March 16, 2011
Guidance Pertaining to Real Estate Instruments and Cooperative Agreements and Cooperating Associations
The enclosed memo provides guidance pertaining to real estate instruments and cooperative agreements with cooperating associations. This is further guidance as required by the Chief Counsel's legal opinion dated 25 June 2010. The attached directs that cooperative agreements and leases which are inconsistent with the 25 June 10 opinion and this memo must be rapidly terminated and/or revised to be in accord with this guidance. Joint use and management of recreation facilities is permitted and this further clarifies that, if there is to be joint operation and maintenance on leased lands, the responsibilities of both the Corps and the Cooperating Association must be explicitly addressed in the lease or in a special condition added to the lease.

This memo was signed jointly by the Director of Real Estate and me. It is also being distributed through the Real Estate and Counsel offices.

Thank you.
Michael G. Ensch, SES

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