CECW-ON
Regulation No.
1130-2-540
Department of the Army
U.S. Army Corps of Engineers
Washington, DC 20314-1000
ER 1130-2-540
15 Nov 96
Project Operations
ENVIRONMENTAL STEWARDSHIP OPERATIONS
AND MAINTENANCE POLICIES
Distribution Restriction Statement
Approved for public release; distribution is unlimited.
CECW-0
Pamphlet
No.
1130-2-540
DEPARTMENT OF
THE
ARMY
U.S. Army Corps
of
Engineers
Washington, D.C.
20314-1000
Project Operations
ER
1130-2-540
Change 1
4 November 2002
ENVIRONMENTAL STEWARDSHIP OPERATIONS AND MAINTENANCE
POLICIES
1.
This change 1 to
ER
1130-2-540,
15
Nov
96, adds Chapter 7 to current guidance. It
provides the framework
and
policy for the Stewardship Support Program.
2. Substitute the attached pages as shown below:
Chapter
Table
of
Contents
7
Remove page( s)
ii
Insert page( s)
11
7-1
and 7-2
3. File this change sheet in front
of
this publication for reference purposes.
FOR
THE
COMMANDER:
SCHROEDEL
onel, Corps
of
Engineers
hief
of
Staff
CECW-CO
Regulation
No. 1130-2-540
DEPARTMENT
OF THE ARMY
U.S. Army Corps
of
Engineers
Washington, D.C.
20314-1000
Project Operations
ER-1130-2-540
Change 2
31
July 2005
ENVIRONMENTAL
STEWARDSHIP OPERATIONS AND
MAINTENANCE GUIDANCE AND
PROCEDURES
1.
This change 2 to
ER
1130-2-540,
15
November 1996, adds Chapter 8 to current
guidance.
It
provides the guidance, framework, and policy for the development
of
a
project Fire Management Program.
2.
Substitute the attached pages as shown below:
Chapter
Table
of
Contents
8
Remove page( s)
11
Insert page( s)
11
8-113
3. File this reference sheet
in
front
of
this publication for reference purposes.
FOR
THE COMMANDER:
Colonel, Corps ofEngineers
Chief
of
Staff
CECW-CO
Regulation
DEPARTMENT
OF THE ARMY
U.S.
Army Corps
of
Engineers
Washington, D.C.
20314-1000
ER 1130-2-540
Change 3
No.
1130-2-540
11
August, 2008
Project Operations
ENVIRONMENTAL
STEWARDSHIP OPERATIONS AND
MAINTENANCE GUIDANCE AND
PROCEDURES
1.
This is change 3 to ER 1130-2-540,
15
November 1996 Revises Chapter
8.
It
provides the guidance, framework, and policy for the development
of
a project Fire
Management Program and updates policy in accordance
Section 2012
of
the Water
Resource Development Act
of2007.
2.
Substitute the attached pages as shown below:
Chapter
8
Remove page( s)
8-1/3
Insert page(s)
8-1/3
3.
File this reference sheet in front
of
this publication for reference purposes.
FOR THE COMMANDER:
Colonel, Corps
of
Engineers
Chief
of
Staff
CECW-CO
Regulation
DEPARTMENT
OF THE ARMY
U.S. Army Corps
of
Engineers
Washington, D.C.
20314-1000
ER-1130-2-540
Change 2
No.
1130-2-540
31
July 2005
Project Operations
ENVIRONMENTAL
STEWARDSHIP OPERATIONS AND
MAINTENANCE GUIDANCE AND
PROCEDURES
TABLE OF CONTENTS
Paragraph
Page
CHAPTER 1
- Introduction
Purpose
Policy
Applicability
References
CHAPTER 2
-Natural
Resources Stewardship
Purpose
Policy
1-1
1-2
1-3
1-4
2-1
2-2
CHAPTER
3-
Pest Control Program
For
Civil Works Projects
Purpose
Glossary
Policy
Responsibilities
3-1
3-2
3-3
3-4
CHAPTER
4-
Forest Pest Suppression Assistance at Civil Works Water Resources
Development Projects
Purpose
Policy
Funding
4-1
4-2
4-3
CHAPTER
5-
Shoreline Management at Civil Works Projects
Reserved
1-1
1-1
1-1
1-1
2-1
2-1
3-1
3-1
3-1
3-4
4-1
4-1
4-2
This regulation supersedes Engineer Regulations (ER) 1130-2-400, dated 1 June 1986; 1130-2-
413, dated
16
August 1989; 1130-2-433, dated 30 April1991; and 1130-2-438, dated 26 October
1987.
ER-1130-2-540
Change 2
Paragraph
Page
CHAPTER 6 - Cultural Resources Management
Purpose
6-1
6-1
Cultural Resources Management Policy 6-2
6-1
Cultural Resources Protection Policy
6-3
6-6
CHAPTER 7 - Stewardship Support Program
Purpose
7-1
7-1
Policy
7-2
7-1
CHAPTER 8 - Fire Management Program
Purpose
8-1
8-1
Glossary
8-2
8-1
Policy
8-3
8-2
APPENDIX
A-
References
11
ER 1130-2-540
15 Nov 96
1-1
CHAPTER 1 - INTRODUCTION
1-1. Purpose. This regulation establishes land management policy for Corps administered project
lands and water, based on various authorizing legislation and the principles of good environmental
stewardship. The reader should also see ER 200-2-3 for additional guidance.
1-2. Policy. It is Corps policy to apply principles of good environmental stewardship to the
natural and cultural resources occurring on Corps administered and/or managed lands and waters.
For the Corps the term “steward” shall mean manager of those public resources. Environmental
stewardship shall include both passive and proactive management to sustain healthy ecosystems
and biodiversity, and conserve natural resources, such that Corps lands and waters are left in a
condition equal to or better than their condition when acquired, and such that those natural and
cultural resources are available to serve the needs of present and future generations. Management
plans will be prepared for all Corps administered lands and waters.
1-3. Applicability. This regulation applies to all USACE commands having responsibility for civil
works functions.
1-4. References. See Appendix A.
ER 1130-2-540
15 Nov 96
2-1
CHAPTER 2 - NATURAL RESOURCES STEWARDSHIP
2-1. Purpose. This chapter establishes the policy for the administration and management of
natural resources activities at USACE civil works water resource projects.
2-2. Policy. It is the policy of the Corps of Engineers that:
a. Programs and activities related to environmental stewardship and the management of
natural resources shall implement and be consistent with:
(1) the following mission statement:
" The Army Corps of Engineers is the steward of the lands and waters at
Corps water resources projects. Its Natural Resources Management Mission is to
manage and conserve those natural resources, consistent with ecosystem
management principles, while providing quality public outdoor recreation
experiences to serve the needs of present and future generations.
In all aspects of natural and cultural resources management, the Corps
promotes awareness of environmental values and adheres to sound environmental
stewardship, protection, compliance and restoration practices.
The Corps manages for long-term public access to, and use of, the natural
resources in cooperation with other Federal, State, and local agencies as well as the
private sector.
The Corps integrates the management of diverse natural resource
components such as fish, wildlife, forests, wetlands, grasslands, soil, air, and water
with the provision of public recreation opportunities. The Corps conserves natural
resources and provides public recreation opportunities that contribute to the quality
of American life."
(2) the following program objectives:
(a) To manage natural resources on Corps of Engineers administered land and water in
accordance with ecosystem management principles, to ensure their continued availability.
(b) To provide a safe and healthful environment for project visitors.
b. Project personnel and the operations element, with the coordination of the planning,
real estate and safety elements and the effected publics, shall develop and fully implement project
Master Plans (MP) and Operational Management Plans (OMP) to accomplish the natural
resources program objectives. Specific guidance on the Master Plan and OMP preparation and
implementation processes is provided in Chapter 3 of ER 1130-2-550.
c. Natural Resource Management Activities.
(1) Operations Project Managers are responsible for the completion of natural resources
inventories on Corps civil works projects. Natural resources inventories data shall be available on
all project lands, including outgrants, at Corps civil works projects to provide quantitative and
qualitative data for use in determining resource management needs. The inventory data may be in
a form such that it may be used in information management systems such as the Natural
Resources Management System (NRMS) or a Geographic Information System (GIS). There are
ER 1130-2-540
15 Nov 96
2-2
two types of inventories, Level One and Level Two.
