EP 1130-2-540
15 Nov 96
impact to owners will have been mitigated adequately through advance notice and extension of
time to adjust to the fact of their eventual termination.
f. Regional Factors. Those natural and social conditions (i.e., climate, access, visitation
(present and future), land requirements, water depth, length of recreation season, remoteness,
topography, population density, etc.) used in the development of rationale for defining regions
and choosing appropriate management options pertaining to private exclusive use.
g. Management Options. Planned actions or strategies by commanders of each MSC or
district to implement established policies pertaining to private exclusive use at Corps of Engineers
water resource projects.
h. Phasing. Phasing is a "step by step" approach for the eventual removal of private
exclusive use structures. This is a specific type of management option that may be considered
appropriate. As an example, such an approach could be implemented over time through
successive negotiations of appropriate terms and conditions of a series of outgrant renewals upon
expiration of each subsequent term. The objective of this approach is to provide a fair and
equitable means to both the government and the grantee for phasing out existing private exclusive
uses.
i. Private Clubs. A group of individuals who associate for a common purpose, usually in
an organization where benefits are limited to members of the group and not to the general public.
With respect to private clubs on Corps of Engineers project lands, such groups have taken the
form of large corporate developments serving company employees, power boat clubs, sailing
clubs, fishing and hunting clubs, swimming clubs and other like organizations.
j. L/V Factor. L/V = Land/ Visitation = Fee acres Above Normal Pool/Total Annual
Visitation. The most current information as contained in the Natural Resource Management
System (NRMS) will be used for calculating the L/V factor.
k. Timesharing. Timesharing provides a possessory or use right of a specific facility or
piece of personal property for a specified period of time each year for a number of years. Time
share ownership of real property is not possible since legal title is held by the United States.
D-4. General Guidance.
a. Corps policy prohibits the expansion or the development of new private exclusive use
except that permitted under the shoreline management program or authorized outgrant; however,
in some cases, permitting private exclusive use as defined may maximize use of project lands
consistent with the conservation of environmental values and the development of recreational
resources for the public. Such use, however, will be considered a low priority and evaluated
against existing resources and the future need for the higher priority purposes. In some regions,
or at specific projects where public demand for use of available project resources is not
anticipated in the foreseeable future, such use could serve as an interim means to optimize use of
public lands. Leases issued to non-profit organizations under paragraph 8-158 of ER 405-1-12,
do not constitute private exclusive use as defined in this guidance.
b. There is a set of definable regional factors which can be used to assist in screening
projects which could afford interim opportunities for either new or expansion of existing private
exclusive use. These regional factors include remoteness, experienced or projected visitation,
D-2
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