1、CECW-AEngineer Regulation1165-2-501Department of the ArmyU.S. Army Corps of EngineersWashington, DC 20314-1000ER 1165-2-50130 September 1999Water Resources Policies and AuthoritiesCIVIL WORKS ECOSYSTEM RESTORATION POLICYDistribution Restriction StatementApproved for public release; distribution is u
2、nlimited.Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-DEPARTMENT OF THE ARMY ER 1165-2-501U.S. Army Corps of EngineersCECW-A Washington, D.C. 20314-1000RegulationNo. 1165-2-501 30 September 1999Water Resources Policies and AuthoritiesCIVIL WORKS E
3、COSYSTEM RESTORATION POLICY1. Purpose. This regulation provides policy on Corps of Engineers involvement in ecosystemrestoration and protection through Civil Works programs and activities. 2. Applicability. This regulation is applicable to all HQUSACE elements and USACECommands having responsibility
4、 for ecosystem restoration programs, authorities, studies andprojects within the Civil Works program. 3. References. a “Regulations for Implementing the Procedural Provisions of the National EnvironmentalPolicy Act,“ 40 CFR Parts 1500-1508, Council on Environmental Quality, 29 November 1978.b. Compr
5、ehensive Environmental Response, Compensation and Liability Act (CERCLA) (42U.S.C.).c. ER 200-2-2, Procedures for Implementing NEPA.d. ER 405-1-12, Real Estate Handbook.e. ER 1105-2-100, Guidance for Conducting Civil Works Planning Studies.f. ER 1110-1-12, Quality Management.g. ER1110-2-1150, Engine
6、ering and Design for Civil Works Projects.h. ER 1110-2-8154, Water Quality and Environmental Management at Corps Civil WorksProjects.i. ER 1130-2-540, Environmental Stewardship Operations and Maintenance Policies,November 1996.j. ER 1140-1-211, Support for Others: Reimbursable Work.k. ER 1165-2-28,
7、Corps of Engineers Participation in Improvements for EnvironmentalQuality. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ER 1165-2-50130 Sep 992l. ER 1165-2-119, Modifications to Completed Projects.m. ER 1165-2-132, Hazardous, Toxic and Radioactive
8、 Waste (HTRW) - Guidance for CivilWorks Projects.n. EP 1165-2-502, Ecosystem Restoration - Supporting Policy Information.o. “Economic and Environmental Principles and Guidelines for Water and Related LandResources Implementation Studies,“ (P distribution unlimited.5. Authorities. National policy con
9、cerning the protection, restoration, conservation andmanagement of ecological resources includes compliance requirements, emphasis on protectingenvironmental quality, and endorsement of Federal efforts to advance environmental goals. a. Study authorities through which the Corps can examine ecosystem
10、 restoration needs andopportunities include: 1) Congressionally authorized studies, pursued under General Investigations(i.e., new start reconnaissance and feasibility studies for single-purpose ecosystem restoration ormultiple purpose projects which include ecosystem restoration as a purpose); 2) G
11、eneralReevaluation Reports, and reformulation opportunities in conjunction with significantPost-Authorization Change Reports; 3) Section 216, Review of Completed Projects (River andHarbor and Flood Control Act of 1970); 4) major rehabilitation of existing projects; and 5) Section22, Planning Assista
12、nce to States (Water Resources Development Act (WRDA) 1974, as amended).b. Authorities through which the Corps can participate in the study, design and implementationof ecosystem restoration and protection projects include: 1) Section 1135, Project Modificationsfor Improvement of the Environment (Wa
13、ter Resources Development Act (WRDA) of 1986, asamended); 2) Section 206, Aquatic Ecosystem Restoration (WRDA 1996 ); 3) Section 204Beneficial Uses of Dredged Material (WRDA 1992, as amended); and, 4) dredging of contaminatedsediments under Section 312 of WRDA 1990, as amended.c. Additional opportun
14、ities for ecosystem restoration and protection may also be pursuedthrough existing project authorities for the management of operating projects; e.g., through watercontrol changes, or as part of natural resources management.6. Policy. Ecosystem Restoration is one of the primary missions of the Civil
15、 Works program. Thepurpose of Civil Works ecosystem restoration activities is to restore significant ecosystem function,structure, and dynamic processes that have been degraded. Ecosystem restoration efforts willinvolve a comprehensive examination of the problems contributing to the system degradati
16、on, andthe development of alternative means for their solution. The intent of restoration is to partially orfully reestablish the attributes of a naturalistic, functioning, and self-regulating system.Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ER
17、 1165-2-50130 Sep 993a. Protection may be included as part of Civil Works ecosystem restoration initiatives, whensuch measures involve efforts to prevent future degradation of an ecosystems structure andfunctions. Such measures are most appropriate if they require Corps engineering expertise inaccom
18、plishing the protection measure. Protection measures can also be undertaken as part of CivilWorks natural resources management, water control management and environmental dredgingactivities. b. Projects implemented under this guidance should address the restoration of ecosystems, i.e.,ecological res
19、ources, and not restoration of cultural and historic resources, aesthetic resources, orclean up of hazardous and toxic wastes. Those restoration opportunities that are associated withwetlands, riparian and other floodplain and aquatic systems are likely to be most appropriate forCorps involvement. P
20、roposals that consist primarily of land acquisition are not appropriate as CivilWorks ecosystem restoration investments. The Corps will focus its restoration efforts on thoseinitiatives most closely tied to Corps missions and areas of expertise. There may be instances wherecomponents of ecosystem re
