EP 1165-2-1
30 Jul 99
b. If the action must be undertaken in wetlands, include all
practical measures to minimize harm to wetlands which may result from
such use.
c. Preserve and enhance the natural and beneficial values of
the wetlands; and
d. Involve the public early in the decision-making process
for any action involving new construction in wetlands.
The key requirement of the EO is determining whether a practicable
alternative to locating an action in wetlands exists. This requires
the identification and evaluation of alternatives that could be
located outside of wetlands, i.e., alternative sites; other means that
would accomplish the same purpose(s) as the proposed action, i.e.,
alternative actions; and, no action. If there is no practicable
alternative to locating an action in wetlands, the EO requires that
the action include all practical measures to minimize harm to the
wetlands and preserve and enhance the natural and beneficial values,
i.e., the provision of appropriate and justified mitigation.
Provision for Corps compliance with this EO is its incorporation
within Corps planning guidance, as part of the required specific and
general environmental compliance considerations for every planning
investigation undertaken. (See also ER 1105-2-100, Chapter 7)
19-14. Section 150 of the Water Resources Development Act of 1976
(Public Law 94-587). This provision authorizes the Chief of Engineers
to plan and establish wetland areas in connection with the dredging
required for authorized water resources development projects where the
increased cost of such wetland areas will not exceed 0,000. This
provision does not include any requirement for non-Federal cost-
sharing and has been supplanted with the partnership principles
established by WRDA 1986 and Section 204 of WRDA 1992 (See also
paragraphs 19-22 through 19-28 and the most recent guidance on Section
204). Therefore, Section 150 authority will not be pursued.
19-15. Section 307 of the Water Resources Development Act of 1990
(Public Law 101-640). Section 307(a) of WRDA 1990 establishes,as part
of the Corps of Engineers water resources development program, an
interim goal of no overall net loss of the Nation's remaining wetlands
base and a long-term goal to increase the quality and quantity of the
Nation's wetlands, as defined by acreage and function. The Corps
shall utilize all appropriate authorities, including those to restore
and create wetlands, in meeting the interim and long-term goals, e.g.,
the Section 1135 Program, the Section 204 Program, the Ecosystem
Restoration Program, the Natural Resources Management Program, the
Regulatory Program, etc. in an effort to support this provision of
WRDA 1990 and the President's wetland goals as discussed above.
19-16. Consideration of Fish and Wildlife Resources in the Civil
Works Program. Fish and wildlife resources were initially of concern
as being representative of those natural resources most conspicuously
utilized by humans, primarily hunting and fishing. Originally defined
to include only those living natural resources such as terrestrial and
aquatic animal populations, the description of fish and wildlife
resources now includes their required habitat, including the
vegetation, necessary to satisfy feeding, nesting and resting
requirements, along with the necessary soil, moisture and temperature
conditions to sustain the required vegetative communities. Clearly,
our growing knowledge of the linkages among animal and vegetative
19-9
Previous Page
