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Environmental Stewardship Policy & Procedures

Policy & Procedures

    Army Regulations

    • AR 200-3, dated 28 February 1995
      Natural Resources - Land, Forest and Wildlife Management

    • AR 405-80, dated 10 October 1997
      Management of Title and Granting Use of Real Property
        Prescribes policies for managing titles, granting use of Army-controlled real property to non- Army users, and overseeing unauthorized uses of real propert

    Engineer Pamphlets

    • EP 1130-2-540, dated 15 November 1996 revised 11 August 2008
      Project Operations - Environmental Stewardship Operations and Maintenance Policies
        This pamphlet establishes guidance for the management of environmental stewardship related operations and maintenance activities at USACE civil works water resource projects and supplements ER 1130-2-540, "Environmental Stewardship Operations and Maintenance Policies."

    • EP 1130-2-550, dated 15 November 1996 revised 15 August 2002
      Projection Operations - Recreation Operations and Maintenance Guidance and Procedures

    • EP 1165-2-316 (Title 36)
      Rules and Regulations Governing Public Use of Corps of Engineers Water Resource Development Projects
        This pamphlet governs the public use of water resources development projects administered by the Chief of Engineers

    • EP 200-2-3, dated 30 October 1996
      Environmental Compliance Guidance and Procedures
        This pamphlet establishes guidance for the management of environmental compliance-related operations and maintenance (O&M) activities at U.S. Army Corps of Engineers (USACE) civil works and military projects and facilities and supplements Engineer Regulation (ER) 200-2-3.

    Engineer Regulations

    • ER 1130-2-406, dated 31 October 1990 revised 28 May 1999
      Project Operation - Shoreline Management at Civil Works Projects
        The purpose of this regulation is to provide policy and guidance on management of shorelines of Civil Works projects where 36 CFR Part 327 is applicable.

    • ER 1130-2-540, dated 15 November 1996 revised 11 August 2008
      Project Operations - Environmental Stewardship Operations and Maintenance Policies
        This regulation establishes land management policy for Corps-administered project lands and water, based on various authorizing legislation and the principles of good environmental stewardship.

    • ER 1130-2-550, dated 15 November 1996 revised 15 August 2002
      Project Operations - Recreation Operations and Maintenance Policies
        This regulation establishes the policy for the management of recreation programs and activities, and for the operation and maintenance of U.S. Army Corps of Engineers (USACE) recreation facilities and related structures, at civil works water resource projects.

    • ER 200-2-2, dated 4 March 1988
      Procedures for Implementing NEPA
        Personnel working in the ES business line should be familiar with this regulation, in particular the sections describing which actions typically require an EIS versus an EA, and which actions are categorically excluded from further NEPA documentation.

    • ER 200-2-3, dated 29 October 2010
      Environmental Quality - Environmental Compliance Policies
        This regulation establishes the policy for the management of environmental compliance-related operations and maintenance (O&M) activities at U.S. Army Corps of Engineers (USACE) civil works and military projects and facilities.

    • ER 405-1-12, dated 20 November 1985 revised 15 May 2000
      Real Estate Handbook
        "Real Estate Handbook," this regulation establishes policy for the management and operation of real estate responsibilities on Military and Civil Works Projects, to include encroachments; and issuing, managing, and administering outgrants authorizing the use of this real property.

    Public Law Regulation

    • 95-341, American Indian Religious Freedom Act

    • 93-291, Archaeological and Historical Preservation Act of 1973

    • 100-588, Archaeological Resources Protection Act of 1979 (ARPA)

    • 93-205, Endangered Species Act of 1973
      ESA requires the protection of endangered species and their critical habitat. The Act is based on not only the species but the habitat they depend on.

    • 92-500, Federal Water Pollution Control Act of 1972
      In 1972, Congress passed the Federal Water Pollution Control Act Amendments, better known as the Clean Water Act, "to restore and maintain the chemical, physical, and biological integrity" of the Nation's waters. The Act defined "navigable waters" as "waters of the United States." The legislative history made plain that Congress intended the broadest possible Federal jurisdiction, expanding beyond traditionally navigable waters. Section 404 of the Clean Water Act established a permit program regarding discharges of dredged and fill material.

    • 89-72, Federal Water Project Recreation Act of 1965
      This law was intended to provide uniform rules for the treatment of recreation and fish and wildlife benefits and costs in connection with most Federal water resources projects.

