Planning Community Toolbox: Planning Guidance

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Categories

	Project Delivery
	6-Step Planning Process
	Plan Formulation
	Review
	Civil Works Budget
	Public Outreach and Engagement
	Continuing Authorities Program (CAP)
	Post-Authorization Change
	National Environmental Policy Act
	Coastal Barrier Resources Act (CBRA)
	Fish and Wildlife Coordination
	National Historic Preservation Act
	Clean Water Act
	Partnering with the Corps
	Beneficial Use of Dredged Material
	Nonstructural Flood Risk Management

Fish and Wildlife Coordination

Corps Guidance
- Engineer Pamphlet 1105-2-61: Feasibility And Post-Authorization Study Procedures And Report Processing Requirements (formerly Appendix H of the PGN)
  This Engineer Pamphlet outlines the development of feasibility and post-authorization reports, report processing requirements, and the decisions and processes associated with feasibility studies and their milestones. Note: This EP replaces Appendix H of the Planning Guidance Notebook and supersedes several Planning Bulletins and other memorandums. See paragraph 1-6 for details.
- Engineer Regulation 1105-2-100: Planning Guidance Notebook
  The Planning Guidance Notebook provides the overall direction by which the Corps of Engineers civil works projects are formulated, evaluated, and selected for overall implementation. ER 1105-2-100, the Planning Guidance Notebook will be superseded by several different pieces of new guidance. This December 2023 version of the ER contains the elements of the Planning Guidance Notebook that are still in effect (Chapter 4 and Appendices C, D, E and G).
- Engineer Regulation 1105-2-103: Policy for Conducting Civil Works Planning Studies
  This regulation provides overall direction by which USACE formulates, evaluates, and recommends projects for implementation and other actions to address water resources problems through the Army Civil Works program. The planning process must address the Nation's water resources needs in a systems context and seek to identify innovative alternatives for application across the full range of the USACE programs and authorities. In parallel with the development of these important planning concepts, this regulation is also intended to be useful for those outside of the USACE (or non-federal partners) authorized to develop water resources projects (Title 33, Section 2231 of U.S. Code (33 USC 2231)). ER 1105-2-1103 supersedes ER 1105-2-100, Chapters 1, 2, and 3, dated 22 April 2000.
- Memorandum of Agreement (MOA) between the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers for Conducting Fish and Wildlife Coordination act Activities (January 2003)
  This agreement between the U.S. Fish and Wildlife Service (FWS) and USACE ensures that the FWS is involved in USACE projects to solve water resources development problems that involve fish and wildlife. This Agreement contains provisions for the transfer of funds from USACE to the FWS for activities pursuant to the Fish and Wildlife Coordination Act (FWCA).
- Memorandum of Agreement Between the Federal Aviation Administration, the U.S. Air Force, the U.S. Army, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture to Address Aircraft-Wildlife Strikes
  This agreement between USACE, the Federal Aviation Administration (FAA), the U.S. Air Force, the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), and the U.S. Department of Agriculture (USDA) establishes procedures necessary to coordinate their missions to more effectively address existing and future environmental conditions contributing to aircraft-wildlife strikes throughout the United States. These efforts are intended to minimize wildlife risks to aviation and human safety, while protecting the Nation's valuable environmental resources
- Implementation Guidance for Section 1005(b) of the Water Resources Reform and Development Act (WRRDA) of 2014, Categorical Exclusions in Emergencies
  This memo provides guidance on the implementation of Section 1005(b) of the Water Resources Reform and Development Act (WRRDA) of 2014,. Section 1005(b) provides that the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that is declared a disaster by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be treated as an action that is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement in accordance with 40 C.F.R. Section 1508.4.
