT PLANT AND HIRED LABOR OS-YN.C.
FL 4905.0c, INLAND WATERWAYS REVENUE LEt? OF 1970, SECTION 0202 li-II.A.
FL 95.0902, INLANO WATERWAYS REVENUE AET OF �970, SECTION 0205 11-1 S.C.
FL 95.0632, ENDANGERED SPECIES AC? OF jOTS, AMENDED. POLICY OF THE CONGRESS 20.21.
FL 95.032l, ENDANGERED SPECIES ACT OF 1973, AMENDED, E.AV3CNUTT 1V.05'.
FLAW DEVELOPMENT 05-63.A.
FLAW DEVELOPMENT STAGE I * RECONNAISSANCE 0N.03.V.coi I
PLAN DEVELOPMENT STAGE 3 . DEVELOPMENT OF INTERMEDIATE PLANS OY-03.9.(A23
PLAN DEVELOPMENT STAGE 3.- DEVELOPMENT OP DETAILED PLANS 05-03.N.(A3)
PLAN DEVELOPMENT STADE, FINAL 05-0-3.A.
PLAN DEVELOPMENT STAGE, INITIAL 05.03.A.
PLAN DEVELOPMENT STAGE, INTERMEDIATE 05-03,.A
PLAN DEVELOPMENT STAGES Os-n3.p.
PLAN SELECTION 05-07.
PLANNING (ADVANCE ENGINEERING AND OESIGNI. PEECONSTRUCTION 0V-AI.A.
PLANNING AND EVALUATION OF FEOETMAL WATER RESOURCES PROGRAMS O-1VC~
PLANNING ASSISTANCE TO STATES as-lop.
PLANNING INVESTIGATIONS 0N.
PLANNING INVESTIGATIONS. RESEARCH AND OTMILAR 05-np,.s
PLWNNlNG DEJECT) Vil ZN-TV?.
PLANNING POLICY, FLOOD RELATED 12-003.
FLANNING PROCESS, INSTITUTIONAL CDNSDDERAT'IONS IN THE -05-00.E.
PLANNING PROCESS, MULTI.OSJECTIVE 05-03.
PLANNING PROCESS, PRINCIPLES.WNO.SANDARDS.O0JECTDVES OF THE 05-03.
PLANNING PROCESS, THE DS-o3.
PLANNING ?ASK 1. PROBLEM IDENTIFICATION - D5-03.r:.f011
PLANNING ?ASK 2, FORMULATION OF ALTERNATIVES Os0-63.c.*(021
PLANNING TASN 3, IMPACT ASSESSMENT Os0-n3.C.(n3)
PLANNING TASK N, EVALUIATION *0-0010
PLANN1NG TASRS, FORMULATION OF ALTERNATIVES O5-0~.A.
PLANNING ToSK3, FUNCTIONAL oYi-63.A. ni-C0V.1%
PLANNING TASKS, IMPACT ASSESSMENT 05-03.0,
PLANNING TASKS, IMPACT EVALU)ATION 05-A.0..
PLANNING TWOKS, ITERATION OF THE OY-V3,C 105(AS
PLANNING TASKS,. PRORLFM IDENTIFICATION Ds05-0,A
PLANNING, INSTITUTIONAL CONSIDERATIONS IN 05-03.F.
PLANNING, PUBLIC INVOLVEMENT IN 0.30
PLANS, PLAN OEVELOPMENT STADE 2 * OFVELOPMENT OF INTERMEOIATE T~3VC2
PLANS, PLAN DEVELOPMENT STAGE 3 - DEVELOPMENT OF DETAILEO 05-nS3.V.(oU
PFr PROBABLE MAXDMIMU FLOOD 12-OupA.
POLICIES IN WATER RESOURCES MANAGFMENT, NATIONAL DOJECTOVES AND 03,
POLICY DEVELOPMFNT, ESECUTIVF, LEGISLATIVE, AND JUDICIAL POLES IN 02,.
POLICY DEVELOPMENT, EXECUTIVE ROLES IN 02-m,.
POLICY DEVEFLOPMENT, JUDICIAL ROLES IN 02-Ti.
POLOCY DEVELOPMENT, LEGISLATIVE ROLPO 1-4 01-ni.
POLICY ON DEVELOPMENT, MANAGEMENT AND CONSERVATION 03-02.
POLLUTION CONTROL, SANITATION AND102.J
POLLUTION, WIR o5-TV.A.lnA1 (A)
POLLUTION. COSTS OF CONTROLLING MANWWDEL 17-67,.6
POLLUTION, NOISE 05-oV0.A.f )A)TA
POLLUTION. MATER05o..Ca()
FORT PERMITS, AFEPWATEY 25-1I V.
PORT SERIES PREPARED fly SERN 25-02h.
PO05T AUTWORIZATTON STUDIES AND FNOINFERTNG DESIGN oR.
POST.AUTMORI2ATYON STLIOIES (AOVANCED ENGINEERING AND lESION) 0-l.l
POTOMAC RIVER iO-nu.C.
POWER PLANTS, CONTROL OF VELEASFO FROM iS-os.
POWER STUDY, NATIONAL HYDORELECTRIC i5'O0.
POWER, AUTHOM13ITY AND CORPS RESPONSINILITIEO FOR HYDROELECTRIC i-i
POWER, COST SHARING FOR 4IV0DEOLECTRTCjS4
POWER, EV ALUATIO N OP WYDROECECTQ1C 19-0?.
POWER, HYDROELECTRIC iS.
POWER, PROVISION, FOR FUTUREI OM
POWER, PUMPED STORAGE10N
POWER, SALE OF WYDROFLECTVQIC I-
PRE.AIITHURIZATION REPORTS 06-02.