    • 79-624, Fish and Wildlife Coordination Act of 1954

    • 85-624, Fish and Wildlife Coordination Act of 1958
      This law requires the Corps to coordinate with the U.S. Fish & Wildlife Service on civil works projects undertaken by the Corps to insure that fish & wildlife issues are given consideration during the planning and operational phase of a project. The law required preparation of a General Plan during the planning phase to establish who would be responsible for managing wildlife on project lands. In some cases project lands were turned over to USFWS to be managed as a National Wildlife Refuge or were outgranted to a state wildlife agency to be managed for wildlife. In many cases, no other agency took responsibility for fish & wildlife management, thus leaving that responsibility to the Corps in spite of the Corps shadow world authority to manage for fish and wildlife purposes. The Fish & Wildlife Coordination Act requires the Corps to coordinate with the USFWS when moderately significant actions, such as a major outgrant, occur at an operational lake. The coordination generally takes place during preparation of any environmental documentation prepared pursuant to the National Environmental Policy Act, but may also take place during routine actions such as a timber harvest or resolution of an act of trespass involving damage to wildlife habitat.

    • 534-58, Flood Control Act of 1944
      This act authorized the Chief of Engineers to provide recreation facilities at civil works projects in order to fulfill an obvious need. This act did not provide clear direction for fulfilling ES responsibilities but did give the Corps very clear authority to provide recreation facilities. With regard to ES, little was stated except that "No use of any area to which this section applies shall be permitted which is inconsistent with the laws for the protection of fish and game of the State in which such area is situated."

    • , Flood Control Act of 1970
      This law granted the Corps authority to designate certain persons to issue citations for violating the regulations adopted by the Secretary of the Army.

    • 86-717, Forest Cover Act
      The Forest Cover Act provides a mandate for multiple use forest management. It provides "for the protection and development of forest or other vegetative cover and the establishment and maintenance of other conservation measures on reservoirs under his [Chief of Engineers] jurisdiction, so as to yield the maximum benefit and otherwise improve such areas". The Forest Cover Act also provides authority for the Corps to manage project lands and waters for any or all conservation purposes, including fish and wildlife conservation.

    • , National Environmental Policy Act of 1969 (NEPA)
      This law created the requirement for preparation of Environmental Impact Statements and Environmental Assessments on Federal actions. At first, Federal agencies implemented the new law under guidelines promulgated by the newly-created Council on Environmental Quality (CEQ), but in1978 the CEQ published regulations for implementing the procedural provisions of NEPA at 40 CFR Parts 1500-1508. Subsequently, the Corps prepared an implementing regulation, ER 200-2-2, in 1980.

    • 89-665, National Historic Preservation Act of 1966 (NHPA), October 15, 1966
      The NHPA and subsequent amendments (1980 and 1992) Section 110 states "each Federal agency shall establish a program to locate, inventory, and nominate to the Secretary (of Interior) all properties under the agencys ownership." Furthermore, "each Federal agency shall exercise caution to ensure that any such property that might qualify for inclusion is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly."

    • 101-601, Native American Graves Protection and Repatriation Act (NAGPRA)

    • 89-669, Protection of Rare and Endangered Species Act

    • 86-717, The Forest Conservation Act of 1960
      Enacted in 1960, this law comes close to serving as an organic act for the Corps ES business line. The law was somewhat obscure and was not even referenced in the very first edition of ER 1130-2-400 in 1971. Enactment of the law was championed by legislators from southern states where the Corps had acquired significant forested land in the 1950s. These southern legislators, in response to their constituents, expressed concern that the Corps was not practicing forest management on its lands. Thus, the committee version of the law was focused almost entirely on directing the Corps to practice sustained yield forest management on suitable Corps lands. However, in response to comments offered by the Secretary of Agriculture, the final version of the law included much broader language directing that "the Chief of Engineers, under supervision of the Secretary of the Army, shall provide for the protection and development of forest cover or other vegetative cover and the establishment and maintenance of other conservation measures on reservoir areas&&&to yield the maximum benefit and otherwise improve such areas."

    • 93-251, Water Resources Development Act of 1974

    • , Water Resources Development Act of 1986
      This Act provided authority to mitigate for fish and wildlife losses associated with older Corps projects and also established the Section 1135 program whereby improvements to environmental quality could be pursued at existing Corps projects subject to the requirement to cost share the improvement with a local sponsor.

