Policy & Procedures

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 1165-2-1, dated 30 July 1999
  Digest of Water Resources Policies and Authorities
  This pamphlet provides a brief summary, in digest form, of the existing administrative and legislative water resources policies and authorities pertinent to the Civil Works activities of the Corps of Engineers.
  • Chapter 19, Environmental Restoration and Protection

Engineer Regulations

• 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.
  • Chapter 7, Stewardship Support Program

• ER 200-1-5, dated 30 October 2003
  Environmental Quality - Policy for Implementation and Integrated Application of the U.S. Army Corps of Engineers (USACE) Environmental Operating Principles (EOP) and Doctrine

Public Law Regulation

• 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.

• 1361-1407, Marine Mammal Protection Act of 1972
  The Marine Mammal Protection Act (MMPA) was enacted on October 21, 1972. All marine mammals are protected under the MMPA. The MMPA prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters and by U.S. citizens on the high seas, and the importation of marine mammals and marine mammal products into the U.S. Jurisdiction for MMPA is shared by U.S. Fish and Wildlife Service (Service) and the National Marine Fisheries Service (NMFS). The Services Branch of Permits is responsible for issuing take permits when exceptions are made to MMPA.

• 703-712, Migratory Bird Treaty Act
  The Migratory Bird Treaty Act makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. In accordance with the Migratory Bird Treaty Act, Federal agencies are responsible for protecting migratory birds.

• 42 U.S. Code § 4321, National Environmental Policy Act
  The National Environmental Policy Act (NEPA) was enacted to: declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.

Other Guidance/Policy

• US Fish & Wildlife Service - ESA Interagency Cooperation