EP 1165-2-1
30 Jul 99
national objectives, an account for regional development and an
account for social well-being. WRC later revised the P&S for clarity
and conciseness; to emphasize water conservation; and to require, in
investigations of member agencies, formulation of a primarily
nonstructural plan as one of the alternatives displayed. Separately,
WRC also promulgated procedures for NED evaluation and for EQ
evaluation. The WRC revised P&S, and the evaluation procedures were
published, 14 December 1979 and 29 September 1980, as final
administrative rules for the uniform observance of Federal agencies
engaged in level C planning. They were repealed 10 March 1983.
b. Current Policy. On 11 September 1981, a proposal to repeal
the then standing administrative rules (P&S) was published by WRC in
the Federal Register. On 17 September 1981, the President ordered
that agency reports, proposals or plans be consistent with WRC's
existing P&S "or other such planning guidelines for water and related
land resources planning as shall hereafter be issued." (E.O. 12322)
On 22 March 1982 WRC extended the period for comment on the proposed
repeal of the existing rules and published for public comment proposed
new Principles and Guidelines -- full title: "Economic and
Environmental Principles and Guidelines for Water and Related Land
Resources Implementation Studies." Thereafter, on 3 February 1983,
the President approved new principles superseding those incorporated
in P&S. On 10 March 1983 all of the elements of P&S were repealed (48
FR 10250) and notice of adoption and availability of the new
Principles and Guidelines (P&G) issued (48 FR 10259) in the Federal
Register. The effective date of change is 8 July 1983. These WRC P&G
are applicable to Corps implementation studies for civil works water
project plans (and to similar plans of the Bureau of Reclamation,
Tennessee Valley Authority, and the Natural Resources Conservation
Service). They have standing as Administrative Guidelines, not (as
did the P&S) Administrative Rules. The new principles differ from the
previous P&S most notably in that they prescribe a single Federal
objective, national economic development (NED), and do not
specifically characterize other plans that must be in the array of
alternatives considered. They do retain provision for display of
potential impacts in four accounts: NED, EQ, regional economic
development (RED) and other social effects (OSE). The new guidelines
are organized in three chapters: Chapter I - Standards integrates the
new principles into guidelines for carrying out the planning process;
Chapter II - National Economic Development (NED) Benefit Evaluation
Procedures; and Chapter III - Environmental Quality (EQ) Evaluation
Procedures which sets forth one alternative environmental evaluation
system that may be used.
2-4. Judicial Branch. Federal courts clarify and define the
responsibilities and limitations placed on the Corps civil works
activities by Federal statutes and the Constitution. Judicial
decisions have affected civil works policies in several major areas:
basic authority to construct or operate projects; administrative
practices and required factors of consideration in project
construction and operation (including environmental factors); and the
scope and application of regulatory authorities.
a. The Courts. The Federal courts include the Supreme Court of
the United States, the Court of Appeals, and the District Courts in
the eleven Federal Judicial Circuits. Questions of law decided in one
District or Circuit often foreclose similar questions in another
District or Circuit. However, cases regarding the conduct of specific
projects or activities are considered binding only with the District
or Circuit in which the case was decided. The Court of Claims is also
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