    Executive Orders

    • E.O. 13053, Adding Members to and Extending the President's Council on Sustainable Development

    • E.O. 12855, Amendment to Executive Order 12852

    • E.O. 12948, Amendment to Executive Order 12898

    • E.O. 13080, American Heritage Rivers Initiative Advisory Committee

    • E.O. 13093, American Heritage Rivers, Amending Executive Orders 13061 and 13080

    • E.O. 12630, Constitutional Takings

    • E.O. 12906, Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure

    • E.O. 13089, Coral Reef Protection

    • E.O. , Executive Order on Facilitation of Cooperative Conservation

    • E.O. 11987, Exotic Organisms

    • E.O. 12780, Federal Agency Recycling and the Council on Federal Recycling and Procurement Policy

    • E.O. 13327, Federal Real Property Management

    • E.O. 11988, Floodplain Management

    • E.O. 12965, Further Amendment to Executive Order 12852

    • E.O. 13114, Further Amendment to Executive Order 12852, as Amended, Extending the President's Council on Sustainable Development

    • E.O. 13007, Indian Sacred Sites

    • E.O. 12986, International Union for Conservation of Nature and Natural Resources

    • E.O. 13112, Invasive Species

    • E.O. 12996, Management and General Public Use of the National Wildlife Refuge System

    • E.O. 12852, President's Council on Sustainable Development

    • E.O. 11514, Protection and Enhancement of Environmental Quality

    • E.O. 11990, Protection of Wetlands

    • E.O. 12962, Recreational Fisheries

    • E.O. 11644, Use of Off-Road Vehicles on Public Lands

    Memos

    • 10/19/23 Use of Categorical Exclusions for Civil Works Projects
      On behalf of Mr. Edward Belk, Director of Civil Works, Iā€™m pleased to share the attached memorandum on the "Use of Categorical Exclusions for Civil Works Projects Operated and Maintained by USACE." This memo seeks to reduce barriers associated with efficient implementation of the National Environmental Policy Act (NEPA) for Operations Division. In summary, this memo:
      • Establishes guidance to appropriately and efficiently utilize Categorical Exclusions (CATEXs) as a means to enhance program and project delivery at all USACE-owned lands and facilities.
      • Supports the preparation of CATEXs by appropriately qualified staff from both Operations and the Planning Division of USACE. District
      • Commanders remain the USACE NEPA official responsible for compliance with NEPA for actions within district boundaries. Initiates the collection of NEPA data for Civil Works projects that are operated and maintained by USACE.

      Data on NEPA will be collected through the NRM Assessment platform. The NEPA data collection module will open for data entry on Monday, December 11th and will close on Wednesday, May 1st, 2024. After an initial QA/QC of the data, the module will reopen for year-round entry in order to maintain accurate information on NEPA actions. Two informational webinars will be provided to explain the data collection process through NRM Assessment and answer any questions. Webinar invitations will be shared in the upcoming weeks.

    • November 29th, 2023 from 2:00pm ā€“ 3:00pm Eastern
    • December 7th, 2023 from 11:00am ā€“ 12:00pm Eastern

      The policy memo and instructions for data entry will be posted to the NRM Gateway at
      https://gateway.erdc.dren.mil/nrm/nep a/nepa.cfm

      The POC for this activity is Tara Whitsel, who can be reached via e-mail at Tara.J.Whitsel@usace.army.mil or phone at 814-795-4223.

      Please encourage your staff to participate in the information webinar and complete data entry as this is important to ensuring our compliance with applicable environmental laws.

      Tom
      Thomas P. Smith, P.E., PMP, SES
      Chief Operations and Regulatory, NAD - LRD RIT

    • 09/13/23 CWBI-OPS NRM Annual Update
      I am asking for your full support of our annual NRM update that provides leadership and reviewing agencies such as the Office of Management and Budget (OMB) with data for performance and strategic metrics. Portions of this data are presented at annual budget time to the Secretary of the Army for Civil Works (ASACW) and to OMB. Other data is directly used to help rank budget work packages or provide input to the Civil Works Strategic Plan. I cannot understate the importance of having quality data and encourage extra focus on data quality for this entry period. The field POCs have been notified earlier of this entry period, but I wanted to bring the effort to your attention. I do understand we have pressing work to do each day, but I can assure you this data is used to direct funds, prioritize work, and most importantly tell the NRM program story to those outside the NRM and Operations community. Please review the following bullets which outline the highlights for this year.