- Implementation Guidance for Section 1001 of the Water Resources Reform and Development Act of 2014, Vertical Integration and Acceleration of Studies as amended by Section 1330(b) of the Water Resources Development Act of 2018
  Section 1001 of Water Resources Reform and Development Act of 2014 (WRRDA 2014) (Public Law 113-121) provides that, to the extent practicable, USACE feasibility reports will be completed in three years and will have a maximum federal cost of $3 million and that USACE Districts, Divisions and Headquarters review will be concurrent. Section 1001 provides further that the Secretary of the Army may extend the timeline and/or approve federal costs greater than $3 million. Section 1001 also provides that the authorization for a particular feasibility study terminates if the study is not completed within certain timeframes. Section 1330(b) of the Water Resources Development Act of 2018 (WRDA 2018) extends the timeline for a feasibility study to ten years. This implementation guidance applies to all feasibility studies of proposed water resources development projects that are initiated after June 10, 2014, except for feasibility studies conducted under the Continuing Authorities Program. It supersedes the implementation guidance for Section 1001, dated 9 April 2015, as well as the reissued version dated 19 July 2018.
- Vertical Team Alignment Memorandum (VTAM) Guidance
  The purpose of this memorandum is to reaffirm the steps and requirements for preparing the Vertical Team Alignment Memorandum.
- Memorandum of Agreement Between the National Oceanic and Atmospheric Administration National Marine Fisheries Service and the U.S. Army Corps of Engineers for Conducting Fish and Wildlife Coordination Act Activities
  This agreement between the U.S. Army Corps of Engineers and the National Oceanic and Atmospheric Administration - National Marine Fisheries Service (NMFS) ensures NMFS involvement to develop water resources development projects that maximize the protection of fish and wildlife. This agreement ensures that NMFS is invited, and occasionally funded, to participate early and throughout the planning process.
- Implementation Guidance for Section 1005 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Project Acceleration
  Section 1005 WRRDA 2014 (Public Law 113-121) modifies Section 2045 of the WRDA 2007 (33 USC 2348) and in general directs that the Secretary shall develop and implement a coordinated environmental review process for the development of project studies. This guidance applies to all feasibility studies for proposed water resources development projects that will require specific authorization if the feasibility cost share agreement (FCSA) for the study was executed after enactment of WRRDA 2014 (10 June 2014) and for which an environmental impact statement (EIS) is prepared under the National Environmental Policy Act of 1969 (42 USC 4321 et seq.) (NEPA). The guidance also applies to feasibility studies initiated after enactment of WRRDA 2014 but that do not require a FCSA. It may also apply to other project studies initiated after enactment of WRRDA 2014 that require an environmental assessment, categorical exclusion, or other document under NEPA if determined appropriate by the Secretary. The guidance provides timelines and instruction to project delivery teams (PDTs) for engaging with federal, state, and local government agencies and Indian tribes on the environmental review process.
- U.S. Army Corps of Engineers Migratory Bird Treaty Act Policy and Best Management Practices
  This policy memorandum and attached guide is intended to educate staff and provide Best Management Practices (BMP) on commonly performed activities to help achieve compliance with MBTA. This compliance will allow USACE to meet its responsibility to avoid or minimize negative impacts to migratory birds and their habitat while adhering to USACE policies, practices, and guidelines.
Federal Guidance and Regulations - The Fish and Wildlife Coordination Act authorizes the Services, among other activities, to develop
- 50 CFR Part 402, Implementing Regulations for Interagency Cooperation (Section 7 of the Endangered Species Act)
  50 CFR Part 402 implements Sections 7(a) through 7(d) of the Endangered Species Act, as amended. The rule was last updated in May 2024.
- Endangered Species Act, US Fish and Wildlife Service
- Endangered Species Act, National Marine Fisheries Service
- Endangered Species Consultation Handbook: Procedures for Conducting Consultation and Conference Activities Under Section 7 of the Endangered Species Act
  The Handbook provides internal guidance for US Fish and Wildlife Service and NOAA Fisheries for conducting consultation and conferences pursuant to section 7 of the Endangered Species Act of 1973, as amended. The purpose of the Handbook is to promote efficiency and nationwide consistency within and between the Services. The Handbook addresses the major consultation processes, including informal, formal, emergency, and special consultations, and conferences.