EP 1165-2-1

28 Sep 79

PREeAUTHORIZATION REPORTS. PROCESSING AND REVIEW OF 08-U2.
PREAUTITORIZATION STUDIES Ob' 3.C,
PRECONSTRUCTIDN PLANNING (ADVANCE ENGINEERING AND DESIGN) OR-i 01,A.
PRESERVATION OF HISTORICAL AND ARCREOLOGICAL DATA ACT OF tqRT 21-V2.C.(ns)
PRINCIPLES AND STANOARDS FOR PLANNTING WATER RESOURCES PROJECTS 03-l1.8.
PRINCIPLEhAND-STANDARDS-OBJECTIVFS OF THE PLANNING PROCE SS OVn-3.
PRIORITIEIS NEEDS AND 07-03.8.
PRIVILEGED DATA, COLLECTION AND USE Or 05-1'.B.
PROSBABLE MAXIMUM FLOOD (PMF) 12.'-A.,
PROBLEM IDENTIFICATION � PLANNING TASK I '05.1l(nl)
PROCEDURE FOR DETERMINING ECONOMIC FEASISILITY 05-08.
PROGRAM IMPLEMENTATION 22-ls.
PROGRAM OBJECTIVES 22-.f.
PROGRAMMING, BUDGETING AND APPROPRIATIONS 07.
PROJECT AUTHORIZATION 06.
PROJECT COSTS9 CASH PAYMENT OF ON'-I.F.
PROJECT OEAUTHORIZATION 06. R-lOU.
PROJECT DEAUTHORIZATION REVIEW PROGRAM 06-N.,
PROJECT INDUCED SHORE DAMAGE, CORRECTION or FEDERAL'NAVIGATION 10-09.
PROJECT LANDS AND FACILITIES, RESOURCE MANAGEMENT OF 10-0I.
PROJECT LIFE os.fns.A.(o)33
PROJECT MANAGEMENT, OPERATIONS, MANAGEMENT AND In.
PROJECT MODIFICATIONS ORS-n.
PROJECT OPPOSITION SBY A STATE DOVERNOR 0302U.C. nS0-3.F.
PROJECT OPTIMIZATION 05-fne..
PROJECT PERSONNEL, HOUSING OF 0-.09.
PROJECT RECLASSIFICATION 07-0,.R.
PROJECTS NOT SPECIFICALLY AUTHORIZED. APPLICATION OP SECTION 0261 IPL 89q02C)1 TO oq-nb.F.
PROJECTS UNDER sIS MILLION FEDERAL COSTt AUTHORIZATION OF Oh-03.8.
PROJECTS UNDER CONTINUING AUTHORITIES 09-010.LR,
PROJECTS, ABANDONMENT OF NAVIGATION 10-07.
PROJECTSR ACTIVE U7.4ls.A.fl) 0?-07.
PROJECTS, APPLICATION OP FMPCA SECTION OCBI)(01) OUIDOELINES TO SPECIFICALLY AUTHORIZEO 05-.0.0.
PROJECTS, CLASSIFICATION OF UNCOMPLETEb AUTb.ORIZEO 07.0s.
PROJECTS* CONDITION SURVEYS OF NAVIGATION o10-6.
PROJECTS, CONGRESIONALLY AUTHORIZEO 09-OI.A.
PROJECTS, COIT-SNARINS REOUIREHENTS FOR NEW 12-071.F
PROJECTS. DEFERREO 07'4.A.1(021
PROJECT$S DELEGATION OF AUTHORITy TO APPROVE 06-,3.0.
PIOJEEt. I 1 M I 51IZ IM NG Of 08603.
PROJECTS, FEDERAL WATER QUALITY CONTROL 25-11,.
PROJECTS, INACTIVE 07-04.A.(03)
PROJECTS, LOAL COOPERATION FOR RECREAtIONAL NAVIGATION 0-9.T. p5-IOU.
PROJECTS, MITIGATION ODF DAMAGES CAUSED y CONSTRUCTION OR OPERATION OP 10-to.
PROJECTS, MODIFICATION OF COMPLETED 17-00.C.
PROJECTS, NON-RESERVOiR RECREATION 25-06q.
PROJECTS, NONRESERVOIRS 1.-N5.c.c0(0
PROJECTS, OPERATION AND MAINTENANCE OF LOCAL PROTECTION 10-03.
PROJECTS, PUBLIC TERMINAL AT NIVIGATION 25.02'.
PROJECTSI REAL ESTATE REGUIREMENTS FOR LOCAL COOPERATION 09-02. 0.0o,.
PROJECTS, REGIONAL BENEFITS ACCRUING TO NAVIGATION I-n. .. %-1.
PROJECTSI REGIONAL BENEFITS OF NAVIGATTN N25-11.
PROJECTS, REGULATION OF STORAGE IN NON.CORPS 25E-0o.
PROJECTS, REIMBURSEMENT FOR ADVANCE NON-FEDERAL WORK ON 07-n6.
PROJECTS, REVIEW OF COMPLETED 25-nT7*
PROJECTS, SMALL BEACH EROSION CONTROL ZN-nb9.
PROJECTS, SMALL FLOOD CONTROL UN-nSt.
PROJECTS, SMALL NAVIGATION N-tnb'.
OROJECTS, TIMING OF REOMBURSEHENT FOR AlVANCE NON-FEDERAL WORK ON 07-0N.C.
PROJECTS, TWO PHASE AUTHORIZATION PROCEDURE FOR MAJOR 05N-0.
PROJECTS, USE OF CIVIL wORKS FUNDS FOR DEFENSE 25-DSl.
PROPERTY VALUES, LOSSES IN 05-o8.A.(1O)(C)
PROTECTION, EMERGENCY IV-l7.
PUBLIC ACCESS -nf1,C.
PUBLIC HIGHWAY BRTDGES AY DAMS N5-b?.,
PUBLIC IMPRESSION 10-01.8.
PUBLIC INTEREST, DETERMINATION OF 21-02.8.
PUBLIC INVOLVEMENT IN PLANNING 05.n3.0.
PUBLIC PORT OR INDUSTRIAL FACILITIES, DEVELOPMENT OF U25-0t.
PUSLIC ROAD REPLACEMENT ZS-lOP,
PUBLIC TERMINAL AT NAVIGATION PROJECTS 25-02',.
PUBLIC WORKS APPROPRIATIONS ACT OF 1978 (PL 95-D096t 22-01.
PUBLICATIONS AND REPORTS, SALES OF CORpd CIVIL NORKS 05-t5. P5-059.
RAILROAD BRIDGE ALTERATIONS FOR FLOOD CONTROL 25-0Y7.
RAILROAD BRIDGOOES AND APPROACHESl CHANGER TO 12-l7.8.
RATE REDUCTIONS BY COMPETITORS 11-03.G.
RATEl DISCOUNT 05-0O.C.C02)
RATE, INTEREST 05-O R.c.In0)
RATES FOR ALTERNATIVE MODES OF TRANSPORTING COMMODITIES 1!-03.0.(0C)
RATES, REIMBURSEMENT 05-1.CeCO)
RATES, waTERWAY I1-n.3.0,Cfl)
REESTABLISRMENT OF RELOCATED TOWNS 09-03.C.
REAL ESTATE REQUIREMENTS AND ACOUISITION FOR RESERVOIR PROJECTS oq0n2.
REAL ESTATE REGLIIREMENTS FOR LOCAL COOPERATION PROJECTS oq-VA.
RECLAMATION ACT 25-012.
RECLAMATION PROJECTS, SMALL 2'-AT.
RECLAMATIONt INVESTIGATIONS FOR BLIREAII OF 25-04's
RECLASSIFICATION, PROJECT 07-f'.8.
RECONNAISSANCE STUDIES (PRELIMINARy FEASIBILITY STUOIESI 0-02.C.(031
RECONNAIbSANCE, PLAN DEVELOPMENT STAGE I - ofn0.R.0(l)
RECORD OF OECISION. ENVIRONMENTAL IMPACT STATEMENT 01-1l.U.(As)(C)
RECREATION It. P50
RECREATION ACT, FEDERAL WATER PROJECT 05-n3.F.(10)
RECREATION AREAS, GENERAL USE OF PUBLIC 10-01.1.
RECREATION AREAS, NATIONAL a'-nA.
RECREATION AS A FULL PROJECT PIJRPOSE, ESTABLISHMENT OF 18-01.0.
RECREATION COST AT RESERVOIRS. PAYMENT OF SEPARABLE Ie-n9.O.
RECREATION OEVELOPMENT AT MERERVOIRS1 ACOUISITION OF LANOS FOR lb-ns.C.(02)
_RiCREATION FACILITIES, DEVELOPHMENT OF OUlTDOOR 18-03,
RECREITION FACILITIES, REVENUE PRODIJCINO 16-=5.C(.(s)-
RECREATION FACILITIES, USE FEES FOR 25-fi8. a-9.
RECREATTON FACILITY CONSIDERATIONS, SPECIAL I1-06.
RECREATION LEASES L5-o7S. a-o-07.
RECREATION PROJFCTS. NON.RESERVlIR US-nhe.
RECREATION RESOURCES MANAGEMENT ORJFCTIVES Ih-02.
RECREATION USE FEFS 1'i15.1. a0-l.
RECREATION USf PROJECTION ANO BENEFIT EVALUATION lt-n4.
RECREATION, COST ALLOCATION FOR [6n5.*.
RECREATION, NONPFEOERAL COST PARTICIPATION IN 1-