(a) Level One inventories are of a general nature and will be conducted to provide
baseline information for MP purposes. Level One inventory data will be used to support the
resource objectives and land use classifications for the MP. In the absence of identified resource
objectives and/or existing inventory data, a Level One inventory will be conducted. The Level
One inventory shall be conducted in sufficient detail to determine general plant and animal
composition, acreage of dominant vegetative types (such as grasslands, woodlands, and wetlands
among others), soil types, land use capabilities, and the presence of "special status species" and/or
their critical habitat occurring on project lands and waters. "Special status species" include any
species which is listed, or proposed for listing, as threatened or endangered by the U.S. Fish and
Wildlife Service (FWS) or National Marine Fisheries Service (NMFS), under the provisions of the
Endangered Species Act; any species covered by the Migratory Bird Treaty; any species
designated by the FWS as a “candidate” or “listing” species or "sensitive” species; and any species
which is listed and protected by State statute in a category implying potential endangerment or
extinction. The Level One inventory shall be in most cases accomplished using available existing
information which is readily available from a variety of sources (e.g., U.S. Geological Survey
maps, county soil surveys, U.S. Fish and Wildlife Service, aerial photography, Corps real estate
maps, Corps project feasibility documents, State Heritage Offices, etc.).
(b) Level Two inventories are prepared in support of the resource objectives and/or land
use classifications identified in the project MP and the OMP. Level Two inventories are required
for the effective development, execution and evaluation of specific natural resources management
prescriptions. Detailed inventories for "special status species" are Level Two, and these
inventories shall be conducted at frequencies necessary to determine the existence of any new
populations of "special status species" occurring on project lands, or to determine significant
changes in the existing population levels of these species.
(2) "Special status species" and/or their critical habitats that occur on water resources
development projects shall be protected and/or conserved in accordance with the Endangered
Species Act, as amended, and with existing state statutes. Endangered species Recovery Plans
prepared by the FWS and/or NMFS shall be followed in efforts to protect and conserve federally
listed species or their critical habitat on Corps administered lands and waters. See Chapter 2 of
EP 1130-2-540 for procedures on complying with Endangered Species Act. Corps personnel
should cooperate in the management of state-listed and protected species where feasible.
(3) MPs shall be prepared and approved in accordance with Chapter 3 of ER 1130-2-550.
The MP shall document and organize congressionally authorized natural resources management
activities (i.e., established by project specific authorities, as well as general authorities for
stewardship responsibilities) which are to be conducted on the project. MPs shall reference the
legal authorities and responsibilities which guide the project's role within the region, watershed,
and ecosystem. Natural resources related interpretive programs, such as Watchable Wildlife, shall
be identified in MPs by either a specific resource objective and/or land use classification.
(4) OMPs shall be prepared and approved in accordance with Chapter 3 of EP 1130-2-
550 to document: a summary of natural resources inventories and evaluations; the inventory
methodologies used; resource objectives; and site specific prescriptions for the management of
the resources. Specific (Level Two) inventories are developed and conducted to support
approved resource objectives and determine the existence of any "special status species"
occurring on project lands. General (Level One) inventories should be described in the OMP and
ER 1130-2-540
15 Nov 96
2-3
conducted in the absence of resource objectives and/or existing inventory information.
(5) General Plans shall be prepared and approved pursuant to the Fish and Wildlife
Coordination Act, and in accordance with Chapter 2 of EP 1130-2-540. General Plans shall be
prepared when existing project lands and waters are to be used for fish and wildlife purposes
under the administration of other agencies, and for lands acquired specifically for wildlife
mitigation whether managed by the Corps, or other agency. General Plans are not necessary for
other lands and waters managed by the Corps in the interest of good stewardship and
multipurpose use of natural resources. Specific guidance is provided in Chapter 2 of EP 1130-2-
540 on the necessity for General Plans under different operation situations.
(6) Natural resources management activities shall be accomplished through the use of one
or more of the following management concepts: stewardship, mitigation, or enhancement.
(a) Stewardship. Natural resources management through a stewardship concept ensures
the conservation, preservation, or protection of those resources for present and future
generations. Stewardship focuses on sustaining ecosystems. Stewardship shall be applied in a
biological community context, thereby providing protection for the existing species populations,
communities, habitat types and ecosystems. "Special status species" and their habitats shall be
identified and accommodated in the MP and OMP. The application of the stewardship concept
within ecosystems and their component biological communities (such as forests and woodlands,
range and grasslands, and wetlands), including fish and wildlife and soils, is described in the
following paragraphs.
- Ecosystem Management. An ecosystem is a dynamic community of biological
organisms, including humans, and the physical environment in which they interact. Ecosystem
management by the Corps shall be a proactive, goal-driven approach to sustaining ecosystems and
their values. The Corps will manage communities to promote regional environmental values
occurring on project lands toward sustaining ecosystems in which the project lands and waters
occur. Such ecosystems and communities will be identified in resource objectives and/or land use
classifications contained in the MP and the OMP. Preferential treatment will be given to the
management of ecosystems, communities, and habitats identified as having special status species.
- Forest and Woodland Management. The Forest Cover Act provides a statutory
mandate for multiple use forest management, or other vegetative cover management, on project
lands and waters. Forest and woodland management will be applied to develop, maintain, protect,
and/or improve vegetation conditions for timber, fish, wildlife, soils, recreation, water quality and
other beneficial uses. The MP will provide for multiple use forest management wherever
practicable and compatible with other uses of project land. Where applicable, OMPs shall provide
for the continued production and harvest of forest products through sustained yield programs,
reforestation, and accepted conservation practices. Where applicable, the OMP will provide site
specific prescriptions for forest and woodland management.
- Fish and Wildlife Management. Section 2 of the Forest Cover Act provides authority
for the Corps to manage project lands and waters for any or all conservation purposes, including
fish and wildlife conservation. The Corps will conduct fish and wildlife management activities
which seek to maintain populations of targeted wildlife species through the manipulation and
management of habitat. The Corps will coordinate and conduct its program in conjunction with
other Federal, state, and local agencies having fish and wildlife management responsibilities
using a variety of techniques including the placement of artificial structures and other practices.
ER 1130-2-540
15 Nov 96
2-4
Where not managed by other Federal, state or local agencies, the Corps will conduct fish and
wildlife management programs on all project lands and waters which are identified by land
classification and/or resource objective for fish and wildlife management. The MP and OMP will
identify and document the fish and wildlife species that inhabit project lands and waters. Those
species that are to receive management emphasis will be special status species, and those species
specified by laws and national focus plans/agreements such as the Endangered Species Act and
the North American Waterfowl Management Plan. The OMP will include site-specific
prescriptions for the management of fish and wildlife habitat, or for management of a specific
species or species group.
- Grassland Management. Grassland (including range land) management is within the
mandate of the Forest Cover Act. The Corps will provide for the protection and development of
vegetative cover other than forests and woodlands as well as establish conservation measures for
its maintenance. Grassland management techniques will be applied whenever the opportunity
exists to protect native grasslands or prairie, and/or improve vegetative conditions as a soil
conservation, watershed protection, fish and wildlife habitat, or range management practice.
Livestock grazing, haying, crop production and other agricultural activities are tools that may be
used in the manipulation of vegetation and should not be used, or discontinued, where they may
be reasonably expected to destroy or significantly alter plant and animal communities that occupy
a project. The range and grassland management program will comply with the resource
objectives and/or land use classifications stated in the MP and OMP. Where applicable, the OMP
will provide site specific prescriptions for range and grassland management.
- Wetlands Management. The Forest Cover Act provides for the development of other
vegetative cover, such as wetlands, so as to yield maximum benefit and otherwise improve such
areas. Wetlands are those areas inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas. Wetlands will be assigned a resource objective or
wetlands land classification in the Master Plan and the OMP. Existing wetlands will be protected,
conserved, and maintained. On hydric soils (indicating previous wetland conditions)
consideration and management emphasis should be given to returning, operating, and/or
maintaining wetlands for wetland plant communities. Consideration should be given to buffering
the wetland within an adequate amount of land to prevent abuse or loss from adjacent land uses.
The development and maintenance of wetlands should integrate the needs of fish and wildlife and
support national programs and efforts associated with the Endangered Species Act, Section 307
of PL 101-640, EO 11990, and the North American Waterfowl Management Plan. Wetlands
management objectives and practices should be featured in the Master Plan and OMP.
- Soils Management. All land management prescriptions developed for use at water
resources development projects will integrate the constraints and favorable characteristics
associated with specific soil types and land use capabilities. Land uses and conservation practices
recommended by the Natural Resources Conservation Service for each land use capability class
should be carefully considered during the development of MP and OMPs. Where available, an
inventory of soil survey maps will be maintained at project offices and referenced in management
prescriptions contained in the OMPs. Constraints associated with the soils and land use
capabilities of a particular site will be identified and incorporated into Master Plans and OMPs.
The OMP will provide site specific prescriptions for soils management including erosion control,
sediment management, and bank stabilization.
(b) Mitigation. Mitigation measures authorized by Congressional legislation or approved
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by Headquarters compensate for ecological resources unavoidably and adversely affected by a
Corps project. Mitigation includes stand-alone projects; work undertaken concurrently with
project construction; and operation, maintenance, and management of mitigation measures. The
species, habitat, and/or measures identified as mitigation are contained in feasibility reports and
design memoranda submitted as supporting documentation for the project authorization and in
other supporting documents such as special reports to Congress. Mitigation measures that are
cost shared with a local sponsor shall have the appropriate ratio of shared costs identified in the
above reports and documents. Approved mitigation plans and associated measures shall be
incorporated into the MP and OMP.
