EP 1165-2-1
30 Jul 99
although not a requirement of the FWCA, full consideration should also
be given to the potential for collaboration with the programs of the
USFWS, the NMFS and the appropriate state fish and wildlife agencies
in order to more efficiently utilize the financial and technical
resources of the parties involved in a manner similar to the process
established under the Coastal America Partnership to which the Corps
is a signatory; both the original MOU, dated 16 April 1992 and the
most recent MOU, dated 12 July 1994.
(2) Subsection 662(b) provides that any reports and
recommendations of the fish and wildlife agencies shall be included in
authorization documents for the construction or for the modification
of water resources projects. The Corps shall give full consideration
to the reports and recommendations of the fish and wildlife agencies,
and include such justifiable means and measures for fish and wildlife
mitigation and/or enhancement as the Corps finds should be adopted to
obtain maximum overall project benefits and that are consistent with
the principals of ecosystem restoration and protection.
(3) Subsection 662(c) authorizes the modification or
additions of structures and operations to water resources projects not
substantially completed as of the date of the Act and to acquire lands
for the conservation of fish and wildlife resources. For projects
authorized prior to the date of enactment, such modifications or land
acquisition shall be compatible with the basic project purposes; the
costs shall be an integral part of the cost of such projects; and the
costs allocated to fish and wildlife conservation may be cost shared
by a non-Federal interest. However, prior to any land acquisition a
report must be provided to Congress and the acquisition authorized in
accordance with subsection 663(c).
(4) Subsection 662(d) requires that the planning,
construction or installation, and maintenance of such means and
measures adopted for fish and wildlife conservation purposes shall be
an integral part of the cost of such projects. The costs associated
with improvements for fish and wildlife conservation shall not extend
beyond those necessary for land acquisition; facilities as recommended
in project reports; modification of the project; and/or modification
of project operations. These costs shall not include the operation of
fish and wildlife facilities.
(5) Subsection 662(e) authorizes the Corps, if construction
is to be conducted by the Corps, to transfer general investigation,
engineering, or construction funds to the USFWS and/or the NMFS, as
appropriate, to conduct all or part of the investigations necessary to
carry out the provisions of Section 662(a). This requirement, along
with those of subsections (a), (b), (d) and (f) are met with the
execution of the 1982 Transfer Funding Agreement with the between the
Corps and the Department of the Interior (USFWS). This agreement
establishes procedures whereby information on fish and wildlife
resources is provided to the Corps for consideration in all
investigations and activities covered by the FWCA.
(6) Subsection 662(f) requires that reports to Congress
include an estimate of the fish and wildlife benefits or losses for
projects, including benefits for measures recommended specifically for
enhancement; that part of the cost of joint-use facilities allocated
to fish and wildlife; and, that part of the cost to be reimbursed by
non-Federal interests.
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