1-12

EP 1165-2-1

28 Sep 79

REpREATIONAL AREAS, GENERAL USE OF PURLOt nI..
RECREATIONAL BOATING.TME FLETCHER ACT 25n I3R,
RECREATIONAL NAVIGATION PROJECTS, LOCAL COOPERATION FDR 2.007. ln.
REFERRAL TO STATES AND OTHER AGENCIES oh0n2.D.
REFUSE 25- ln.
REFUSE ACT 21-n3.
REFUSE ACT PERMIT PROORAM 21-03. P-ON.
REFUSE REGULATIONS 5-ni S.
REGIONAL BENEFITS ACCRUING TO NAVIGATION PROJECTS I1-P$.. 'S-112.
REGIONAL COUNCILS, FEDERAL 02-nlC..
REGIONAL ECONOMIC DEVELOPMENT 01-ni.A.(o ) I
REGIONAL GROWTH. DISRUPTION OF DESIRABLE 05-08.AeiT4 tE)
REGIONAL PLANS 0-nS.,A,1A(1
REOGIONAL STUDIES (LEVEL B STUDIES) 05-02.R.
REGULATED FLOWS, EFFECTS OF 17-n7.C. 1 -f0eC.
REGULATIO OF STORAGE IN NON.CORRS PROJECTS 29.nU.
REBULATORY FUNCTIONS TO PROTECT AC PRESERVE NAVIGABRLE WATER AND ENVIRONUENT 21,
REHABILITATION PROGR AM, MAJOR In-IA.
REIMBURSEHENT FOR ADVANCE NON.FEDERAL WORK ON PROJECTS O?-N. .~.
REIMBURSEMENT RATES 09-n0.C.10?)
RELEASES FROM POWER PLANTS, CONTROL OF 15-09.
RELEASES, HMINIMUM 15-0.c.
RELOCATED TOWNS, RE9ESTNBL1aMMENT OF 0o-n3.C.
RELOCATION OF CEMETERIES Ooi-.S.
RELOCATION OF MIOGHAYS, UTILITIES, RAILROADS AND PIPELINES DQ-.3.A,
RELOCATION OF THREATENED DOVERNMENTeFACILITIEI/STRUCTURES 25-Obo. 9-f075.
RELOCATION, BENEFITS FROM EVACUATION OR 12-n9,C.
RELOCATIONS 0O-Ti.
REMOVAL OFR WRECKS AND OTHER OBSTRUCTIONS 0l-I .
RENTAL RECEIPTS9 DISTRIBUTION OF inni .L.
REPAIR OF FACILITIES DAMAGED Ny OPERATION OF CORPS DAMS 2S.0-n7,
REPAYMENT, COST SHARINO AND 05-11. nS-IA.R.
REPLACEMENT 05-.AR,(l03)
REPORT PREPARATION Ob.
REPORT PREPARATION, REPORT PROCESSINO,. ROJECT AUTHORIZATION, AND PROJECT DEAUTMORIZATIOn ON.
REPORT PROCESSING 06,
REPORTS, SALE OF CORPS CIVIL WORKS 09-15.
RESCISSION ACTIONS UNDER PL RI.0S3AN DEFERRAL ANO 07-02.B.
RESEARCH AND DEVELORMENT CONMMITTEE, CIVIL WORKS 2'-03.
RESEARCH AND DEVELOPMENT FUNDING, EXCLUSION OF NON.RoAND.D ACTIVITIES FROM 20-11.
RESEARCH AND DEVELOPMENT OFFICE (RDO), OCE 23-n7.U.
RESEARCH AND DEVELOPMENT REVIEW BOARD (RORS)t OCE 23-n7.P.
REKEARCH AND OEVELOPMENTt APPLIED 21n5.
RESEARCH AND DEVELOPMENTi AUTHORIZATION OF 23-02.
RESEARCH AND OEVELOPMENTR CIVIL MORKS 21,
RESEARCH AND OEVELOPHENT, CURRENT EMPHASIS AND PROGRAM MIX OF 23-nb.
RESEARCH AND DEVELOPMENTt EMPHASIS ON NEW MISSIONS AND LEADO ROLFS 23-nU.
IRESEARCH AND OEVELOPMENT, PURPOSE AND N4TURE OF 23-01.
RESEARCH AND OEVELOPMENT, REREARCH NOT AUNDED AS 2112.
RESEARCH AND ENGINEERING LABORATORY (CRREL), US. ARMY COLD REGIONS Ia-nu.c.(5s)
RESEARCH AND SIMILAR PLANNINGO INVESTIGATIONS 05-02.G.
RESEARCH BOARD (CERB), COASTAL ENGINEERING (a-0E.A,
RESEARCH CENTER I(CERCI ESTASLISHEO, COATAL ENGINEERING 25-n71,
RESEARCH CENTER ICERCI, U.S; ARMY COASTAL ENGINEERING nn404.c..0S1
RESEARCH CONFERENCE, RIENNIAL INTERAGENdY WATER RESOURCES 23-i.
RESEARCH LABORATORY (CERLt, U.S. ARHY EONSTRUCTION ENGINEERINO OG.f0.A.cnCl
RESEARCH NOT FUNDED AS RESEARCH AND DEVELOPMENT 23-12.
RESERVOIR CLEARING IN CORPS CONSTRUCTTON 0o-07.
RESERVOIR REGULATION# CHANGES IN 10-17.
RESERVOIR RELEASES FROM POAR PLANTS, CONTROL OF 15-oq.
RESERVOIR SALVAGE ACT OF 1960 ON-na.k.
RESERVOIRS 1N05.C.(11
RESERVOIRIS, HMAJOR i -n7.,
RESOURCE MANAGEMENT OF PROJECT LANDS AND FACILITIES I.0i.
RESPONSISILITY FOR MAINTENANCE 10-02.
RESTRICTED AREAS 21-.0.
RETURN FLOWS FROM IRRIGATION 17.07A.
REVENUE PROOUCINO RECREATION FACILITIES Ib-NOS.DCi o)
REVIEW OF COMPLETED PROJECTS 25-087,
REVIEW STUDIES 05-n2.C.f1l)
RIGHT TO WATER SUPPLY STORAGE 25.070.
RIO ORANDE, COLORAOC AND TIJUANA TREAT? OF tRAJ 02-nl.F(in)
RIPARIAN LANDOWNER 17-0b.A.
RIpARIAN LANDS 17-.0,A,
RIPARIAN WATER RIGHTS 17-0f.A.
RIVER AND HARBOR ACT't30 STAT. fills 33 USC 040I, SECTION 0009 2I-n2.A.(0l)
RIVER AND HARBOR ACT 30 STAT. tll, 33 USC O0O4), SECTION 0010 20-2..
RIVER AND HARBOR ACT 30SO STAT. 1191tr, 3 USC 004), SECTION 0011 2-2..
RIVER AND HARBOR ACT i30 STAT, 1152, 13 USC 0071)t SECTION D001 21-ON.
RIVER AND HARBOR ACT rf32 STAT, 0371Yi 3 USC 05051, SECTION 0001 21-02.A.i0A)
RIVER AND HARBOR ACT OF LSSA. SECTION OOOu L1-07.
RIVER AND HARROR ACT OF BR99 I-I11. 21-01.