(c) Enhancement. PL 89-72 provides for the consideration of fish and wildlife
enhancement opportunities at Corps water resources development projects. Enhancement
measures/activities are those measures/activities taken above a stewardship level (i.e. level
required to sustain fish and wildlife resources for the life of the project), and those
measures/activities which produce an increase or concentration of animal numbers for the purpose
of recreational benefits. Enhancement measures/activities are subject to cost-sharing or total
funding by others, in accordance with administrative guidance provided by the Assistant Secretary
of the Army for Civil Works.
(7) Natural Resources Protection. Management activities designed to prevent destruction
of, or to minimize the degradation of, natural resources due to harmful effects of soil erosion and
resultant sedimentation, wildfire, insects, and disease shall be specified in the OMP.
(a) Management activities undertaken for the purpose of repairing or restoring the adverse
impacts of improper or over utilization will be identified in the MP and OMP. Particular attention
should be given to carrying capacities for domestic livestock and human use.
(b) To facilitate the protection of property from fire, the Corps may enter into reciprocal
agreements with appropriate public organizations or agencies. Such agreements may provide for
the reimbursement of any or all costs incurred in furnishing fire control on Corps lands. Such
agreements shall include a waiver from claims for compensation of any loss, damage, personal
injury or death resulting in the performance of the agreement. Authority to approve fire control
agreements is delegated to district commanders.
(c) OMPs will provide for monitoring project lands to determine unacceptable pest
populations. OMPs will reference the requirements in ER 1130-2-540 for annual pest control
plans and for documentation of pesticide use. Specific guidance on the development of natural
resources protection plans is provided in EP 1130-2-540. Where appropriate, districts and/or
projects are encouraged to enter into cooperative monitoring and control arrangements with other
agencies, such has been done with the U.S. Forest Service for monitoring the presence of gypsy
moths (See Chapter 4 of this regulation).
(8) Natural Resources Disposal and Removal. Project natural resources typically
disposed of include forest products, agricultural crops, minerals, sand, gravel and embedded
stone. It is not appropriate to sell project natural resources where there is reason to believe that
such a sale will lead to the destruction or significant degradation of project plant or animal
populations, habitat type, natural or cultural features presently existing on, within or beneath
project lands and waters.
(a) Forest Products. The operations element shall prepare the determination of
availability for forest products to be sold on project lands. The sale of forest products shall be
ER 1130-2-540
15 Nov 96
2-6
administered by the real estate element, in accordance with ER 405-1-12. Minor sales may be
accomplished by the operations project manager on water resources development projects under
the general guidance (ER 405-1-12) issued by the real estate element. Project-wide salvage
contracts may be used to dispose of forest products resulting from insect and storm damage or
recurring activities which require small-scale removal of forest products. Determinations of
availability will contain as a minimum:
- A statement of the purpose of the proposed sale.
- An estimate of the volume of the various products made available and the basis for the
estimate.
- A statement on the accuracy of the estimate to serve as the basis for a lump sum sale (if
forest products are intended to be sold on lump sum basis).
- A listing of voluntary Best Management Practices (BMP) published by State forestry
agencies will be included in the sales contract. Examples of BMPs include seasonal
harvesting requirements, riparian protection zones, maximum log lengths, and
allowable equipment size.
- Provisions for a final joint operations element-real estate element compliance
inspection before release of the contractor at completion of the contract, as required.
(b) Agricultural Crops and Activities. A determination of availability will be prepared by
the operations element for hay, grazing, crops and other agricultural activities to be disposed of
by sale or removed from lease. All hay, grazing, crops and other agricultural sales or leases will
be administered in accordance with applicable sections in ER 405-1-12.
(c) Minerals. ER 405-1-12 sets out policy and procedures on mineral exploration and
leasing. Instruments authorizing mineral exploration or production activities shall include
requirements to protect natural resources identified in the resource objectives and/or land use
classifications presented in MPs and OMPs.
(d) Sand, Gravel, Embedded Stone. Sand, gravel, and embedded stone, which are
generally referred to as common variety minerals are defined as real property (41 CFR Part 101-
47.103-12 (c)). The Secretary of the Army has authority to dispose of these items without
disposing of the underlying Government-owned lands under Department of the Army control.
Determinations of availability prepared by the operations element shall contain conditions to
protect natural resources identified in the resources objectives and/or land use classifications
presented in MPs and OMPs. Guidance for sale of such products is contained in ER 405-1-12.
d. Pollution Abatement Activities.
(1) Solid waste disposal shall be by contract with licensed off-project sanitary collectors
when such a method is economically and administratively feasible. Where practical, arrangements
shall be made for disposal of solid wastes off the project. Where this is not feasible, disposal shall
be accomplished on the project in accordance with Federal, state and local laws.
(2) Continuous vigilance for sources of water, air, visual, and noise pollution in the
reservoir, in stream tributaries thereto, and on project lands shall be maintained. Periodic real
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2-7
estate compliance inspection reports of all outgrants require specific comments regarding the
possibility of pollution as a result of activities of the grantee. Surveillance of industrial,
agricultural, and other operations which are potentially harmful to reservoir waters shall also be
maintained in cooperation with the Environmental Protection Agency (EPA) and other Federal,
state or local interested agencies. Permits for shoreline use shall be issued in accordance with
paragraph f. below and Chapter 5, of this regulation.
(3) Projects shall be operated in a non-polluting manner in accordance with ER 200-2-3.
e. Outgranting of Lands.
(1) Pest management on outgranted lands shall be implemented and managed in
accordance with Chapter 3 of this regulation.
(2) The operations element shall make determinations of availability of project lands for all
outgrants. The operations element shall also be afforded the opportunity to make
recommendations as to conditions of the proposed outgrant and agreement reached on those
conditions prior to the start of negotiation or issuance of a Notice of Availability for Leasing.
(See also Chapter 5 of this regulation and ER 405-1-12.)
(3) The performance of compliance inspections on lands outgranted for road, street,
power line, pipe line, and underground communication line rights-of ways, other uses covered by
licenses and permits, and selected (as delegated by the Real Estate Division) agriculture and
grazing lease areas normally shall be by project personnel. Immediate corrective action shall be
taken at the project level if emergency health and safety is involved.
(4) Real estate personnel shall perform annual compliance inspections on all other
outgranted lands including lands outgranted for commercial concession, public park and
recreation, and fish and wildlife purposes, and selected areas outgranted for agricultural and
grazing purposes.
(5) Areas Relinquished by Non-Federal Interests. See ER 1130-2-550, Chapter 2,
paragraph 2-2.r.
(6) Hotel type accommodations are excluded from any limits on length of stay.
(7) The Corps shall not prohibit non-Federal public lessees from charging differential fees
based on residency, in accordance with that lessee’s established policy. The Corps will not,
however, encourage these lessees to institute such fees.
(8) Human habitation or residency on project fee lands or waters shall not be allowed
except as approved by the District Commander. Construction of facilities conducive to human
habitation shall not be permitted below the top of the flood control pool plus a reasonable
freeboard. Such activity, if permitted would place undue limitations on the proper operation of
the project in view of the Corps responsibility for the safety of people in the area and the orderly
public use of the lake. However, in view of the enactment of Section 320 of the Water Resources
Development Act of 1990, which was intended to prohibit the removal of trailers at concessions
and club sites, at Corps projects, actions to remove those trailers should be terminated unless the
conditions set forth in Section 1134 (d) of Public Law 99-662 are not being met. Existing leases
may be modified as needed to provide for continuation of trailer uses as long as there is
compliance with the conditions of Section 1134 (d).
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(9) Private Exclusive Use.
(a) The Corps policy prohibits the expansion or the development of new private exclusive
use except that permitted under the shoreline management program. However, in some cases, or
at specific projects, private exclusive use may serve as an interim means to optimize utilization of
public lands. Such use will be considered a low priority and is subject to termination when lands
are needed for a higher priority use.
(b) Time share development will not be allowed. If time shares of private exclusive use
have been permitted at a project, action should be taken to phase them out, such as termination at
the end of the current lease.
(c) If a state proposes a recreation development that will include residential development,
the Corps will work with the state to develop legislation that would transfer lands above the
operating pool to the state for residential development on that land.
(d) Regional plans for private exclusive use should be updated to provide for any changes
which result.
f. EO 12512 Surveys. It is the policy of the Corps to efficiently manage those lands at
water resource projects which would be acquired in accordance with the 1971 implementation of
the 1962 Army/Interior Joint Acquisition Policy. EO 12512 surveys will be conducted pursuant
to provisions of the Federal Property Management Regulations (FPMR) (41 CFR part 101-47.8)
and Chapter 8 of ER 405-1-12. Detailed guidance for reviewing lands not encompassed by this
acquisition policy is presented in EP 1130-2-540, as is guidance on excessing Corps lands.
g. Boundary Surveys and Marking.
