EP 1165-2-1
30 Jul 99
f. For those sacred sites which tribes report to Corps
commanders, Corps documentation of the existence and location of these
sites may warrant protection from public disclosure under Exemption 3
of the Freedom of Information Act (FOIA), 5 U.S.C.A.
ss552(b)(3)(1998), and Section 304 of the National Historic
Preservation Act, as amended, 16 U.S.C.A. ss470w-3(a). The former
statute governs matters specifically exempted from disclosure by other
statutes. The latter allows the head of a Federal agency, under
specified circumstances and after consultation with the Secretary of
the Interior, to withhold disclosure of "information about the
location, character, or ownership of the historic resource." In any
event, Corps commanders should not release information on Indian
sacred sites without first consulting with counsel.
3-13. Influencing Legislation. 18 U.S.C. 1913 prohibits the use of
appropriated funds, directly or indirectly, to pay for any personal
service, telegram, telephone, letter, printed matter, or any other
device intended to influence a member of Congress to favor or oppose,
by vote or otherwise, any legislation by Congress. It is the policy
of the Chief of Engineers that the spirit and intent of the referenced
statute be fully adhered to by all Corps of Engineers personnel.
3-14. OMB Circular A-76, 4 August 1983, Acquiring Products and
Services. This circular sets forth the policies and procedures for
determining which method of performance will be used to obtain
services that can be performed in-house using Government resources
facilities or by contract with private sources. The Government's
business is not to be in business. The general policy of the
Government is to rely on competitive private enterprise to supply
necessary goods and services. However, it is recognized that certain
functions are so closely allied with the general public interest that
performance by Federal employees is required. Where private
performance is possible and no overriding factors require in-house
performance, the most economical method is to be chosen. (This is
reinforced and reemphasized in E.O. 12615.) It is the policy of the
Corps of Engineers to adhere to this policy and the Department of the
Army implementing guidance in carrying out its civil works activities.
(ER 5-1-3)
3-15.
Environmental Efforts.
a. Policy. The Corps conducts its civil works program in full
compliance with the NEPA, the CEQ's regulations (40 CFR 1500-1508),
and other environmental statutes and executive guidelines.
b. Chief of Engineers Environmental Award Program. The Corps
conducts a biennial awards program applicable to all field operating
activities (FOA) having civil works and/or military programs
construction responsibilities. This is part of the Chief of Engineers
Design and Environmental Awards Program. The categories of
competition, types of awards, basis of awards, and the procedures are
covered in an annual engineer circular. The objectives of the awards
program are:
(1) Recognize excellence in the design and environmental
achievement of recently completed structures, developments, or
demonstrated research by the Corps FOAs and design firms.
(2) Provide an incentive for design and environmental
professionals to develop new projects which will exhibit excellence in
function, economy, resource conservation, aesthetics and creativity,
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