RIVER AND HARBOR ACT oF R1099 SECTION o010 24-13. i(Ol)A)
RIVER AND HARBOR ACT OF 9IRQ09, SECTION O00b 11-07.
RIVER AND HARBOR ACT OF 1Q15, SECTION oo05 OR-ni.N.
RIVER AND HARBOR ACT OF 1917, SECTION oo07 21-04,
RIVER AND HARBOR ACT OF 1920I SECTION 0002 11-1.
RIVER AND HARBOR ACT OF 1920, SECTION 0802, DETERnMINATION OF SPFCIAL BENEFICIARY INTERNST 11il-.
RIVER AND HARBOR ACT OF 19RA 05-03.1F.101
RIVER AND HARBOR ACT OF 1Q62, APENDEDIPL 8T7.74,)eBEACH EROSION CONTROL IX-fI.a.
RIVER AND HARBOR ACI OF 196?, AMENOEDIPL BTOSTN4),SEC.CIi.PARK AND CONSFRVATION ARElS 10-ni C.e10
RIVER AND HARBOR ACT OF 1651, AMENDEOI[PL SQ0RQS)tIECo IOLVCONVEYANCF SYSTEMS l?-naeHV
RIVER AND HARBOR ACT OF Itb,1 AMENDEO.(PL 8Q.02Q8)ISECe0201.AOV(NISTRATIVE AUTHORITY 2%-07-.
RIVER AND HARBOR ACT OF 196S, AMENDEO.(RL 8QR.0ZB)iSEC,02D41PROJECTS (SIR MILLION UOR LFSS)OIA03.R
RIVER AND HARNBOR ACT OF 1969, AMENDEO,IPL BQZQRIB),SECeO02AAUATIC PLANT CONTROL 20-ni.
RIVER AND HARBOR ACT OF IRbA (PL 9O-OU08)S SECTION 0111i NuAVIGATION loJIICcO SORE DrUOAPR 0s-01�
RIVER AND HARROR ACT of 196r (RL 90-04aR)1 SECTION 0011, VAVIGATION INDIUCFD SORF OUAA(;F In-09.
RIVER AND HARBOR ACT OF 196R IPL 9O00B45), SECTION i0117 CORPS WORK FR OTHER AGENCIED OR-10.
RIVER AND HARBOR ACT OF 1QT70 (L 9IAN061), SECTION 0115, CHARTER FISH[NO CRAFT It-nN.M.
RIVER AND HARBOR ACT OF 1q70 (PL 9-OW611), SECTION DlIV, CHARTFD FISHING CRAFT tIanN.C,
.RIVER AND HARBOR ACT OF 1970 (FPL RIOhti). SECTION 0f22. ADoVERSE IMPACTS 05-nRD.a(I a)
RIVER AND HARBORUR ACT oF 1Q70 IPL O91.0611) SECTION 022, FCONOYHtC EXPFNOITURES 059OV.A.(fl)ia)
RIVER AND NARBOR ACt OF 1970T (PL OIS6II)I SECTION 0221, LOCAL CO0PFRATOUN CONTRACT 0o-nl.c.
RIVER AND HARBOR AND FLOOD CONTROL ACT OF 1QO0 IPL t"LDL1. SkECOI?2-IHPACT ASSFESSENT 05.0;,C.(.n~
RIVER ANO HARBOR AND FLOOD CONTROL ACT OF IlPI (PL OII0611 SEC 0122.VARIOUS FFFCTS 00-nl.A3(ol(AI
RIVER ANO HARBOR AND FLOOD CONTROL ACT OF 1Q7O (PL *1-06NtI . SEC.O2DQ.REOIONAL RENEFITS 01-0.1.(ni(0 )
RIVER AND HARROR ANT FLOOD CONTROL ACT nf IR0O (PL Mlo&-11). SBe)O21It.ATFR SOPPI ON-nil.0.(n)
RIVER AND HARBOR AINO FLOOD CONTROL ACT OF 1470 (PL 91'O611). SECOE.02t) 10-ns.

