EP 1165-2-1
30 Jul 99
CHAPTER 24
ACTIVITIES RELATED TO PROGRAMS
ADMINISTERED BY OTHER FEDERAL AGENCIES
24-1. General. Originally, Federal functions with respect to water
resources development involved single-purpose projects by specific
agencies with clear-cut divisions of responsibility. Successive acts
of Congress have extended the functions, authorities, jurisdictions
and interests of Federal agencies in different phases of land and
water resources conservation and development. In view of frequent
incompatability among various uses, it is important that maximum
possible coordination be achieved. This is required by legislation
and various Administration directives. Consideration of work for
other agencies is an important factor in preparation of budgets and
capabilities. Authorities and procedures for assisting agencies in
accomplishing activities are discussed in Chapter 22 - Support for
Others. Following are brief summaries of the policies on other agency
activities that are related to Corps programs. See also Appendix D -
Interagency Agreements.
24-2. Environmental Review and Coordination. The Council on
Environmental Quality (CEQ) regulations (40 CFR 1500-1508)
implementing the provisions of the National Environmental Policy Act
(NEPA) of 1969 (Public Law 91-190) require the Federal agency having
primary responsibility for preparing an environmental impact statement
(EIS) to determine whether any other Federal agencies have
jurisdiction by law, a statutorily mandated consultive role, or
special expertise on environmental quality issues. "Jurisdiction by
law" is defined as authority to approve, deny, or finance all or part
of a proposal, and encompasses permits and licenses. "Special
expertise" is defined as statutory responsibility, agency mission or
related program experience. Appendix II of CEQ regulations lists
Federal agencies so defined. The Corps review of another agency's EIS
should be specific and may address either the adequacy of the EIS or
the merits of the alternatives, or both, where the Corps has
jurisdiction by law (Section 10, Section 404, etc.) or special
expertise (flood control, navigation, water supply, etc.). District
commanders are designated as responsible NEPA officials for providing
comments on other agencies EIS's except proposals requiring HQUSACE or
ASA(CW) review. (ER 200-2-2)
24-3. Watershed Protection. The Natural Resources Conservation
Service (NRCS), under authority of the Watershed Protection and Flood
Prevention Act of 1954 (Public Law 83-566, as amended), constructs
dams and implements other measures in upstream watersheds for a
variety of purposes including flood control. The Corps cooperates
fully with the NRCS in carrying out its program and strives to bring
about coordination between the Public Law 83-566 program and the
programs of the Corps. (EP 1165-2-2)
24-4. National Wild and Scenic Rivers System. The National Wild and
Scenic River System was established by the Wild and Scenic Rivers Act
(Public Law 90-542, as amended) to protect the environmental values of
free-flowing streams from degradation by impacting activities
including water resources projects. The system is administered
jointly by the Forest Service, Department of Agriculture, and the
National Park Service (NPS), Department of the Interior. Corps
activities on the streams included in the system are subject to review
by whichever of these agencies is responsible for the specific stream.
Discharges into streams, impoundments, diversions, channel
alterations, and other measures can alter the stream discharge,
24-1
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