EP 1130-2-540
15 Nov 96
APPENDIX E
DETAILED GUIDANCE FOR REVIEWING
LANDS UNDER EXECUTIVE ORDER 12512
AT CORPS OF ENGINEERS WATER RESOURCE PROJECTS
E-1. PURPOSE. To provide MSCs and districts guidance for reviewing lands under Executive
Order (EO) 12512.
E-2. POLICY. It is the policy of the Corps to efficiently manage those lands at water resource
projects which would be acquired in accordance with the 1971 implementation of the 1962
Army/Interior Joint Acquisition Policy.
E-3. GUIDANCE.
a. EO 12512 surveys will be conducted pursuant to provisions of the Federal Property
Management Regulations (FPMR) (41 CFR part 101-47.8) and Chapter 8 of ER 405-1-12.
b. When establishing or confirming the 1971 implementation guide contour, use updated
rainfall criteria and current methodology in predicting the maximum designed flood. At some
projects, new meteorological data may indicate an increase in the design storm and a requirement
for additional flood control storage capacity.
c. If land is identified as excess, rights-of-way easements should be retained to remaining
Federal lands, if appropriate.
d. Lands not encompassed by the Joint Acquisition Policy will be retained if:
(1) They are leased for park and recreation purposes.
(2) They are licensed for fish and wildlife purposes.
(3) They are identified or nominated for consideration as critical habitat under the
Endangered Species Act.
(4) They were acquired for, or are needed for, formally documented mitigation purposes.
(5) They are existing recreation areas operated by the Corps, or are designed as future
recreation areas in the master plan.
(6) Excessing will not yield a net return to the Treasury. Such costs must be documented
and made part of the survey report.
(7) Excessing will increase the costs of the government to manage remaining project
lands. Such costs must be documented and made part of the survey report.
(8) Excessing will create significant management problems with regard to remaining
project lands. Such management problems must be documented and made part of the survey
report.
e. This guidance does not apply to lands withdrawn from the public domain.
E-1
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