I-13

EP 1165-2-1

28 Sep 79

RIVER BASIN COMMISSIONS O D-O.O. ?-ul.O.(oU!
RIVER BASIN COMM$ISOONS (MATER RESOURCEN PLANNING ACT, TITLE II) Oan-.A.(1l
RIVER BASIN COHPACTS PERTAINING TO CONJERVATION OP WATERSHEOS 29-n0?.
RIVER BASIN OPERATIONS, INSTITUTIOIS FOR MANAGEMENT OF O-05n,
RIVER BASIN PLANS 0:05s .(041]
RIVER BASIN STUDIES ILEVEL S STUDIES) N-n02.VR
RIVER, POTOMAC 1?-XE.C.
RIVERS AND HARBORS (SpRMI, BOARD OF ENOTNEERS FOR O?-oa.A. 0-o4 .R.
N0601-P.C( 21 5-011.
RIVERS AND MARBORS (BSEM), REVIEW BY THE BOARD OF ENGINEERS FOR 06 -2.C.
ROAD RELOCATION8 25-069.
ROLES IN POLICY DEVELOPMENTI EXECUTIVE. LEGISLATIVEI AND JUDICIAL 02.
SAFE DRINNING WATER ACT CER t 11,.1.0o0 2o-n1.2.
SAINT LAWRENCE SEAWAY 1]-]3.V.
BALE OF CONSTRUCTION DRAWINGS AND SPECIFICATIONS 05-19.0.
SALE OF CORPS CIVIL WORKS PUBLICATIONS 25-059.
SALE OF CORPS CIVIL WORKS PUBLICATIONS, DEPOSIT OF PROCEEDS FRO. 09-15.0.
IALE OP POWER 29-nO. 1
SALES OF CORPS CIVIL WORKS PUBLICATIONS AND REPORTS 05D15.
SALINITY CONTROL 17-7.
SALINITY INTRUSION 17-07.C.
SALINITY INTRUSION CONTROL BY FLOW REGULATION 1T-07.C.
SAND ILL DISPOSAL ON ADJACENT BEACHES 25-I1 .
SANITATION AND POLLUTION CONTROL 10-OX J.
SAVINGS AND SLIPPAGE UT-X02.A
SCENIC VALUES 0O-os..A1041
SCOPE OF PROBLEM 22.03.
lEAP. SHORELINE EROSION ADVISORY PANEL 00-03.E.
SEAPLANE OPERATIONS RESITRICTIONI ON 10-12.
SECRETARY OF AORICULTURE 02-oj*.n
SECRETARY OF COMMERCE 02-no.D.
SECRETARY OF ENERGY 02-Vl.0.
SECRETARY OF MOUSING ANO URBAN OEVELOPMENT 0a-01.0.
SECRETARY OF THE ARMY 00-1.4. .0
02-X2.MB . b0'2.�
GA-02.o. Ot.'03.R,
0-01 .A.
SECRETARY OF THr INTERIOR 02.0l.n.
SECRETARY OF TRANSPORTATION 02-01.0.
SECTION 501.I RIVER ANO HARBOR ACT OF 1tOR (PL 59-0298 ), ADHINISTRATIVE AUTHORITY 25.07.
SECTION O0o0, CLEAN AIR ACT AMENDMHENTS ePL 9obWo)E, REVIEW Of FNVIRON. IMPACT STATEMENT 2-V88.
SECTION SOACR0I CONSIDERATIONS UNDER PoPCA (PL 9M2OO5) 01-06.B.(011
SECTION OACR(R) CONSIDERATIONS UNDER FNRCA (PL 9ER2EX0) 05-06..(02)
BENATE DOCUMENT 9?t Ith CONGREESS. (PRRINCIPLES AND STANDARDS) 03.01.R. Y$.01.A.(01)G0
SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE 09-01.
SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE ISEPWC) 0o6-n.
SEPARABLE RECREATION COST AT RESERVOIRS, PAYMENT OF 16-05.0.
SEPwCe SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE 06-n3.
SEWAGE TREATMENT PLANTS, CORPS PARTICIPATION IN CONSTRUCTION OF LOCAL 25-102.
SHARING OF RESPONSIBILITY BY FEDERAL, SIATE AND LOCAL GOVERNMENTS 0-n?2.
SHIPPING STATiSTiCS PROGRAM. FEDERAL Illl.A.
SHORE AND BANN EROSION CONTROL, TECHNICAL ASSISTANCE FOR 25.102.
SNORE DAMAGES, MITIGATION OF 25-080.
SHORE EROSION, TECHNICAL AND FNOINEERING ASSISTANCE ON 13-06.
SHORE.NOURISHMENT, PERIODIC 11.n1.0.
SHORELINE EROSION 19n.6.
SHORELINE EROSION ADVISORY PANEL (SEAP) 04-.03.E.
SHORELINE EROSION CONTROL DEMONSTRATION ACT OF I1RT 13-05. P5-102.
SHORELINE, PERIODIC NOURISHMENT OF 13.01.0.
SHORES, NON.-FEDERAL 1-1.
SINGLE.USER BENEFITS U-I.0
SLIPPAGE, SAVINGS AND 07-n2.A.
SMALL AND MINORITY BUSINESSES, CONTRACTINGO WITH 09-06.b0.
SMALL BEACH EROSION CONTROL PROJECTS 21-069.
SMALL BUSINESS ACT OF 19R3$ AMENOEO 09-n6.D.
SMALL FLOOD CONTROL PROJECTS 21-A51t
SMALL NAVIGATION PROJECTS 25-064.
SMALL RECLAMATION PROJECTS ACT OF i9S6, AMENDOED, PL 8A-OqA84) 24-n7,
SMALL.sOAT CHANNELS It-X1.�.(031
SMALL.BOAT CHANNELS, EVALUATION OF Itano.
SHALL.BOAT HARBORS AND CHANNELS Ij-n0.6.(11
SMALL.SOAT HARBORS AND CHANNELS, EVALUATION OF Ilt-on
SOCIAL IMPACTS 05-nO.A.ICaI P5-087,
SOIL AND WATER CONSERVATION DISTRICTS 04-05.4.
SOIL CONSERVATION SERVICE 23-13. po-0o.
SOIL EROSION CONTROL In-hi�K,
SPEED LIMITS 21-04.0.
SPFp STANDARD PROJECT FLOOD 12-04.R.
SPFCO, CALIFORNIA DEBRIS COMMISSION 041-3.C.
IT, LAWRENCE SERWAY !-I13.9.
STAGE I � RECONNAISSANCE, PLAN DEVELOPMENT as.03..8(nll
STAGE 2 - DEVELOPMENT OF INTERMEDIATE PLANS. PLAN DEVELOPMENT O1-03.B.(dX]
STAGE 3 DEVELOPMENT OF OETAILFO PLANS, PLAN DEVELOPMENT 09-n3.B.(031
STAGES, PLAN DEVELOPMENT 0O-03.B.
STANDARD PROJECT PLOOD.(SPF1 12-04a.
STATE AND LOCAL FISCAL ASSISTANCE ACT OF I9T7 (PL 9e.0512) 69S.1.E.
STATISTICS ON HATERBORNE COMMERCE 25-0q9.
STORAGE AT NON.CORPS PROJECTS, USE OF FLOOD CONTROL AND NAVIGAT.ION 12-11.
STORAGE FOR STRFAMFLOW AUGMENTATION 25-09%,
STORAGE IN NOW-CORPS PROJECTS. REGULATION OF 25-0411.
STORAGE SPACE WITHON CORPS RESERVOIRS 17-n0.0.
STORAGE, HYDROELECTRIC POWER PUMPED 15-06.
STORAGE, MUNICIPAL ANO INDUSTRIAL WATER SUPPLY 17-02.A.
STORAGE. PERMANENT RIGHTS TO WATER 17-0W.AR
STORAGE, RIGHT TO WATFR SUPPLY 2S-07n.
STORAGE, WATER 17-0T.A.
STORAGE, WATER SUPPLY 17.(.A.
STREAM FLOW REGIILATIN IO- .
STREAMBANK EROSION CONTROL 1.
STREAMMANK EROSION CONTROL EVALUATION ACT OF 19q74 AMENDED lu-0u.
STREAMBANK EROSION CONTROL EVALUATION AND DEMONSTRATION ACT 25-1?.
STREAMB8NK EROSION RELATED TO PROJECT CONSTRUCTION AND OPERATIOM 1a-O.
STREAMBANK EROSION, TECHNICAL AND ENGTINERING ASSISTANCE ON 14-05.
STREAMRBANK PROTFCTION, FEDERAL INTEREST IN 14-01.
STREAMBANK PROTECTION, SPECIAL CONTINUING AUTHORITY FOR lU.nl.
STDEAmFLOd MEASIIREMENTS n5-o.
STUDIES (AOVANCED ENGINEERING ANO nESIrN), POST-AUTOMRI2ATION nA-nT.0.
STUDIES (FRAMEWURN STUDIES AND ASSESGMFNOSI LEVEL A l9-n0.4.
STUDIES (IMPLEME9TATION STUDIES), LEVEL C 09-e.r.o

