EP 1110-1-24
15 Dec 00
Five Elements of an Institutional Analysis
Jurisdiction of the Agency
Authority Exercised by the Agency within its Jurisdiction
Mission of the Agency
Capability of the Agency
Desire of the Agency to Participate in the Institutional Control
Program
(a) Jurisdiction of the Agency. Federal, state, and/or local government agencies may have
jurisdiction within the area of a project site. The laws governing the existence of the specific agency will
convey this jurisdiction. Tribal governments and commissions may also have jurisdiction within certain
areas. Determining which agency within the various levels of government has the appropriate
jurisdiction for a specific site may prove challenging. In some areas, several agencies may be involved,
depending on the type of institutional control or what specific aspect of an institutional control is being
contemplated. Private agencies do not usually have any jurisdictional authority.
(b) Authority Exercised by a Government Agency within its Jurisdiction. Key questions that must
be asked regarding the authority exercised by a government agency are listed below. Private agencies
usually do not have any enforcement authority other than those provided by normal trespass laws.
What are the limits of the agency's authority?
What is the origin of the agency's authority?
How much control is exercised by the agency?
Does the agency have enforcement authority?
(c) Mission of the Agency. The specific mission of the agency is critical to its ability to implement,
enforce, or maintain an institutional control program. Two critical missions for the USACE in OE
response are public safety and land use control. If USACE can find a similar mission at another
government or private agency, there is reasonable potential that a cooperative institutional control
program can be implemented.
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