EP 1165-2-1
30 Jul 99
measures included in a project for the purpose of environmental
quality, including environmental improvements and fish and wildlife
enhancement, to be at least equal to the costs of such measures. (See
also paragraph 19-23)
c. Section 908 of WRDA 1986 (Public Law 99-662) provides that
the Secretary may undertake mitigation prior to project construction
funding using appropriated mitigation funds. Monies so used must be
repaid to the mitigation fund established under Section 906(b) from
the first appropriation for construction. Section 908 has not been
implemented since normal project funding would allow for the
accomplishment of mitigation features as an early project
implementation item, thus there was no need to establish a separate
mitigation fund.
d. Section 1135 of WRDA 1986 (Public Law 99-662), as amended,
authorizes the Secretary of the Army to modify the structures and
operations of water resources projects constructed by the Corps to
improve the quality of the environment consistent with authorized
purposes; and to undertake measures for restoration of environmental
quality where the construction or operation of a water resources
project built by the Corps has contributed to the degradation of the
quality of the environment and such measures do not conflict with the
authorized project purposes. (See also paragraphs 19-29 through 19-
35).
e. Section 306 of WRDA 1990 (Public Law 101-640) authorizes
the Secretary of the Army to include environmental protection (i.e.,
measures undertaken to protect and preserve elements of an ecosystem's
structure and functions against degradation) as one of the primary
missions of the Corps. Guidance on this provision of WRDA 1990 has
not been specifically developed, as the guidance on ecosystem
restoration is believed to account for the requirements of this
provision.
f. Section 307(a) of WRDA 1990 (Public Law 101-640)
establishes a "no net loss of wetlands" and an "increase in the
quality and quantity of the Nation's wetlands" as goals of the Corps
Civil Works water resources development program. (See also paragraphs
19.10 through 19.13).
g. Section 203 of WRDA 1992 (Public Law 102-580) authorizes
the Secretary of the Army to accept contributions of cash, funds,
materials and services from persons, including governmental entities,
but excluding the project sponsor, in connection with the
implementation of a water resources project for environmental
protection and restoration purposes or for recreation. (See paragraph
11-13.b and ER 1130-2-500, Chapter 11)
h. Section 204 of WRDA 1992 (Public Law 102-580),as amended,
by Section 207 of WRDA 1996 authorizes the Secretary to carry out
projects for the protection, restoration, and creation of aquatic and
ecologically related habitats, including wetlands, in connection with
dredging conducted for construction, operation, or maintenance of an
authorized Federal navigation project. (See also paragraphs 19-22
through 19-28 below).
i. Section 206 of WRDA 96 (Public Law 104-303) authorizes the
Secretary to carry out projects for aquatic ecosystem restoration and
19-6
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