EP 1165-2-1
30 Jul 99
24-9. Forest Service Lands. The policy of developing recreation as
an integal part of a coordinated overall management plan includes
reservoir projects of the Corps located within or partly within the
National Forest System. District commanders and Forest Supervisors
cooperate at all project stages in accordance with a Memorandum of
Agreement, dated 13 August 1964, by the Secretaries of the Army and
Agriculture. The objective is to meet the public needs of both the
national forest and the water resource projects in a cost efficient
manner. (EP 1165-2-2)
24-10. National Trails System. Public Law 90-543 prescribes
procedures for setting up national recreation and scenic trails.
National recreation trails located near urban areas may be established
by the Secretary of the Interior or by the Secretary of Agriculture
where lands administered by either are involved. National scenic
trails, and extended trails so located as to provide for maximum
outdoor recreation potential, are established by Acts of Congress.
The Corps recognizes that the aesthetic attractiveness of scenic
corridors available on project lands can be enhanced by incorporation
of trails or trail systems. Accordingly, wherever warranted by the
current or potential public use of Corps water resource projects,
consideration is given in planning to the incorporation of trails. In
addition, as part of coordination with NPS, the Corps must identify,
evaluate, and coordinate any impacts to the National Trails System as
a result of proposed or ongoing activities.
24-11. Endangered and Threatened Species. The Endangered Species Act
of 1973 (Public Law 93-205), as amended (Public Laws 95-632, 96-159
and 97-304), states the policy of Congress is that all Federal
departments and agencies shall seek to conserve endangered species and
threatened species and shall utilize their authorities in furtherance
of the purposes of this Act. The purposes of this Act are to provide
a means whereby the ecosystems upon which endangered species and
threatened species depend may be conserved and to provide a program
for the conservation of such endangered species and threatened
species. Section 7 states that all Federal departments and agencies
shall, in consultation with and with the assistance of the Secretary
of the Interior/Commerce, insure that any actions authorized, funded,
or carried out by them do not jeopardize the continued existence of
any endangered species or threatened species or result in the
destruction or adverse modification of habitat...determined by the
Secretary(Interior/Commerce)...to be critical unless an exception has
been granted by the Endangered Species Committee. Additional
guidelines for protection of marine mammals are established in Public
Law 92-522, as amended. Consultation procedures are administered by
the Fish and Wildlife Service (FWS), Department of the Interior, and
the National Marine Fisheries Service (NMFS), Department of Commerce.
Federal agencies must request the FWS or NMFS, as appropriate, to
furnish information as to whether any listed species or designated
critical habitat are in the proposed project area. If the FWS/NMFS
provides listed or proposed species or designated critical habitat,
the agency must prepare a biological assessment to determine if the
proposed project may affect the species or habitat. The biological
assessment must be completed within 180 days. No construction
contract will be awarded before completion of the assessment. Based
on the biological assessment results and other information the agency
shall initiate formal consultation with the FWS/NMFS if listed
endangered or threatened species or designated critical habitat may be
affected. Consultation shall be concluded within a 90-day period (or
other period mutually acceptable to the agency and FWS/NMFS). During
consultation, the agency shall not make any irreversible or
irretrievable commitment of resources that would have the effect of
24-3
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