1-14

EP 1165-2-1

28 Sep 79

STUOiES (PRELIMINARY FEASISILITY STUDITES), RECONNAISSANCE 05-02.C.C033
STU01 at (EINAL OR RIVE BAI STUDIESa, LEVE C O-2c
STUDIES ON NATIONAL SCALE, WATERWA YSa1-
STUDIES, (LE-VEL C STUDIES) URRAN 0-?rls
SITUDIES, FEASISILITY
~~~~~~~~~~~~~~~~~~~~~~~~~O-a�. A 1,as
STUDIES FLOOD INSURANCEa- s
STUDIES, FLOGOPLAIN INFORMATION oSoao ?"0A
*TUDIES, FRAM4EWOGRK D:2,
STUDIES, INTERIM a sA-?CCI
STUDIES, LEGISLATIVE PHASE I 05-Y?.C.C2
STUDIES. PMAlsEl I 0 6-0.
STDIS, PMASEIADVANCE ENGINEERING ANII DESIGN A60.A3
STUDIES, POST AUTHORIZATION AM r:-l
STUDIES, POST CONSTRUCTION AR-a.
1STUDIES. POST-AUTMORIZATION PLANNING ANY ENGINEERING 0-A
STUDIES, PREwAUTHORIZATION06.C
STUDIES, REVIEW Ob:Og:C.()
STUDIES, SURVEY os-o.c.0C1l
STUDYG OFUSER TAKES AND CHARGES 01-102.C01
STUDY, MYDROELECTRIC POWER 25-11.
STUDYNATIOAL HYAROLECYSIC POWER .
ITUDY, NATIONAL WATERWAYS IS-IA.
SUBMARINE AND PIPE LINE AREAS ":D1.
SUBMISSION OF REPORTS 21-AoO
S1UNKEN VESSEILS 25-047.
SUPPORT VENTER fARSI)& WATER RESOURCES 025-010~
SPEME COURT OF THE UNITED STATES D00,.Cl
SURFAC INING CON1TROL AND RECLAMATION ACT 02-0.11.
SURPLUS WATER Su PPLY DISPOSAL Of 2911 A.
SURVEY REPORTmS UNDER PROVISIONS OF FAPeS (PL 92.03001 SECTION AAAKaIBI 25.IbAA-,
SURVEY REPORTS, CONTENTS OF O5.RA..IAI
SURVEY STUDIES 25027 p-35*
SUSGUEHANNA RIVER BASIN COMM1SSION 0
S1USGUEHANNA RIVER BASIN COMPACT A4.0S.A.0A2)
TASK I. PROBLEM IOENTIFICATION . PLANNING 05:03..C
TAS 3, toFORMULATION OF ALTERNATIVES - PLANNING AV-0O3C.CYII21
TASK 3, IMPACT ASSESSMENT - PLANNING AS3-A3.C. Coal
TASK 4, EVALUATION * PLANNING AN-oo3.C. CVII
TAX LOSSES053..Cl
TAXI ruEL 05-A.58.0 CuolCC
TECHNICAL ASSISTANCE FOR SH4ORE AND BANK EROSION CONTROL 25-102
TENNSSSEE VALLEY AUTHORITY (TVA) 40..1-3
THREATENED SPECIES OS-YS,. 2-0
TIDAL WATERS, OCEAN AND 20. 2 I
TIMIANS OF REIMBURSEMENT FOR ADVANCE NONFEDERAL WORK ON PROJECTS 07-56.0
TITLE 1I CONTRACTS, USE OF 90 .
TOLLS OQ-OA.M,
TOWNS, RE-ESTABLISHMENT OF RELOCATED 11-13:c:
TRAILS 09-03.0.
TRAILS SYSTEM, NATIONAL 16-06h.0. 02-0

TRANSFER AND LIGHTERING FACILITIES, BARIGE FLEFTING AREAS 11*IA,
TRANSFER Of BRIDGES 51.
TRANSFERS OF FUNDS 29.052C.
TRANSPORTATION POLICY STUDY COMMISSION, NATIONAL 07-0lb:
TRANSPORTATION, SECRETARY OF 0 "IO
TREATMENT, AESTACTIC 02-Al ..
TREATY OF' 19099 SOUNOARY WATER OS-61A.(1
TREATY OF 1964, RIO GRANDE, COLORADO AND TIJUANA 02-olj .F.CYI
TVA, TENNESSEE VALLEY AUTHORITY A?.AIM.102
TWO PHASE AUTMORIZATION PROCEDURE FOR MAJOR PROJECTS AS-Al0.
UNIFORM FREION4T CLASSIFICATION$S506
UNIFORM RELOCATIONS ASSISTANCE AND REAL PROPERTY ACIUISOTTON POLICIES ACT 0Q002.C. ;-S-VOF.1
URBAN STUOIES, LEVEL C STUDIES 0-2c(s
USE FEES OS-A20.C1Y5191
USE FEES, RECREATION 1A6lF.0-05.E.
USE OF CONSULTANTS 29-90,05.0%
USE OF CONTRACTORS IN CORPS CIVIL WORKS CONSTRUCTION 095-bAS?
USER BENEFITS, SINGLE.AsI E(2
USER CHARGES, WATERWAY
USER TAXES AND CHARGES, STUDY OF USER TAXES AND I-o
VALUE, ECONOMIC 11-13.A.03
VALUES, CONSIDERATION OF AESTWETIC AS-AR5.A.
VALUES, DESTRUCTION OF AESTHETIC O-S
VALUE3, HISTORIC
VALUES, LOSSES IN PROPERTY O0..CA
VALUES, MARKETASO.CACC
VALUES, SCENIC AS-A8.A.CA4)
KASMINGTON AGUEDUCT SYSTEMA5V,1o
NASTEWATER MA4NAGENMENT PLANNING 1-00
WATER CONSERVATO aN FLOODPLAIN MANAGEMENT IN FEDERAL PROGRAMS 2-A

WATER DISTRISUTION SYSTEMS IT-AS.
MATER POLLUTION CONTROL ACT AMENDMENTS (IF 1912. rEDERAL l7-:3 A.
WATER POLLUTION CONTROL ACT Of 1900 CPL 80-03451 25-15
WATER POLLUTION CONTROL ACT OF 19018 IPL 0.0-085), AB AMENDED IN 1956 17015
WATER POLLUTION CONTROL ACT OF l9RA8 CRL AOASASI5. AS AMENDED-IN 1961 I27AIA.
WATER POLLUTION CONTROL ACT OF 1908 CPL 80.0-0651, AS AMENDED IN 196931 :'
WATER POLLUTION CONTROL ACT OF 194R 1TML 800.4591S, AS AMENDED IN 1970 (PL SI-OAnkl 17-03.0,
WATER POLLUTION CONTROL ACT OF IVTSCPL 92-0500) OSA03.M.Cl I
WATER POLLUTION CONTROL ACT OF IROSCPL 42-OSAAO),AMLNDED By SECTION A4AA4 OF PL 9Sfatl UI-01,A.CVII
M1ATER POLLUTION CONTROL ACT'D OP IS2CPL S2OSAA0),AMENOED BY 1977 CLL.AN -AYER ACT 17-83.A.
WATER POLLUTION CONTROL ACT OF i9T2CPL 02A50013,AMENDED IN 1977, PERMIT PROORAMO 05-06.A.
WATER POLLUTION CONTROL ACT of 19T2CPL Q2-05100,AMENDEDCANSTRUCTION GRANTS P4-IS.