(1) Permanent type survey markers shall be places at all angle points of the project
boundary except where the land is adjacent to other federal or state lands. At new projects,
boundary lines shall be monumented and delineated on the ground during land acquisition and be
completed as part of the initial project construction. District commanders shall ensure an ongoing
program at each project where the boundary monumentation is not complete; funds required for
surveys, monumentation, and boundary marking will be programmed from maintenance funds
based on budget priorities. MSC commanders shall exercise approval authority for requested
exceptions. Specific guidance on boundary monumentation procedures and techniques is
provided in EP 1130-2-550.
(2) The policy concerning the monumenting of fee boundary lines shall also be applicable
to perpetual flowage easements lands, where encroachments may reasonably be expected from
private development on adjoining lands. Landowner permission is necessary to monument.
(3) Project personnel shall inspect boundaries at intervals sufficient to insure that
boundary lines remain adequately marked and monumented. Inspectors shall identify and
document unauthorized uses of project lands and encroachments. At a minimum, boundary lines
should be inspected every two years. For easement lands, the frequency of inspection and amount
of effort expended shall be a function of individual deed restrictions and the presence of easement
in monumentation.
(4) Fencing shall be used as a management tool to delineate project boundaries where
ER 1130-2-540
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alternative management practices are not sufficient to ensure the safety of project employees and
visitors. Where economically justified, fencing may be used to prevent unauthorized use and
trespass, to protect against environmental degradation, and to preserve desirable wildlife habitat.
The extent and type of boundary fence to be used shall be determined on a project by project
basis. Where fencing is used to delineate project boundaries, adequate provision for pedestrian
access from adjacent land must be provided except where such pedestrian access from adjacent
land will create user conflicts in developed areas, user fee areas, or where access is restricted by
other management requirements.
h. Natural Resources Management Program Staff. (See ER 1130-2-550, Chapter 2,
paragraph 2-2.e.)
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3-1
CHAPTER 3 - PEST CONTROL PROGRAM FOR CIVIL WORKS PROJECTS
3-1. Purpose. This chapter establishes the policy for the management of pest control programs,
including contracted services, at civil works projects.
3-2. Glossary.
a. Bug Bombs and Space Sprays and Other Pre-mixed Sprays. This includes all general
use insecticides which are packaged by the manufacturer in aerosol or pump containers of small
quantities (approximately 16 ounces or less per container), and are available for purchase over the
counter by any person without regard to applicator certification status.
b. General Use Pesticide. Any pesticide that, when applied in accordance with its
directions for use, warnings, and caution and for the uses for which it is registered, or for one or
more of such uses, will not generally cause unreasonable adverse effects on the environment, as
determined and classified by the Environmental Protection Agency (EPA).
c. Integrated Pest Management. A comprehensive approach to pest control or prevention
in which a variety of pest control methods intended to prevent, destroy, or repel a pest are
evaluated to determine their effectiveness, in combination with their degree of impact on the
surrounding environment; and then selecting that management method, or combination of
methods, which causes the least amount of environmental impact while at the same time
accomplishing the specific pest control goals. Examples of these methods include non-chemical
habitat manipulation, mechanical control, biological control, and chemical control.
d. Pest. The term 'pest' means any insect, rodent, nematode, fungus, weed; or any other
form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism
(except viruses, bacteria, or other micro-organisms on or in living man or other living animals),
which the EPA declares to be a pest under section 25 (c)(1) of PL 92-516, The Federal
Insecticide, Fungicide, and Rodenticide Act. State and local agencies may exercise their own
jurisdictional authority and declare additional pests.
e. Pesticide. The term 'pesticide' means any substance or mixture of substances intended
for preventing, destroying, repelling any pest; also any substance or mixture of substances
intended for use as a plant regulator, defoliant, or desiccant. Pesticides include fungicides,
herbicides, insecticides, larvicides, and rodenticides, avicides, molluscicides, piscicides, etc.
f. Restricted Use Pesticide. Any pesticide that, when applied in accordance with its
directions for use, warnings, and cautions and for the uses for which it is registered, or for one or
more of such uses, or in accordance with a widespread and commonly recognized practice, may
generally cause, without additional regulatory restrictions, unreasonable adverse effects on the
environment, including injury to the applicator, as determined and classified by the EPA.
3-3. Policy. It is the policy of the Corps of Engineers to perform integrated pest management on
civil works projects in a manner which provides for the safety of the environment, the public, and
the pesticide applicator.
a. All Corps personnel applying pesticides, either general-use (other than bug bombs,
space sprays and other pre-mixed sprays, and no-pest strips) or restricted-use pesticides, shall be
properly trained and/or certified in the safe methods of application and shall follow all
ER 1130-2-540
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3-2
regulations referenced above pertaining to pesticides and their use. Records of such training
and/or certification will be maintained in official personnel files. Retraining/re-certification of
personnel shall occur within three years in accordance with state or Federal certification
programs. See Chapter 3 of EP 1130-2-540 for additional guidance.
b. All general-use pesticides (other than bug bombs, space sprays and other pre-mixed
sprays, and no-pest strips) applicators shall successfully complete state, or state approved,
training in safe methods of application of general-use pesticides.
c. The use of general-use rather than restricted-use pesticides is encouraged. Under the
provisions of Section 4, PL 92-516 and 40 CFR 171, the Environmental Protection Agency
(EPA) is responsible for certification of Federal personnel applying restricted-use pesticides. To
meet this requirement, the Department of Defense (DoD) has developed an Agency Plan which
satisfies the training and certification required by EPA. Personnel applying restricted-use
pesticides are required to complete restricted-use training and certification as given at Navy
facilities at Jacksonville, Florida, or in Alameda, California; or at the U.S. Army Health Services
Command, Fort Sam Houston, Texas. State training which results in state certification for
restricted-use pesticides may be used in lieu of the above Navy provided training if the state
training meets the DoD requirements as described in DOD 4150.7-M, Plan for Certification of
Pesticide Applicators of Restricted Use Pesticides.
d. Where practicable pest control services should be accomplished through service
contracts. The contractor shall be required to submit proof that contract pesticide applicators are
certified in, or work under the direct supervision of personnel certified in, applying restricted-use
pesticides in the specific state categories commensurate with the work to be performed.
Furthermore, contract specifications will include the clause that an appropriately certified individual
will be physically present at location where the application of restricted-use pesticide is being
conducted. A trained and certified restricted-use pesticide applicator shall approve the use of
restricted-use pesticides prior to their application. Reporting requirements for contracted pest
control services shall be the same as those specified in sub-paragraph 3-3.e and paragraph 3-4.
e. Corps of Engineers policy on vector control is to respond whenever a duly authorized
public health agency declares an emergency health hazard involving Corps managed property.
Nuisance pest and mosquito programs shall only be performed on Corps managed public recreation
areas, or lands adjacent to those areas, operation and maintenance areas, and certain dredge
material disposal areas.
f. All pesticide spills shall be contained and reported in accordance with the District and
Project Oil and Hazardous Materials Spill Plan (see ER 200-2-3), and the appropriate district
element shall be notified as required by the situation. Information on pesticide spills (location,
date, amount, type and cleanup action) shall be collected at the time of the spill. These records and
reports as well as follow-up studies, maps, and inventories shall be maintained as part of the
permanent project land record.
g. Districts shall review their pest control programs to ensure they do not impact
endangered species and their designated critical habitat. (The Endangered Species Act (ESA)
requires that all Federal agencies ensure their actions will not jeopardize endangered or threatened
species and associated habitat.)
h. Personnel Requirements. Pest control duties shall be identified in applicable job
descriptions, performance standards, and job hazard analyses whether they constitute a major duty
ER 1130-2-540
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3-3
or not. Such job descriptions will also note the employees responsibility for using personal
protective equipment and clothing provided, note the requirement for training and/or certification
under PL 92-516 and 40 CFR 171; and for following established health and safety practices and
procedures, including the requirement for periodic medical examinations. Specific guidance on
medical surveillance and training and certification requirements for all personnel directly involved
in pesticide applications is provided in EP 1130-2-540.
i. Pesticides shall be handled in accordance with Federal regulations (40 CFR 165).
Personnel whose duties include supervision of pesticide applicators or administration of pesticide
service contracts shall have a practical knowledge of Federal and state supervisory requirements,
including labeling, record keeping, and application of pesticides. Personnel must adhere to basic
health and safety practices and procedures, including personal protective equipment and clothing,
work area layouts, storage, and application considerations. Specific guidance on the management
of pest control personnel activities, use of pest control agents, and related safety issues is provided
in EP 1130-2-540. Additional guidance is contained in Section II and Appendix A of the U. S.
