EP 1165-2-1
30 Jul 99
g. Relationship of Mitigation to Ecosystem Restoration and
Protection. As discussed above in paragraphs 19-2 through 19-6 and in
paragraph 19-16 the Corps focus is upon recognizing the importance of
fully functioning ecosystems. Mitigation deals, in part, with the
concept of ecosystem restoration and protection by its recognition of
the importance of certain features of the ecosystem. Mitigation
addresses these ecosystem features by attempting to eliminate and/or
lessen the impact of our water resource activities upon these
features. Restoration and protection activities, on the other hand,
will often utilize the same techniques as used in mitigation; however,
the purpose of our activities will be to restore some ecological
condition that has been degraded, either by our activities or those of
others. Consequently, the procedures used to justify our activities,
whether they are for mitigation or restoration purposes, will
typically be the same. The only distinguishable difference between
mitigation and restoration activities is when they are applied. This
is further clarified in the discussions that follow on the beneficial
uses of dredged material and the project modifications for improvement
of the environment.
19-22. Consideration of the Beneficial Uses of Dredged Material
Within the Civil Works Program. Section 204 of WRDA 1992 (Public Law
102-580), as amended by Section 207 of WRDA 1996 (Public Law 104-303),
and ER 1105-2-100 recognize that clean dredged materials can be used
as a resource to benefit aquatic ecosystems. Important provisions of
Section 204 include:
a. Section 204(a) authorizes the Secretary of the Army to
carry out projects for the protection, restoration, and creation of
aquatic and ecologically related habitats, including wetlands
(hereinafter referred to as ecosystem restoration and protection
projects) in connection with dredging for construction, operation, or
maintenance by the Corps of an authorized Federal navigation project.
b. Section 204(b) states that projects may be undertaken upon
a finding by the Secretary of the Army that the environmental,
economic, and social benefits of the project, both monetary and
nonmonetary, justify the cost thereof and the project would not result
in environmental degradation.
c. Section 204(c) requires non-Federal interests to enter
into a cooperative agreement in accordance with the requirements of
Section 221 of the Flood Control Act of 1970 and provide 25 percent of
the cost associated with the construction of the project including
provision of all lands, easements, rights-of-way, and necessary
relocations (LERR). The non-Federal sponsor must also agree to pay
100 percent of the OMRR&R costs associated with the project.
d. Section 204(d) states that project costs are limited to
incremental construction costs in excess of those costs necessary to
dredge the authorized navigation project in the most cost effective
way, consistent with economic, engineering, and environmental
criteria.
e. Section 204(e) indicates that in developing and carrying
out a project for navigation involving the disposal of dredged
material, the Secretary of the Army may select a disposal method that
is not the least cost option if the Secretary determines that the
incremental costs of such disposal method are reasonable in relation
to the environmental benefits.
19-17
Previous Page