WATER POLLUTION CON4TROL ACT OF I9T2CPL NRAO5AOI.AMENDFO.SEOIJLATmRY FUNCTIANS 2l-pl.
WATER POLLUTION CONTROL ACT OF I9TOIPL QI.0OSOA).AAENOEO,OEC.AIA2CR)fYII 71.1
WATER POLLUTION CONTROL ACT OF 1972CPL SROAYOA).AMENDEO.SEC.OIUPCSUO)fos 7A..
WATER POLLUTION CONTROL ACT OF 1972(FP1 92-0900).AMENDEO,GEC.AAOIC(A)COII, 0/0 CERTIPICATF AS-Y6.R.COol
WATER POLLoION CONTROL ACT OF I9TPCPL 92-09001,'AMENOED).SFC.AOAP ANQ OEC.AAY5 21-no,
MATER POLLUTION CONTROL ACT OF 19721PL 920O5001,ANENDEO,SFC.O4O4, OATFR OLIALITY MERVIT Os-VIbt.bapl?
MATES POLLUTION CONTROL ACT OF I 9T2(FL 9QIASAAI,AMENOED,SEC.0OAAACAJ 01A.IiICOELINY5 D%-06.0.C
MATES POLLUTION CONTROL ACT OF 197,aIPI QSOAAsREAOEaAACJCI.OJAEIE
MATER POLLUTION CONTROL ACT OF 19T200L 92AOSAO),AIIECNED.SEC.AAVIICR).,CONSIOESA7CNS 0S1n.K0.(all1
WATER POLLUTION CONTROL ACT OF 19?2CPL ROAIAEAOSCOOJR.CNIEACN
WATER MOLLuTION CONTROL ACT OF 1972CPL q2-A5AOIAMENOEO.SEC.0AAVAC)StIDIVEY REPARTO S-ooll
WATER POLLUTION COPNTRllL ACT OF 1972CPL Q2aSOOI0,AMENOEOWAOTEWATER WANAGEmANYT4-s
MATER PC-ER ACT OF 1920 CML 66.VERAOI, FEDERAL 2.tA

1-15

EP 1165-2-1

28 Sep 79

WATER PROJECT RECREATTION ACT OF 1965, AMENDED. (FL P-O? 5UF(1
WATEPRJC RRATTNACD EFi I I 'l A MEND, F L 9-00 721. RECREIATION AS A PURPOSE 16.V
WATAR PRJCT RPNCREATO 0ACTROFENT AMENOEO, DPL 59RT) NFOMPLCE 5-O13,
WATER PROTECTINAND FLOo a PReVENTIO ACT 2509 H
WATER QUALITY 257-09.i
WATER QUALITY COMPLIANCE, FEDERAL 25-I II
WATER QUALITY CONTROL (7.03:.
W~~~ATDER QOLT RTCTION AND IM"RoVEMEN'Y 23t..
WATER QUALITY REQURE MENT REARDIN IISCWAPOE OF FILL MATERIAL 0-5
WATER QUALITY STANDARD (7.03.2.
MATER QUALITY STHNOAROS AT RESERVOIRS, CHANGES TO MEET m0-LW
WATER QUALITY STRAE2NI02,
WATER RESOURCES CO.AUNCI ARC 02.1. 20.
0101.V 0A',..(A

WATER RESOU1RCESI1. CUNCIL IQOSIRATIQ.R NwDIREQORY FOR FEDERAL AQENCIES N.FIL
WATER RESOARCES COUNCIL ESTABLISHED 12-Oo.0
WAYER REORE CONIL AURASLANT To ,EXECUTIVE ORDER l1RS1.02.0
WATER RESOURCES DEVEOPMENT 0ATo 19WAEODIPL 93VOISCOAITW-HAE UTORI!, VS-a).
WATER RESOURCES DEVEL OFMENTACT OF IRT7,AMENDED,(L9 952`51,E. ITPMS FUHr). OtYSTWO
WATER RESOURCES D.EVELOPIMENT ACT OFl IRT,H14:MENEfD:,IPL 93:0OQ51I.SEC.OGoW.SVALL.SOUT NAVIOVY, IVYR2.A.1031
WATER RESOURCES DEVELOPMENT ACT OF INTA.WMENOEDC~PL RSOSIS Sot.:SM"ALL.BOAT NAVIORT, IIRV*M,3
WATEYRSURCE EVELOPEN WCT o V AMENDEF D 95.211SCOaO9PPOJINIUCEO OAMAGEGIOIG.1
RATER RESOURACES DeVELPENTATO R AMENDrEOIP(L 93:0V25II:SEC.GO:RJETOEV0OI. 65
WATER RESOURCES-DEVELOPMENT ACT Or RT. AVAENDEDEL V1USIRCOU.AISAC9ISAEO-I
WTER RESOURCES DEVELOPMENT ACT OF' 197M.AWENDED,IFL 9VSR290,SEC.V022.ASSISTANCE TO STATESO5-02.F
WATER RESO1URCES DEVELOPMENT ACT OF IqTW.AmENOEI,fPL 93.U(,ER RSO OTROL ("TIS-00.1'
WATER RSUCES DVELOPMENT ACT OF ISOA.AMENDOED.(PL9521.C.R.CSPAMNS 0-.F
WATRRSUCSDVEOMN C FIIW.MNEP t 9325IECOAO CASH FAYMENTS 07.It9
.ATE RESDURCES DEVELOPMINT ACT OF 197 AMAENDED,(L 90251SE.OaEA,.AO3.
WATER RESOURCES DEVELOPMFENT ACT OF 1qyM.,:AMENOED.(FL 95.OQR1I,SEC.ooSo.A.S..RPAY. T 11.05.R
WATER RESOURCESDVELOPMENT ACT OF17NA.mNENDEO.PL RS.0Q511,SEC.0SUSS.EPOSION COTRL 3-b
WATER RESOURCES6 DEVELOPMENT ACT OF (t%4AMAENDEDO,(FL 93V291),EGSRSO COTO 1(.
WATER RESORE DEVELOPMNT C FI NN!"IA4,ARMENDEO,(FL 91V SCONTR.MOFLOWRGLTO 1h0UA.
RATE RESOURCES DEVELOPMENT ACT PIF17AAENDED.IFL 9ID3 SC.SSO-SPCUA HEA4S.OSIA
MATER RESOURCES DEVELOPMENT ACT OF I97W.AMENDEI,(PL. 91.2511,SEC,0SOTSISINON.SREULCTIO MEAS.IV.B
WATER RESOURCES DEVELOPMENT ACT. OF IVIRAMENOED,(PL 93.02511,SEC.0077.P3 NONTING SARING -A KO-S)..
WATE RSUCES DEEOMET ACT OF 971,AMENODIFPL 93.025(I.SEC.SOPIINO TEREQTUOSC REATE 09S.C1: 2
WATER RESOURCES DEVtELOPMENT ACT OF I90TA.AMENDOED(PL 91.O2StS3ECV073p2.EMRONCYRUT MEATRSLL.I.LA5.
WAT ER tEoURE AEVELPMENT ACT OF "RTAMENDED,(PL 9S.O2021,SEC.OVRO./WC. WTER SUPPLY 1T.OA.C.1
WAEREOREDEEOMEN IACT OF 91YAAMENODED,(PL 93.VSIS EC.O00IN TSEM. COT SAING 108 1.3.
WATER RESOURCCES DEVIELOPMENYIT ACT"FI~ AF WVST 5io
MATER RESOURCES DEMEOPMINT ACT O1F IYA.AMEI'DaD.IPL IAV5RTISElV00'NFOIONCYAL RENFIT (1.A3
WATER RESOURCES DEVELOPMENTIACT OF Iq.AMENED,'IFL: 91.DNo.oC0(S T ISPOSA AEA GO-V2,A,(05
MAT ER MDSURCES DEVELOPMENT ACT OF IRYWA,AMe NEDD(PL 93.05R71.S3EC.G()SsM.C IETRN STAPLTSM O3O.AM.(O2