Army Environmental Hygiene Agency, "Guide for Medical Surveillance of Pest Controllers,"
Technical Information Manual (TIM) 21.
j. Storage of pest control agents shall be in accordance with applicable Federal and state
regulations. Inspection of stored pesticides will be made on at least a quarterly basis. Certified
applicator personnel and safety and fire prevention officers shall perform and record inspections in
accordance with their criteria. Specific guidance on storage requirements is provided in EP 1130-
2-540.
k. Data taken before and after each application of a pesticide shall be recorded at the time
of each application, whether performed by hired labor or contract, and retained at the project
office. Data requirements and retention regulations are provided in EP 1130-2-540.
l. Pesticide Disposal.
(1) Permissible disposal methods for excess pesticides will vary from one location to
another based on availability of approved pesticide incinerators and specially designated landfills.
Consultation on proper disposal procedures should be accomplished with the appropriate state and
Federal agencies. Records shall be maintained permanently on any pesticide disposal. Refer to 40
CFR 165 Subpart C and TIM 21 for information on proper disposal methods. Project facilities will
not accept storage or disposal of pesticides collected by the civilian community.
(2) Pesticides in deteriorated containers shall be transferred to approved clean containers
which are lined to protect against chemical reaction. Different formulations of the same pesticide
shall not be placed in the same container. Replacement containers will be labeled to include the
name and strength of the pesticide formulation, the registration number, and other pertinent
manufacturing data (e.g., log number, date of manufacture, and expiration date, and all hazard
warning information including hazards, exposure symptoms, control measures, emergency medical
procedures and the manufacturer's point of contact in case of an emergency) from the original label
(see 40 CFR 165.10 and TIM 21).
m. In an effort to reduce the use of chemicals and assure effective use of appropriate
control techniques, pest control managers shall keep abreast of current integrated pest
management technology, and when prudent, efficient and effective, utilize options other than
chemical control of pests, including mechanical vegetation control and biological pest control.
Some sources of this type of information are the Waterways Experiment Station (WES), the
ER 1130-2-540
15 Nov 96
3-4
Aquatic Plant Control Operations Support Center (APCOSC), local extension offices, and
universities.
3-4. Responsibilities.
a. The MSC Commander is responsible for providing guidance on Federal policies and
regulations on pest control. This shall include close coordination with Environmental Protection
Agency Regional Offices in order to comply with the regulatory requirements for operational uses
of pesticides, or other control methods, and for the protection of endangered species.
b. The District Commander is responsible for implementation of the program and
providing for the training and certification of pest control personnel, safe use of highly toxic
materials, proper applications of pesticides, and compliance with all applicable Federal and state
regulations regarding pest control. The District Commander shall designate a trained, single point
of contact (POC) for the management of the District pest control program. District programs shall
be reviewed for the selection of suitable pest control agents, up-to-date and economical methods
of control, and the proper use and maintenance of pest control equipment. The District office is
responsible for maintaining a current listing of suspended, canceled, and restricted-use pesticides.
c. Field offices shall prepare and submit to their district office, by 15 December of each
year, Annual Pest Control Plans which detail descriptions of their anticipated use of pesticides
during the upcoming calendar year for review and approval by the designated district POC. Field
offices shall also prepare and submit to the designated district POC, by 30 January of each year, an
accounting of the actual pesticide usage during the previous calendar year. In areas where there is
minimal winter pest control activity, both annual reports may be submitted by 15 December.
Districts may develop a list of certain chemical products which are widely and routinely available
"over the counter" to the general public, and pre-approve these products thus making them exempt
from the requirement to secure preapplication approval prior to their use. Such chemical control
agents may include products such as ant and roach sprays, bee sprays, bug bombs, no-pest strips,
rodent poisons, weed and feeds, and all other general use pre-mixed weed killers or insecticides
sold in small, ready to use quantities. Pesticides approved in the annual plan must be applied
according to the pesticide label. Pesticide uses which are different from the uses identified on the
label must be approved by the EPA. The requirement for end of the year accounting of actual
pesticide usage to the district office and post-application documentation will be retained for these
products with the exception of bug bombs, space sprays, and no-pest strips.
d. Each new or renewed lease, license, easement, or permit shall contain a provision
requiring the grantee to comply with all Federal, state and local laws, and rules and regulations
relating to the use of pesticides. Information, records, and data on the proposed and actual use of
pesticides by grantees or their designated representatives on outgranted areas during the year, shall
be provided to Real Estate Division as a part of their annual management plan. In addition to the
type and quantity of pesticide and the location of the proposed application, the grantee shall
provide assurances that all applicators are appropriately licensed to apply the pesticides intended
for use. Where an annual management plan is not required by the terms and conditions of the
outgrant, the Real Estate Division shall notify the grantee on outgrants administered by Real Estate
Division that authorization is required through the Real Estate Division before any pesticides are
applied on the outgranted areas. Real Estate Division is responsible for providing the proposed
and actual use of pesticides to the District Pesticide POC by 31 January of each year. Field offices
shall be furnished a copy of the proposed and actual use pesticides by the district POC as
information is received from Real Estate Division.
ER 1130-2-540
15 Nov 96
4-1
CHAPTER 4 - FOREST SERVICE PEST SUPPRESSION ASSISTANCE AT CIVIL WORKS
WATER RESOURCES DEVELOPMENT PROJECTS
4-1. Purpose. This chapter establishes the policy for consistent USACE (civil works) involvement
under the Memorandum of Agreement (MOA) between the U.S. Department of Agriculture
(USDA) and U.S. Department of Defense (DoD) for assistance in the conduct of forest insect and
disease suppression on lands administered by the U.S. Department of Defense.
4-2. Policy. It is the policy of the Corps of Engineers that:
a. The requirements of this chapter are mandatory for those districts seeking pest
suppression funding support from the USDA Forest Service. Program participation remains,
however, voluntary.
b. In accordance with the MOA, MSC and district commanders shall cooperate fully with
the USDA to prevent and suppress damaging forest insect and disease outbreaks. Specific
program implementation guidance, sample reports, Forest Service technical assistance points of
contact (POC) and an abbreviated list of pests applicable under this program are located in Chapter
4 of EP 1130-2-540.
(1) During initial program implementation, each participating district shall designate a
POC to address all matters relating to forest pest surveillance and suppression on civil works
projects. All MOA reports associated with forest pest surveillance and suppression programs at
cvil works projects shall be prepared and submitted in accordance with the MOA and Forest
Service Form FS-3400-2 guidelines, which are also found in EP 1130-2-540.
(2) The district POC shall request assistance in a timely manner from the nearest Forest
Service Regional Forest Pest Management (FPM) Office, if the need for forest pest or disease
suppression under this program is anticipated in the up-coming year. The criteria outlined in
section 4.b.(4) of the MOA shall determine whether suppression activity is appropriate.
Suppression may consist of biological, chemical, or mechanical treatments or techniques, or
combinations of these. Procedures for developing a "Pest Management Project Plan," using Forest
Service Form FS-3400-2 are presented in Chapter 4 of EP 1130-2-540.
c. Training. Under the terms of the MOA, the USDA Forest Service is responsible for
providing training opportunities for DoD personnel in techniques for the prevention, detection and
suppression of destructive forest insects and diseases. Participating district POCs shall determine
training needs on an annual basis and recommend personnel involved in managing forest resources
at civil works projects for training. The district POC shall request such training from the Regional
FPM Office of the Forest Service far enough in advance that it may be included in the District
Annual Training Needs Survey. Guidance on requesting and funding of training is provided in EP
1130-2-540; general pest management program guidance is provided in Chapter 3 of this
regulation.
4-3. Funding. The Cooperative Forestry Assistance Act of 1978, PL 95-313 authorizes the
UDSA Forest Service to allocate funds to other Federal land management agencies for suppression
of forest insect infestation and disease epidemics.
a. Requests for Forest Service funding assistance shall comply with the milestones for
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15 Nov 96
4-2
forest pest suppression projects established by the Armed Forces Pest Management Board
(AFPMB), as provided in Chapter 4 of EP 1130-2-540.
b. Lack of USDA Forest Service funding for a particular Corps suppression project does
not prohibit Corps funding of the project using Operation and Maintenance, General funds if good
stewardship practices dictate. An example would be a sudden forest insect infestation or outbreak
of disease requiring immediate suppression. In such cases, Operation and Maintenance, General
funds may be used in lieu of USDA Forest Service funds.
ER 1130-2-540
15 Nov 96
5-1
CHAPTER 5 - SHORELINE MANAGEMENT AT CIVIL WORKS PROJECTS
Reserved
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15 Nov 96
6-1
CHAPTER 6 - CULTURAL RESOURCES STEWARDSHIP
6-1. Purpose. This chapter establishes the policy for the management and protection of cultural
resources at operating civil works water resources projects for which the U. S. Army Corps of
Engineers is responsible.
6-2. Policy.
a. Curation and Management of Archaeological Collections.
