EP 1165-2-1
30 Jul 99
(2) Water Resources Development Act of 1976 (Public Law
94-587). Section 150 authorizes the Chief of Engineers to establish
wetland areas with dredged material from water resources projects.
Although Section 150 authority has not been implemented, Section 204
of WRDA 1992 is currently the primary authority for implementation of
projects for the use of dredged material to protect, restore, or
create aquatic and related habitats.
(3) Water Resources Development Act of 1974 (Public Law
93-251). Section 73 states a general policy that, during planning,
Federal agencies will give consideration to nonstructural measures to
reduce or prevent flood damage and that the Federal Government may
participate in the costs.
(4)
River and Harbor and Flood Control Act of 1970 (Public Law
91-611).
(a) Section 122 directed the Secretary of the Army, acting
through the Chief of Engineers, to promulgate guidelines for
consideration of significant economic, social and environmental
effects of proposed water resources developments, so that final
project decisions are made in the best overall public interest.
(b) Section 209 expressed the intent of Congress that the
objectives of enhancing regional economic development, quality of the
total environment, well-being of people, and national economic
development are to be included in the formulation and evaluation of
Federally financed water resource projects.
(5) National Environmental Policy Act (NEPA) of 1969 (Public
Law 91-190). NEPA declared it a national policy to encourage
productive and enjoyable harmony between man and his environment, and
for other purposes. Specifically, it declared a "continuing policy of
the Federal Government ... to use all practicable means and measures
... to foster and promote the general welfare, to create conditions
under which man and nature can exist in productive harmony, and
fulfill the social, economic, and other requirements of present and
future generations of Americans."
Section 102 authorized and
directed that, to the fullest extent possible, the policies,
regulations and public laws of the United States shall be interpreted
and administered in accordance with the policies of the Act.
2-2. Executive Branch. The Executive Branch of the Government is
responsible for implementing the policies and programs established by
law. This branch of Government includes the Executive Office of the
President and the various Federal departments and agencies. The
Department of the Army and the Corps of Engineers are charged by
Congress with the major Federal program of water resources
development. This has been the outgrowth of legislative and
administrative activity over many years. The term "civil works
program" is usually applied to these non-military Corps activities.
The Executive Office of the President, acting directly or through
support offices, specifies policy, principles, methods, standards and
procedures on water and related land resources programs to be used by
Federal agencies in implementing their lawful activities. Executive
policies are generally issued through the Office of Management and
Budget (OMB). Pertinent Executive Orders (E.O.) are listed in
Appendix C. In addition, international commissions, and interagency
councils and agreements have been developed to aid in the
accomplishment of executive policy.
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