EP 1165-2-1
30 Jul 99
325).
k. Flood Plain Management. Although a particular alteration
to a flood plain may constitute a minor change, the cumulative impact
of such changes often results in a degradation of flood plain values
and functions and results in increased potential for harm to upstream
and downstream activities. In accordance with the requirements of
Executive Order (EO) 11988, district commanders, as part of their
public interest review, will consider alternatives that will avoid to
the extent possible the long and short term adverse impacts associated
with the occupancy and modification of flood plains.
l. Water Supply and Conservation. Full consideration will be
given to water conservation as a factor in the public interest review,
including opportunities to reduce demand and improve efficiency in
order to minimize new supply requirements. This policy is subject to
Congressional policy stated in 101(g) of the CWA--that the authority
of states to allocate water quantities shall not be superseded,
abrogated or otherwise impaired.
m. Energy Conservation and Development. District commanders
will give great weight to energy needs as a factor in the public
interest review and will give high priority to permit actions
involving energy projects.
n. Navigation. Navigation in all navigable waters of the
United States continues to be a primary concern of the Federal
Government and will be given great weight in the public interest
balancing process.
21-4.
Jurisdictional Limits:
a. The River and Harbor Act of 1899.
With respect to this Act
("Navigable Waters of the United States"):
(1) Rivers and Lakes. Federal regulatory jurisdiction extends
laterally to the entire water surface and bed of a navigable
waterbody, which includes all the land and waters below the ordinary
high water mark. (33 CFR 329.11(a)) At some point along its length, a
navigable waterbody will change its character and lose its real or
potential physical ability to support commerce. That upper limit
point where the waterbody ceases to be a navigable water of the United
States is usually termed the "head of navigation". (33 CFR 329.11(b))
(2) Ocean and Tidal Waters. The Corps regulatory jurisdiction
includes all ocean and coastal waters generally within a zone three
nautical miles seaward from the coast line. For bays and estuaries,
jurisdiction extends to the entire surface and bed of all waterbodies
subject to tidal action. This includes marshlands and similar areas
insofar as those areas are subject to inundation by the mean high
tidal waters. The base line (ordinary low tide line) from which the
territorial sea is measured is specified in the Convention on the
Territorial Sea and the Contiguous Zone. (15 UST 1606; TIAS 5639; 33
CFR 329.12)
b. The Clean Water Act of 1977. With respect to this Act
("waters of the United States") jurisdiction is more extensive than
under the River and Harbor Act of 1899. (33 CFR 328)
c.
Marine Protection, Research and Sanctuaries Act of 1972.
21-7
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