(1) Mandatory Center of Expertise (MCX). The Corps MCX for Curation and
Management of Archaeological Collections at St. Louis District shall manage Corps-wide curation
needs assessments and design services for the curation of archaeological collections. The MCX
shall review the status of Corps-wide curation of collections and associated documents and ensure
USACE compliance with the provisions of 36 CFR Part 79 (Curation of Federally-Owned and
Administered Archaeological Collections). Costs for compliance with the Native American Graves
Protection and Repatriation Act (NAGPRA) will be handled through the annual budget request
process established by the MCX. The MCX in coordination with the Curation Field Review
Group (CFRG) will review these requests, prioritize them, and provide funding to districts based
on the funding priorities established. The MCX has established standard operating procedures
which detail its responsibilities.
(2) Data and Material. Data and material from historic properties (defined as any
prehistoric or historic district, site, building, structure, or object included in, or eligible for
inclusion in, the National Register of Historic Places) that could be impacted as a result of civil
works undertakings shall be investigated, evaluated, recovered, and preserved. Specific guidance
on collection management is provided in EP 1130-2-540.
(3) Collection Availability. District commanders shall ensure that collections are available
for scientific and educational uses by qualified professionals, including access for study, loan, and
use for such purposes as in-house and traveling exhibits, teaching, public interpretation, scientific
analysis and scholarly research. Human skeletal material shall not be placed on display or exhibited
for public viewing in any fashion. At the discretion of the Commander, collections may also be
loaned for religious uses by interested groups with a demonstrated affiliation to the materials in the
collection. District commanders are also responsible for consultation with Native Americans and
repatriation of human remains and associated funerary objects to appropriate Indian tribes or
Native Hawaiian organizations as required by NAGPRA.
(4) Cost Estimates. Line item cost estimates for collections management and curation
shall be included in all cost estimates prepared for investigations that will result in collection of
material remains and associated records.
(5) Tribal Consultation.
(a) Consistent with PL 95-341, American Indian Religious Freedom Act and PL 103-141,
Religious Freedom Restoration Act of 1993, commanders shall consult with affected tribes,
groups, or individuals regarding appropriate action for project effect upon sacred sites, important
to the practice of traditional Native American religion. Native American consultation topics may
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6-2
include, but not be limited to, access to sites, use and possession of sacred objects, freedom to
worship unburdened except when there are compelling government interests, and suitable
preservation measures.
(b) NAGPRA requires Federal agencies to compile documentation on specific materials in
archaeological collections and consult with recognized Indian tribes on these efforts. Section 3 of
the Act also requires tribal consultation when cultural items, as defined by the Act, are
inadvertently discovered in federally controlled or owned lands.
(c) Tribal consultation pursuant to cultural resource law may require, but not be limited to,
Native American and/or Native Hawaiian attendance at meetings, on-site visits, and the sharing of
information akin to intellectual property. Commanders shall ensure that Native
Americans/Hawaiians who are invited to participate, by the Corps, in consultation proceedings
receive appropriate compensation for their activities. Existing authorities allow for the preparation
of Invitational Travel Orders and the issuance of purchase orders, not exceeding $2,500.00, for the
purpose of sharing critical information important for the furtherance or completion of consultations
required by Federal laws.
(6) Repatriation.
(a) Cultural items, as defined by NAGPRA, may be repatriated or provided for reinterment
to recognized Indian tribes or Native Hawaiian Organizations. Prior to repatriation, commanders
must meet the procedural requirements established by NAGPRA and repatriation claims must
satisfy the conditions of authenticity established by the Act. At the request of a recognized Indian
tribe or Native Hawaiian Organizations, the Corps of Engineers may assist in the reinterment of
NAGPRA cultural items.
(b) Undertakings by the Corps which may result in the discovery of cultural items are
subject to the provisions of Section 3 of NAGPRA, including the potential for repatriation and
reinterment of specific items. Specific guidance on repatriation and reinterment of human remains
and associated funerary objects is provided in EP 1130-2-540 and 43 CFR Part 10, Final Rule
implementing NAGPRA.
(7) State of Origin. Except as may be required by special management purposes, every
effort shall be made to curate and manage archaeological collections within their state of origin.
b. Cultural Resources Management Plans. In accordance with provisions of the
Archaeological Resources Protection Act (ARPA) of 1979, as amended, and the National Historic
Preservation Act (NHPA) of 1966, as amended, district commanders shall ensure that a Cultural
Resources Management Plan (CRMP), where appropriate, is developed for USACE projects.
Specific guidance on the content and format of the plan is presented in EP 1130-2-540.
(1) Lands Held In Fee Title. Consistent with the CRMP or other management
requirements, the District Commander shall implement a program, upon availability of funds, to
accomplish an inventory of historic properties and site evaluation at each civil works water
resource project under his/her jurisdiction and administration to comply with Section 110(a)(2) of
the NHPA. Historic properties located on civil works water resource project fee owned lands shall
be managed and maintained in a way that considers the preservation of their historic,
archaeological, architectural and cultural values in compliance with Section 106 of the NHPA and
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6-3
gives special consideration to the preservation of such values when historic properties have
significance.
(2) Lands Held In Less Than Fee Ownership. On lands held in less than fee by the Federal
government, but under Corps of Engineers jurisdiction, the District Commander shall give full
consideration in planning for the preservation of historic properties that may be potentially affected
by Corps activities. If Corps action will impact the property, the Corps shall be empowered to
acquire necessary real estate interests to enable it to carry out the intent of Congress in mitigating
adverse impacts to historic properties resulting from Corps activities.
c. Surveys on Corps Leased Lands. The responsibility for compliance with ER 405-1-12
rests with the Corps when real estate grants are proposed for lands that have not been examined
for historic properties. However, the District Commander may allow or require the grantee to
conduct necessary surveys at his own convenience and expense. Where the grantee assumes
responsibility for conducting such investigations, the proposed plan of action and choice of
investigator shall be approved by the District Commander.
d. Historic Properties FDM. When the construction of new, or major modification of
existing, civil works projects will result in major impacts on significant historic properties, a
Feature Design Memorandum (FDM) shall be required. This FDM shall be a major management
tool guiding the proper treatment of historic properties throughout the Construction and initial
Operational phases. FDMs shall be fully coordinated with Construction, Operations, Real Estate,
and other Divisions to ensure compatibility among these elements. It is expected that a Historic
Properties FDM may be required only in the event of one or more of the following:
(1) the project will require mitigation of an unusually large number, or a number of
unusually complex, historic properties beyond that previously anticipated; or
(2) a significant Post-Authorization Change (PAC) in the project which dramatically alters
the anticipated number or type of historic properties to be affected; or dramatically increases the
estimated cost or scope of the anticipated historic properties mitigation plan; or increases
mitigation costs above the one percent limitation such that specific Congressional authorization or
waiver of the one percent limitation is required.
6-3. Cultural Resources Protection Policy.
a. Site Location Disclosure. In accordance with Section 9 of the ARPA (16 USC 470 hh)
and Section 304 of the NHPA (16 USC 470 w-3), commanders shall restrict access to associated
records that contain information relating to the nature, location, or character of a prehistoric or
historic resource unless the commander determines that such disclosure would not create a risk of
harm, theft, or destruction to the resource or to the area or place where the resource is located.
b. ARPA Permits. Requests by other agencies or persons to conduct historic or
archaeological investigations of any type on Corps managed or controlled lands, sites, or
properties, shall be in accordance with the requirements of guidance which implements the permit
requirements of ARPA. Procedures for the development of permit requests as well as review and
approval of permits for these investigations can be found in ER 405-1-12.
(1) Although not subject to the civil or criminal penalties of ARPA, the collection of
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6-4
arrowheads or other artifacts from the surface of the land for private purposes without a permit
shall be prohibited.
(2) ARPA permits are not required by Corps personnel acting in an official capacity, or by
Corps contractors pursuant to contract requirements.
c. Enforcement.
(1) Violators of protected properties shall be prosecuted under 36 CFR Part 327, 14(a),
which provides protection for historic properties and public property, or ARPA.
(2) Enforcement under 36 CFR Part 327, Title 36, Part 327.14(a), provides protection for
historic properties and public property, although the maximum fine for the offense, if convicted, is
$5000.00 and/or six months imprisonment. Since the value of historic properties and associated
costs resulting from unauthorized activities sometimes exceed the maximum fine under Title 36,
the enforcement actions necessary to investigate, prepare cases, and apprehend violators may be
more appropriately handled by others under provisions of the Archaeological Resources Protection
Act.
