EP 1165-2-1
30 Jul 99
implementation of emergency work, if practicable.
(ER 200-2-2)
a. Notice of Intent. A notice of intent to prepare a draft EIS
is published in the Federal Register as soon as practicable after
reporting officers decide to prepare a draft EIS. (ER 200-2-2)
b. Record of Decision. A Record of Decision is prepared to
document the Corps final decision on a proposed action requiring an
EIS. The Record of Decision identifies the reasonable alternatives;
designates the environmentally preferable alternative or alternatives
and the agency's preferred alternative; the relevant factors including
economic and technical considerations, statutory missions, and
national policy which were balanced to make the decision; and whether
all practicable means to avoid or minimize environmental harm have
been adopted, and if not, why not. (ER 200-2-2)
3-3. Opposition by a State. During the period from project
conception through construction, a governor or other state official
may request termination of a project or delay pending restudy of
modifications or alternatives. The views of the state are given great
weight in actions taken by the Corps as discussed in the following
paragraphs.
a. Projects in Preauthorization Stages. The Corps
traditionally defers to adverse views of a governor on a proposed
project located in his/her state. A favorable recommendation over the
objections of a governor would be justified only if the project: is
physically located in more than one state and provides substantial and
urgently needed interstate benefits; is an indispensable element of a
major river basin plan; or involves compelling circumstances related
to national interest or security. The feasibility report would
contain a full documentation of the governor's opposition and would be
submitted to Congress for its decision.
b. Authorized but Unfunded Projects. Projects in this category
are proposed for deauthorization using the authority of Section 1001
of Public Law 99-662 (paragraph 7-5.b). If not eligible for
deauthorization under Section 1001, consideration is given to placing
them in the inactive category (paragraph 8-4).
c. Projects Funded for Preconstruction Engineering and Design.
If gubernatorial opposition to projects in this stage occurs, the
Corps generally will phase out and suspend planning as long as the
governor remains opposed. Congress is informed during appropriation
hearings. If the project meets one of the criteria in paragraph 3-3.a
the Corps should propose to continue planning. If a project lacks
local support, or if a governor withholds or withdraws necessary
assurances or contractual requirements, planning should cease and
actions taken to classify the project as inactive. The final decision
to terminate planning on projects rests with Congress; the Corps
cannot unilaterally terminate planning.
d. Projects with Construction Funds. Appropriation of
construction funds is a major project milestone, signifying a decision
by Congress to proceed with the project. All non-Federal commitments
have presumably been met, and at that late point a governor's
objection should not, in itself, be the grounds for terminating a
project. As a practical matter, projects that have been funded for
construction but have not proceeded--or have only had minimal land
acquisition--are in a somewhat different status than those actually
under physical construction. If a governor objects before
3-3
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