21、storation problems or opportunities are better addressed by otheragencies through their missions and programs.c. Ecosystem restoration and protection initiatives should be conceived in the context ofbroader watershed or regional water resources management programs and objectives, which mayinvolve co
22、ntributive actions by other Federal and non-Federal agencies and other stakeholders. Corps ecosystem restoration projects should utilize engineering and other technical solutions towater and related land resources problems, with emphasis on improving degraded ecosystemfunction and structure. 7. Cost
23、 Sharing. Per Section 210 of the WRDA 1996, the non-Federal share of the implementationcosts for ecosystem restoration projects will be 35 percent of the project or separable ecosystemelement costs, unless project authorization specifies otherwise. The non-Federal share includespre-construction, eng
24、ineering and design, and construction, or total implementation costs of amultiple purpose project allocated to ecosystem restoration. Non-Federal sponsors shall provide100 percent of the lands, easements, rights-of-way, utility or public facility relocations, and dredgedor excavated material disposa
25、l areas (LERRDs), and operation, maintenance, repair, rehabilitation,and replacement (OMRR no work-in-kindfor post-feasibility phase design, plans andspecifications, materials, or project construction.No more than 80% of the non-Federal share oftotal project costs; can include plans andspecification
26、s, materials, and projectconstruction.The entire sponsor share maybework-in-kind, including plansand specifications, materials, andproject construction.None.Sponsor provided LERRDs4100% 100% of those not available from existingproject.100% 100% of those not availablefrom existing project.OMRR OMRR 2
27、) if there is a long recognized environmental problem that may most efficiently beaddressed as part of the rehabilitation measure; or 3) where concurrent construction of arehabilitation measure and an independent restoration measure may provide economic efficiencies. Proposed changes must be justifi
28、ed and, like any other feature of the project, will compete withProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ER 1165-2-50130 Sep 997other new start projects. In the examination of restoration needs and opportunities, priority shouldbe given to pro
29、blems with longstanding recognition. Additional information on including ecosystemrestoration as part of major rehabilitation is provided in EP 1165-2-502.15. Remediation and Ecosystem Restoration. Guidance on hazardous, toxic and radioactive waste(HTRW) associated with Civil Works projects and faci
30、lities is provided in ER 1165-2-132. Remediation differs from ecosystem restoration in terms of goals and decision frameworks. Remediation, or site cleanup of hazardous, toxic and radioactive waste (HTRW), is typically for thepurpose of meeting some target criteria for contaminants or regulatory con
31、dition related to humanhealth and safety, rather than for ecosystem quality. After remediation, sites may be used for avariety of purposes depending on the goals of the land owners. More detailed information onremediation in conjunction with ecosystem restoration is provided in EP 1165-2-502.a. In i
32、nstances where future site use includes restoration of ecological resources andmaintenance of environmental benefits, it may be possible to pursue ecosystem restoration throughCivil Works authorities and cost-shared projects after the clean up (e.g., for Formerly Utilized SitesRemedial Action Plan (
33、FUSRAP) sites).b. Brownfields. Brownfields are abandoned, idled, or under-utilized industrial or commercialproperties where expansion or redevelopment is complicated by real or perceived environmentalcontamination. Clean up and redevelopment of these sites is typically intended to foster increasedpr
34、operty values, stimulate tax revenues, create job opportunities and revitalize inner-cityneighborhoods. The Corps has not been authorized or funded to address Brownfield redevelopmentneeds, however, there may be opportunities for the Corps to contribute to, or participate inBrownfields initiatives w
35、here site assessment and clean up are integral to an ecosystem restorationproject, or to solving water resources problems related to other Civil Works water resourcesmission areas and existing authorities. There may also be opportunities to participate on areimbursable basis as Support for Others. C
36、orps participation in cost-shared clean up as part ofwater resources development is limited to situations where such participation will not result in theCorps being liable under the Comprehensive Environmental Response, Compensation and LiabilityAct, (CERCLA) (42 U.S.C. 9607(a), or require its invol
37、vement with the Resource Conservationand Recovery Act (RCRA) hazardous waste as defined in 42 U.S.C. 6903(a). Detailed guidance onHTRW consideration for Civil Works projects is contained in ER 1165-2-132. 16. Regulatory Program and Ecosystem Restoration. Coordination with the Corps Regulatoryprogram
38、 personnel is essential to ecosystem restoration planning in order to preclude conflictingactions and to ultimately improve recommendations. The Corps Regulatory program encouragesdevelopment of watershed management plans that protect and restore important elements of aquaticecosystems. Ecosystem re
39、storation planning utilizes broad water resources development andmanagement perspectives which may be useful in regulatory decision making. Additionalinformation on coordinating ecosystem restoration and Corps regulatory responsibilities is providedin EP 1165-2-502.Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