(3) ARPA provides for criminal penalties up to $100,000 and/or five years imprisonment,
and allows for forfeiture to the Federal government of equipment and vehicles used in
unauthorized activities. In addition, civil penalties may be assessed to recover Federal costs in
repairing or restoring historic properties, accomplishing research, and preparing reports. For
ARPA enforcement actions and investigations, commanders shall follow procedures outlined in ER
190-1-50 to obtain services of the Criminal Investigation Command (CID). Commanders may also
seek counsel and assistance from the appropriate U.S. Attorney and obtain services of the
appropriate U.S. Marshal for immediate attention to suspected or known felony acts.
d. Use of Metal Detectors on Water Resource Projects. The use of metal detectors shall
be allowed on beaches, or other previously disturbed areas, that do not contain or would not
reasonably be expected to contain archaeological, historical, or paleontological resources. Digging
shall be limited to hand tools that can be used by one hand only. Hand tools shall be limited to
four (4) inches wide and twelve (12) inches long. District commanders are authorized to restrict
metal detector use in these areas, until completion of a cultural resources survey. If upon
completion of the survey, archaeological, historical, or paleontological resources are found, district
commanders are authorized to restrict the use of metal detectors in these areas.
e. Found Items. Nonidentifiable items, such as coins (of nominal value less than $25) that
are found, with or without the aid of a metal detector, do not need to be deposited with the
Operations Project Manager or a Ranger. All identifiable items, such as rings, watches, etc., or
items of greater than nominal value (i.e., $25 or greater) shall be deposited with the Operations
Project Manager or a Ranger for disposition in accordance with 36 CFR Part 327.15, 36 CFR Part
327.16, and subsequent revisions. All archaeological, historical, or paleontological items found
shall be deposited with the Operations Project Manager or a Ranger.
f. In addition to the requirements of ARPA, the Federal land manager should refer to the
Native American Graves Protection and Repatriation Act (PL 101-601) and its implementing
regulations (43 CFR Part 10) for the disposition of the lawful removal of human remains and the
items (funerary objects, objects of cultural patrimony, and sacred objects) as defined in the Act
ER 1130-2-540
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and for the procedures to follow those cases where human remains are discovered.
FOR THE COMMANDER:
1 APPENDIX
OTIS WILLIAMS
See Table of Contents
Colonel, Corps of Engineers
Chief of Staff
6-5
CHAPTER
7-
STEWARDSHIP SUPPORT PROGRAM
ER
1130-2-540
Change 1
4 Nov 02
7-1. Purpose. This chapter establishes policy for the administration and management
of
the U.S. Army Corps
of
Engineers (USACE) Stewardship Support Program (SSP).
7-2. Policy.
a.
The Stewardship Support Program shall provide a strategic plan for identifying
USACE national natural resources stewardship program priorities and addressing those
priorities through management actions, policy, and research.
b. The
SSP is designed to provide support for natural resources stewardship issues
or initiatives that have a broad applicability to many USACE Civil Works projects.
Reimbursable
work
is not normally within the scope
of
the SSP. However, issues or
initiatives that are limited in applicability can
be
addressed
on
a reimbursable basis with
funding provided
by
the local project. The three basic components
of
the SSP are:
(1) Management Actions. Management actions are any activities to implement a
course
of
action or practice within field office activities, a region,
or
nationwide.
Examples
of
management actions might include developing/ assembling an array
of
management practices for establishing riparian habitat,
or
creating a forum to share
common experiences,
build teams, and disseminate information.
(2)
Policy. Policy is any activity relating to development and/
or
implementation
of
guidance. Examples
of
policy actions might include recommending and formulating
policy guidance to facilitate cooperative agreements with stewardship non-governmental
organizations,
or
amending the annual Budget Engineer Circular to provide emphasis
on
conducting inventories
of
regionally or nationally significant resources.
(3) Research. Research is any activity necessary to determine new information
of
regional or national significance. Examples
of
such research might include the U.S. Fish
and Wildlife Service Toxicology Lab research
on
Avian Vacuolar Myelinopathy, riparian
corridors research being conducted
by
the U.S. Army Engineer Research and
Development Center,
or
assembling studies
on
management
of
threatened and
endangered species.
c.
An
eighteen member Stewardship Advisory Team (SAT) shall be established to
provide oversight
of
the Stewardship Support Program. Voting members
of
the SAT will
consist
of
representatives from Division (8), District (4) and Project (4) offices. Two
non-voting members will represent Headquarters
USACE (HQUSACE) and the U.S.
Army Engineer Research and Development Center (ERDC). The SAT will evaluate all
proposals for funding within the SSP and will recommend funding priorities to the
HQUSACE, Natural Resources Management Branch (CECW-ON). The SAT will
meet.
semi-annually during each fiscal year, preferably during the spring and fall. HQUSACE
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ER
1130-2-540
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4Nov02
and ERDC will participate in all SAT meetings. Specific information
on
the duties,
organizational composition and nomination process is provided in Chapter 7
of
EP
1130-
2-540.
d. The
SAT will support strategic planning for the USACE Environment-
Stewardship Business Program and will serve
in
an active advisory role to the Chief,
Natural Resources Management Branch in
HQUSACE.
e.
Duties
of
SAT members will
be
included as
an
element in each member's annual
performance plan.
f.
The Stewardship Support Program is funded
by
the O&M General appropriation.
(Centralized funding for salary, travel and
per
diem will not normally
be
provided to SAT
members.) HQUSACE will provide conceptual approval (subject to the availability
of
funds) for all new starts and other program funding adjustments
by
July
of
each year.
The final approval
of
the actual work plan will
be
provided
by
HQUSACE following the
fall
SAT meeting.
g.
The ERDC will provide program management support, although studies
may
be
performed
by
other US ACE elements, other agencies,
or
the private sector.
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11 Jul 08
CHAPTER 8 – FIRE MANAGEMENT PROGRAM
8-1. Purpose
. This chapter establishes the policy for fire management activities, including
contracted services, at USACE Civil Works projects.
8-2. Glossary
.
a. Debris Pile. An aggregation of any combustible material collected to concentrate fuel
hazards and to facilitate disposal through removal or prescribed fire.
b. Fire Suppression. All work and activities connected with fire extinguishing operations,
beginning with discovery and continuing until the fire is completely extinguished.
c. Fuels. All combustible material within wildlands and the wildland/urban interface
including vegetation (living and dead) and structures.
d. Incipient Stage Fire. A fire in the initial or beginning stage which can be controlled or
extinguished by portable fire extinguishers, shovel, a class II standpipe or small hose system
without the need for protective clothing or breathing apparatus.
e. On-site Manager. The individual designated by the District Commander as his or her
authorized representative for specific O&M field projects. This person is normally referred to as
the Operations Project Manager but in the past may have been referred to as the Operations
Manager or Facilities Manager.
f. Pre-suppression. Fire activities undertaken in advance of a fire to ensure more effective
fire suppression, including overall planning; recruitment and training of fire personnel;
procurement and maintenance of equipment and supplies; fuel treatment; and creation,
maintenance, and improvement of a system of fuel breaks, roads, water sources, and control
lines, etc.
g. Prescribed Fire. A fire applied in a knowledgeable manner to wildland fuels on a
specific land under selected weather conditions to accomplish predetermined, well-defined,
management objectives. Also referred to as prescribed burn, controlled burn/fire, or Rx
burn/fire.
h. Vegetative Fuels. Natural fuels (duff, grasses, trees, etc), including live and dead
materials, found in natural settings that are capable of burning. Also referred to as wildland
fuels.
i. Wildfire. An unplanned and uncontrolled fire spreading through vegetative fuels, at
times involving structures.
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Change 3
11 Jul 08
j. Wildland. An uncultivated, natural area, occupied by any variety of vegetation.
k. Wildland Fire. A term used to describe a type of non-structural fire that occurs in the
wildland. This is an inclusive term that includes both wildfire and prescribed fires.
l. National Wildfire Coordinating Group (NWCG)
8-3. Policy. It is the policy of the Corps of Engineers to perform integrated fire management
activities on Civil Works projects in a manner that provides for the safety of the environment, the
public, and personnel. In addition to wildfire suppression another primary component of fire
management is the use of fire to accomplish resource objectives identified in the Operational
Management Plan (SEE APPENDIX Q, EP1130-2-540). Paragraphs a. and b. below describe
options available for wildfire suppression and prescribed burns. Paragraph c. describes
appropriate fire management activities that are acceptable for interagency agreements or
contracts.
a. In accordance with The Water Resource Development Act of 2007, Section 2012
“Wildfire Fighting,” the Corps has the authority to contract and pay for wildfire suppression
services on Corps project lands. The project on site manager can initiate an action for the Corps
to enter into a contract for performance of these services subject to compliance with all
applicable Federal procurement laws and regulations. The project on site manager can also use
project personnel to suppress wildfires on Corps project lands provided these employees are
appropriately trained and equipped as described in EP 1130-2-540, Section 8-4.
b. Prescribed fire management activities to protect and enhance forest and wildlife habitat
will be identified in the OMP. Prior to implementing a prescribed fire, a prescribed burn plan
shall be prepared (SEE APPENDIX R, EP 1130 –2-540). To accomplish wildland fire
management for prescribed burns (to include debris piles) the project on-site manager has two
options. The project on site manager can use project personnel to implement prescribed burns
provided these employees are appropriately trained and equipped as described in EP 1130-2-540,
Section 8-4. The project on site manager can also initiate an action for the Corps to enter into a
contract for performance of these services subject to compliance with all applicable Federal
procurement laws and regulations. In either of these options, fire management plans will provide
for Corps personnel and public safety, include fire management strategies, tactics, and
alternatives; address values to be protected and public health issues; and be consistent with
resource management objectives, activities of the area, and environmental laws and regulations.