      1. As the Civil Works Business Intelligence (CWBI) Hub team continues to migrate OMBIL data entry forms into the CWBI-OPS modules, for FY23, the NRM community (Recreation and Environmental Stewardship Business Lines) will utilize both the NRM-Assessment Tool (https://corpslakes. erdc.dren.mil/employees/nrmassessment/tool.cfm) and CWBI-OPS (cwbi.usace.army.mil) to collect annual NRM data.

      2. CWBI-OPS (Natural Resources Management Modules) will become the primary database of record for all O&M business line data. CWBI-OPS data is used for many different purposes, including decisions concerning facility development, budget development and defense, tracking performance measures, preparation of briefings and fact sheets, asset management, etc. It is used to populate information on the Gateway and numerous other internal and external web sites. CWBI-OPS will continue to serve as a source for many other systems including CWIFD and EDW. Inaccurate and/or incomplete data not only reflects poorly on the Corps and renders a disservice to the public but could also jeopardize the viability of our O&M missions and budget defense.

      3. Training through web meetings will be provided to the field on the system and data entry process as needed and will be announced through the CWBI-OPS District POCs. The schedule for entering data by modules is as follows.

        Recreation PSA Module

        • PSA Detail Information ONLY
        • https://gateway.erdc.dren.mil/nrm/rec-best/nrm.cfm
        • Opens September 15 and Closes October 20 to field entry.
        • District Review is concurrent through October 31.
        • Includes Corps Managed PSA fee information, collection method, and RUDA.

        NRM Module

        • https://gateway.erdc.dren.mil/nrm/rec-best/nrm.cfm
        • Opens September 15 and Closes October 20 to field entry.
        • District Review is concurrent through October 31.
        • Includes Passes, Project Public & Service Roads, Project Trails, Title 18 Offences, Interpretive Contacts, Special Events, Law Enforcement Contracts, and Project Details

        Environmental Stewardship Module

        • https://cwbi.ops.usace.army.mil/ords/f?p=110:1:1014293844103
        • Opens September 15 and Closes October 20 to field entry.
        • District Review is concurrent through October 31.
        • Includes Shoreline Management, Boundaries, Encroachments & Trespasses, Master Plans, Fire Management, Cultural Resources, Pollinators, Vegetation Classification, Land Classification, Invasive Species, and the Federal Special Status Species

        Partnerships and Volunteers Module

      4. I'm requesting your continued leadership support to reinforce the importance of data and to provide "quality assurance" on accurateness and completeness of the data.

      Thank you for all your efforts and if you have any questions, please contact me. My POC on this effort is Dena Williams who can be reach at dena.k.williams@usace.army.mil

      Jeff
      Jeffrey F. Krause
      Chief, Natural Resources Management

    • 08/17/23 Noxious Weed Agreement Delegation and Guidance Memos
      On behalf of Mr. Tom Smith, Chief, Operations and Regulatory, attached are the delegation of authority and the implementation guidance, both signed by the Assistant Secretary of the Army (Civil Works), Mr. Michael Connor, for USACE to establish Cooperative Agreements with State Agencies to manage undesirable plant species on lands under USACE jurisdiction. Please share with your leadership, Commanders and others who work on noxious weed management.

      The delegation memo gives the authority to implement the program to the Program Manager for Land Use and Natural Resources, Mr. Michael Richards, who may further delegate signing authority for Cooperative Agreements to District Commanders. The implementation guidance establishes the Program Manager for Land Use and Natural resources as the approver for requests for Cooperative Agreements under this program. District Commanders will have responsibility for ensuring Cooperative Agreements are administered in accordance with grant and cooperative agreement regulations and guidance.

      In support of this, webinars detailing the Noxious Weed cooperative agreement program will be forthcoming.

      My point of contact for this initiative is Mike Richards, Program Manager for Land Use and Natural Resources, (202)913- 4070, Michael.G.Richards@usace.army.mil.

      Jeff
      Jeffrey F. Krause
      Chief, Natural Resources Management

    Other Policy

 
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