Authorities

There are a large number of ways to pursue ecosystem restoration and protection opportunities, as listed in the text reproduced from ER 1165-2-501. That text also identifies the legislative provisions that provide authorities to do this work. In addition, there have been amendments to some of these laws and several new laws enacted since ER 1165-2-501 was published that may provide additional authorities. The documents in Table 1 describe the authorities as of their publication or last revision date.

Chapter 19 in the "Digest of Water Resources Policies and Authorities" (EP1165-2-1, dated 30 July 1999, Environmental Restoration and Protection Table 1) contains a listing of Environmental Authorities within WRDAs beginning on page 19-4, including directions to more information on each one. That section also includes discussion of how the more "traditional" Corps topics relate to ecosystem restoration and protection, e.g., wetlands and mitigation.

You may want to come back to this table to link to the Internet and the listed documents.

To help select the most appropriate authority, the information is presented in three formats. First is Table 2, "Opportunities to Study as of January 2001," and Table 3, "Opportunities to Implement as of January 2001." Second is text on how Operations elements can participate in ecosystem restoration and protection. Third is Table 4, which summarizes some characteristics of authorities. Information is primarily from ER 1165-2-502.

Congressional authorization is required to seek funding for a study. Either a resolution of the House Infrastructure and Transportation committee or the Senate Environment and Public Works committee or a law (authorization or appropriation) may provide this authority. Only a law may authorize project implementation. In addition to authorizing individual projects, Congress has provided several programmatic authorities that allow for studies and projects to be implemented without additional congressional authorization. Programmatic ecosystem restoration authorities include Section 1135 of WRDA 86, as amended; Section 204 of WRDA 92, as amended; Section 206 of WRDA 96, as amended; and Section 212 of WRDA 99.

While section 312 of WRDA 90, as amended, is a programmatic authority, the two sections 312(a) and 312(b) have different procedural requirements. Each study and section 312(b) project will be specifically funded.

Operations Elements and Participation.

Project managers help identify restoration needs and opportunities for operations and maintenance (O&M) stewardship actions. On project lands, restoration needs and opportunities may exist that may be accomplished through O&M actions conducted under existing project authorities. At other times, authorities such as Section 1135 may be used to accomplish restoration at operating projects. Such needs and opportunities should be in accord with Project Master Plans. Planned actions should be incorporated into Operations Management Plans (OMPs) and budgeted for in accordance with current budget guidance. Special budget requests may also be made and considered.

Section 225 of WRDA 1992, the Challenge Partnerships Program, allows non-Federal public and private groups to "contribute to and participate in the operation and/or management of recreation facilities and natural resources at Corps water resources projects" (Paragraph 6a(2) of EP 1165-2-502). Section 203 of WRDA 1992 "authorizes acceptance of contributions of cash, funds, materials, and services from persons, including governmental entities, but excluding the project sponsor, in support of environmental protection and restoration projects" (Paragraph 6a(3) of EP 1165-2-502). ER and EP 1130-2-500 are the definitive references for information about the Challenge Partnerships Program and Section 203 of WRDA 92. Those references can be found at http://www.usace.army.mil/inet/usace-docs/eng-regs/er1130-2-500/toc.htm,

Project Operations - Partners and Support (Work Management Policies); and http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep1130-2-500/toc.htm,

Project Operations - Partners and Support (Work Management Guidance and Procedures).

For the Regulatory Program, a program overview on the Web describes authorities:

http://www.usace.army.mil/inet/functions/cw/cecwo/reg/program.htm.

While the regulatory activities of the Corps are not ecosystem restoration activities, there are three elements that can be performed in the spirit of ecosystem work.

 Public Interest Review Process

 Watershed Planning

 Mitigation Banking