A prescribed burn plan with required components identified in the OMP will be developed for
each planned burn. The purpose of a prescribed fire management program is to enhance
proficiency while reducing risk to Corps and contract personnel. While the on-site manager may
maintain a small cadre of appropriately trained and equipped personnel, it is not an endorsement
to organize into a national fire fighting team, nor is it an encouragement to participate on such
teams at Corps expense. Personnel responsible for development and oversight of burn plan
implementation will be properly trained in accordance with applicable state requirements or
within standards established by the District Commander.
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ER 1130-2-540
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11 Jul 08
8-3
c. Fire management planning, preparedness, suppression, prevention, fire use, restoration
and rehabilitation, and prescribed fire operations, monitoring, and research, and education will be
conducted on an interagency basis with the involvement of other Federal, Tribal, and state land
management agency partners whenever practicable. To facilitate the protection of property from
fire, through planning and prevention activities or to accomplish wildland fire management
activities, the Corps may enter into contracts with a recognized state, local or private
organizations for performance of these services subject to compliance with all applicable Federal
procurement laws and regulations. Wildland fire management activities conducted on outgranted
lands will be governed by conditions contained within the relevant real estate instrument, or by
separate agreements, which clearly define the Corps role.
d. Corps personnel and public safety is the first priority. All fire management plans and
activities must reflect this commitment. All Corps personnel participating in fire suppression or
prescribed burning activities shall be properly trained and/or certified, and have a Position
Hazard Analysis (PHA) on file. An Activity Hazard Analysis (AHA) will be completed before
beginning wildland fire activities involving a type of work presenting hazards not experienced in
previous project operations or where a new group of project employees/contractor is scheduled
to perform the work. In most instances the applicable state has prepared recommended training
guidelines. Training sources at the state level include state fire management agencies, colleges
and universities or other qualified private organizations within the applicable state boundaries.
In those states where guidelines have not been established, the District Commander will establish
standards applicable for Corps projects within the given state. Records of such training and/or
certification will be maintained in official personnel files. Retraining/re-certification needs of
personnel shall be determined on an annual basis, and training shall occur in accordance with
state certification programs. See Chapter 8 of EP 1130-2-540 for additional guidance.
e. Implementation of a fire management program as contained in this regulation is
voluntary. The policy focus is on giving on-site managers the discretion to become directly
involved in wildland fire management. These guidelines are applicable to those projects that
implement a wildland fire management program.
ER 1130-2-540
15 Nov 96
A-1
APPENDIX A
REFERRENCES
a. 16 USC 460d, Flood Control Act of 1944; Title 10 USC 2667; and 16 USC 4601-13.
Leases: non excess property.
b. 16 USC 470, PL 89-665, 80 Stat. 915, National Historic Preservation Act of 1966, as
amended.
c. 16 USC 469, PL 93-291, 88 Stat. 174, Archaeological and Historical Preservation Act
of 1973.
d. 16 USC. 470aa - 470mm, PL 100-588; 102 Stat. 2983, Archaeological Resources
Protection Act (ARPA) of 1979, as amended.
e. PL 46 (Chapter 105) S.1006 69 Stat 66. Authority to enter into reciprocal agreements;
waiver of claims; reimbursement; ratification of prior agreements.
f. PL 85-624, Fish and Wildlife Coordination Act, (72 Stat. 563, 16 U.S.C. 661).
g. PL 86-532, Reservoir Salvage Act of 1960, as amended.
h. PL 86-717, Forest Cover Act, (74 Stat. 817, 16 U.S.C. 580m et seq.), 6 September
1960.
i. PL 89-72, as amended, Federal Water Project Recreation Act of 1965.
j. PL 91-190, National Environmental Policy Act of 1969, as amended (42 USC 4231,et
seq.), 1 January 1970.
k. PL 92-516, Federal Insecticide, Fungicide, and Rodenticide Act of 1972, (86 Stat. 973),
as amended.
l. PL 93-205, Endangered Species Act of 1973, as amended (87 Stat 884, 16 USC
1531(b)),
m. PL 95-313. Cooperative Forestry Assistance Act of 1978 (92 Stat. 365, 16 U.S.C.
2101), as amended by PL 101-624, the Food, Agriculture, Conservation and Trade Act of 1990.
n. PL 95-341, American Indian Religious Freedom Act.
o. PL 98-63. Supplemental Appropriations Act of 1983, ref. volunteers.
p. PL 99-662, Water Resources Development Act (WRDA) of 1986, Section 1134, ref:
Private Use Facilities; Section 1135, ref: Project Modification for Improvement of the
Environment.
ER 1130-2-540
15 Nov 96
A-2
q. PL 101-601, Native American Graves Protection and Repatriation Act (NAGPRA).
r. PL 101-640, Water Resources Development Act (WRDA) of 1990, Section 307(a).
s. PL 103-141, Religious Freedom Restoration Act of 1993.
t. 33 CFR Part 328.3(b) U.S. Army Corps of Engineers 1987 Manual for Identifying and
Delineating Jurisdictional Wetlands.
u. 36 CFR Part 60. National Register of Historic Places.
v. 36 CFR Part 79, Curation of Federally-Owned and Administered Archaeological
Collections.
w. 36 CFR Part 327, Rules and Regulations Governing Public Use of Water Resources
Development Projects Administered by the Chief of Engineers.
x. 36 CFR Part 800, Advisory Council on Historic Preservation, Protection of Historic
Properties.
y. 40 CFR Parts 150-189, reference to Pesticides.
z. 40 CFR Parts 1500-1508. Council on Environmental Quality Procedures for
Implementing the National Environmental Policy Act (42 U.S.C. 4331 et seq.)
aa. 41 CFR Part 101 - 47.103-12, Federal Property Management Regulations.
ab. 42 CFR 76.1 - 76.9, Performance Standards and Techniques of Measurement;" issued
by the Department of Health and Human Services, to supplement Executive Order 11282.
ac. EO 11990, Protection of Wetlands, 24 May 1977.
ad. EO 12512, Utilization Surveys.
ae. DOD 4150.7-M, Plan for Certification of Pesticide Applicators of Restricted-Use
Pesticides, Armed Forces Pest Management Board, Defense Pest Management Analysis Center,
Forest Glen Section, WRAMC, Washington, D.C. 20307-5001.
af. Technical Information Manuals (TIM)21, “Pesticide Disposal Guide for Pest Control
Shops,” Armed Forces Pest Management Board (AFPMB), Aberdeen Proving Ground, MD
21010-5422, Tel. (301) 671-3773. U.S. Army Environmental Hygiene Agency, Guide for Medical
Surveillance of Pest Controllers.
ag. ER 190-1-50, Law Enforcement Policy, U.S. Army Corps of Engineers.
ah. ER 200-2-2, Procedures for Implementing the National Environmental Policy Act.
ai. ER 200-2-3, Environmental Compliance Operations and Maintenance Policies.
ER 1130-2-540
15 Nov 96
A-3
aj. ER 385-1-90. Respiratory Prevention Program.
ak. ER 405-1-12, Real Estate Handbook.
al. ER 1105-2-100, Policy and Planning, Guidance for Conducting Civil Works Planning
Studies.
am. ER 1130-2-500, Work Management Policies.
an. ER 1130-2-550, Recreation Operations and Maintenance Policies.
ao. ER 1165-2-131, Water Resources Policies and Authorities: Local Cooperation
Agreements for New Start Construction Projects.
ap. EP 1130-2-540, Environmental Stewardship Procedures.
aq. EM 385-1-1, Safety and Health Requirements Manual.
ar. Multi-agency Memorandum of Understanding on Implementing the Endangered
Species Act, dated 29 September 1994.
as. Forest Service Form FS-3400-2, "Forest Pest Management Project Proposal."
at. Policy Statement Regarding Treatment of Human Remains and Grave Goods, Advisory
Council on Historic Preservation, 27 September 1988.
au. Memorandum of Agreement between the U.S. Department of Agriculture and the U.S.
Department of Defense for the Conduct of Forest Insect and Disease Suppression on Lands
Administered by the Department of Defense, 11 December 1990.
av. North American Waterfowl Management Plan, developed by the U.S. Fish and Wildlife
Service and Canada in 1986.
aw. Multi-Agency Memorandum of Understanding on Watchable Wildlife Program, dated
Dec. 1990 (extended through Dec. 1998).