WATER RESOURCES DEVELOPMENT ACT OF t197,AMENDED,(PL 900W SC.OS9.WTLA ESHARLING S-R
WATER1 RESOURCES DEVELOPMENT1 ACT OF 197,AENED(FL NU.VSRISEC0150MTLAN0 ESALIM (NO.
WTER REORESDVLOPMENT ACT OF 19T6,AM1NDED,(1:PL NVSSIE,011 9R.PFRRIT1,1 AUTHORITY 211A(t
WATE RSUCES VLOPRENT ACT0 I(qAMEND D,(FL VLIOR7IEC516.aVYREGPO TION Y BENEFIT
.ATER RESOURE EEOMN ACTO ITAMNEOILN.SASCIjDC MATER SUPPLY . (OAlC.
WNTER REOURCE DEVELOPMENT ACT OF 1976.AEDOE,IPL 9AVMITOPAEATORIAT1O OteR.A
MAE EORES MAAEMENT.ND ENVRNETlQAIYAD OIV(
WATEARRESOURCES0 MAAEENTO NTINA DECL aIA EA OI.RI.A.'2
MAE EOURCE RAAEENT, NATINLO CTI91 AMED0 POLICIESTIN 01TOLS . -
WAERRESOURRCES PELANNING ACT OF 2 UO16 F 5-30 01O
WITER RSUCES PROGRMS, LANNTNOF AMND DL945IECVA5ELUATO OF FEDERAL SH -0( R5 01
WATER RESOURCES DEMOENARCH COFRNF, R16AENNIA ,(L 94. 8)SCINTE"PRTAUSRAGENC 23-9." (
WATER RESOURCES DEVLOPENTFI IN~FOR T.,MATI'P.IaINI SERVCENUIS N �.1-10.
WATER RESOURCES SUPPORTPCENT AT1r9AER NDRSCIW5Iq~ O'.M R PONP.CT(Y
WATER RESOURCES. FDERAL "'E.SPCTSPILITY "ENDE F 400 UtE.~S..DC y L .3
WATER RPIGMYCS INOVD I RJC EVELOPMENT AC17-9bAENE P9-57)TaPAEATORIZTO.",:'
MATER RESOURCSMAmN ACOUIL Q UAITYIONDO 1707-9.0.c
RATER RIGHSOEURCESO TMANAGENT OF"IRA THEACUS ITDNOF(-,
WATER REIGHTCS, MAIGNTE oNATIONA TRECIVANDSFLCERS IN-O03 V
WATER RIGHSOUCE PNINGESACTE COFPUCTY 1967fL808)O-00.0..
WATER SOR ROGRAMS, RPLNIGAND EAUAIN (7OFEDRALo:iB(
MAERRIHS. SUPRESE ALLCHTIONS 1100 REN"V.NAINEAEC 3i
WATERESPL 1-2
WATER S11UPPYCTS O15FN11FI I(FL M5090 T OENED TILEIAI'UNClAlIOUTPR STOAG .1702
WATER RS UPRACT ES S98UFLPP- 0) ONSRUTIO CONTRAC APPROVAL4 O9-Yj.C.M
MATER RSOUPPY CT FjSP(LP50. FEDEALRI.ALSII AND NFEEAPRGMCOOINATO 050.E(I
WATER SUPPYGAT NOLVE INS PIR.L MS-SRY, TRRIGAIDMCOT 1HRN 7-08..
WATER SUPPL AT O, A958QULISO I. ETION 0101 NERD STD07AR
HATER RIPPLY ADEQUACY OR T(FLN 09OFoI SECTUION 031 UIIA N NOADPA RG SFis
WATER SUPPLYt ACTET RST F 5001 ATER CMPAT$IAA 17.02.11.
M1ATER SUPPLY WOOIPARITMANAGMN 17, L61
WATER SUPL EMERGENCIES ALLC-IO IS.
MATER SUPL FORAPIMET ROPOLTANARH MAHNToN 0.1.LOR.C.
MATER SUPPLY STRGII7-62A,
WATER SUPPLY SCIOFNAG M 5050, MNE,,TTE11 MUNICIPAL.ANO IOLSTRIAL S T R G (7-112.* U
WATERASUPPLY ACTOF 95 P S00) OiRCINCN RAGE, APPROVAL 25.70.c
MATEFRSUPPLY.ATFq11 OPFnEAIANCS.ERRLPROGAM COPOSRPLUSI 2S-oon.F(
WATER SUPPLY. AMRECTO'l'P S17-09,0.NCOSESA N
MATER SUPPLY. FUTURE98(P " E"~1O 1NIIA N ON-N,,LUSTIA TR G .1
M, ATER L TRACTYOP lNU ROUNOAMV 72O.F.(l
I9SPLA. 0.WATER WITHOAA 17-02.
WATEROSUPPLY ANRDFICALTE MUSANTOFAFA(L2SO)GEMETIO RIA(I OOII .H(�
WIATER.SUPPLTY CO~rNSIDERTNS OSOW1.
MATERO1UAFLTY FO EROPOLITATN PURSUANT TASHFNPGT1ON D.00)SCTIO 0NA LOIGIGLNS 01 .C.
WATER.,ULT PRTPUSUAN OFPPU(LY9 5U SETIOR AGE O1-A2.hO2
MATER:PORNE CUROERCE M1111 INFODTIN COLLFCTIONANDRLEEOF1-
WATERROV COMMER CE, TAISTIC TON 25-0�9.
WATENRE SPPROTERECTOO �R039:A
MATENSOEDPRTCTO oT FLOGUPEVETO ACT OF (NA(FA4O)H �-3
MATEPTANFOS.O RIVER BASINDCMACSPRTANN ICNEATO F2YT
ATRMYAT TES TI-l38 101
MATERH0AY T US SIER CARUPS Il-I-n.
WUT ER.0ALIYS AUTTN GPPRTMFNT TTION (USCAEET US, UMVR O SECING0018(0)GIINFER O39O.Cb.c.
A.TFMAVS SAFETYI IC P" IN7 (PL F200 PCORTS15F A INn 2100,.
WATENMUOSE STUGIF ONF NATIOAL SNCALE..INI EES OF 111.
HUTFRWAOS 5TUYY. N. SATISTICaL (I-It.

WATERWARS. TE INLANOA (1:(,H. ( 0 l� V.

.ATENNA Y USFR CHARGES I-lb

EP 1165-2-1
28 Sep 79
WATERWAYi. INTRACOASTAL 111.A.'
WATERWAYSi SYSTEMS ANALYSIS OF INLAND 11=3.E.
WATERWAYS. USE OF NAVIGABLE 2i.n,,
WETLANDS ?3-1 ,
HWTLANDS CONSERVATION 19,
WETLANDS POLICY IV-o.
WETLANDSI DEFINITION OF I9-nr
WILD AND SCENIC RIVERS P5-=e1
WILD AND SCENIC RIVERS ACT (?2 STAT. OUnA. lb USC 12?7 El SF0.) 21-o .C.(Inl
WILD AND SCENIC RIVERS SYSTEM. NATIONIL ~ ,
WILDLICE AND FISHERIES MANAGEMENT 10'ot,
ILEY-DOONDERO ACT OF 13 RAY 193 11-13MAY,
WITHDRAWAL, WATER L17-3.O.
WORK BY EONTRACT 25-nP01
WORK PERFORMED BY THE CORPS FOR OTHER AGENCTIES 25-n?.
HRCe WATER RESOURCES COUNCIL 02-on 3.
WRECKS AND OTHER OBSTRUCTIONS. REMOVAL nF In-Il.
#RSC, WATER RESOURCES SUPPORT CFNTER oA-nu.c(n ll
ZERO SAJJ eUDGETING (2zee) 07-n1.,.

* U S. . OVERMENT PRINTING OFFICE :1979 632-700/218

1-17