- Digest of the Fish and Wildlife Coordination Act
- Fish and Wildlife Coordination Act
  The Fish and Wildlife Coordination Act authorizes the Services, among other activities, to develop "reports and recommendations" on the wildlife aspects of water resource development projects.
- Magnuson-Stevens Fishery Conservation and Management Act
- Marine Mammal Protection Act
- Guidance for Federal Departments and Agencies on Ecological Connectivity and Wildlife Corridors
  This Council on Environmental Quality (CEQ) memo establishes the policy for federal agencies to promote greater ecological connectivity to sustain the US's biodiversity. Agencies are expected to use this guidance to craft new policies and to adjust old policies to align with this goal of this memo. New and updated policies should be ready by the first quarter of 2024. The memo, overall, provides guidance on how connectivity and corridors could be considered in the areas of agency planning and decision-making, science and data, and collaboration and coordination. The guidance also provides clarity and consistency so that federal agencies can better coordinate with all interested parties.
- Guidance for Treatment of Climate Change in NMFS Endangered Species Act Decisions
  NMFS has adopted national ESA climate guidance to provide greater consistency, efficiency, and effectiveness in ESA decisions and help the agency make more scientifically defensible ESA-related management decisions in light of climate change.
- National Environmental Policy Act Implementing Regulations: Cooperating Agencies
  This section of the implementing regulations for the National Environmental Policy Act (NEPA) describes the role and obligations of cooperating agencies.
More about USACE Planning activities and Fish and Wildlife Coordination
- The Importance of Early Coordination Under the Fish and Wildlife Coordination Act
  This fact sheet provides information on the importance of early coordination under the Fish and Wildlife Coordination Act (FWCA) with the U.S. Fish and Wildlife Service and National Marine Fisheries Service during the study process, particularly within the scoping phase. It provides an overview of early coordination activities under the FWCA during scoping, ideas for innovative engagement with the Services, and relevant resources for study teams.
- SMART Planning Feasibility Studies: A Guide to Coordination and Engagement with the Services
  This guide was developed through a collaboration between the Corps, USFWS and NMFS. The Guide provides an overview of the SMART Planning process and demonstrates how key environmental coordination and compliance activities fit into that process. The Guide highlights opportunities for engagement and coordination at all stages of a planning study, re-emphasizing the need for early coordination.
- Environmental Evaluation and Compliance within the SMART Planning Framework
  Discussion paper highlighting and clarifying opportunities to encourage efficient and thorough environmental evaluation and compliance in support of the SMART Planning framework.
- SMART Planning Feasibility Study Process Overlaid with Major Environmental Compliance Processes
  One page diagram of the SMART Planning feasibility study process timeline (milestones and phases) overlaid with NEPA, the Fish and Wildlife Coordination Act (FWCA), Magnuson-Stevens Act (MSA), and Endangered Species Act (ESA) actions.
- Environmental Evaluation And Compliance Process Diagram
  One page diagram of the SMART Planning feasibility study process timeline (milestones and phases) noting significant environmental evaluation and compliance tasks and products developed during the feasibility study process.
- Revisions to Regulations for Interagency Cooperation under the Endangered Species Act (50 CFR 402) - Webinar Overview September 2019
  To ensure federal government actions are not likely to jeopardize the continued existence of listed species - or destroy or adversely modify their critical habitat - federal agencies must consult with the U.S. Fish and Wildlife Service and NOAA Fisheries under Section 7 of the ESA. Revisions to the implementing regulations (50 CFR 402) clarify the interagency consultation process and make it more efficient and consistent. This presentation provides an overview of the revision process and the specific changes made to the rule (effective 28 October 2019).
- Water Resources Development Under the Fish and Wildlife Coordination Act
  This U.S. Fish and Wildlife Service publication provides information and guidance on the Fish and Wildlife Coordination Act (FWCA) and its application to water resources development project planning and implementation. It has been developed primarily for use by Fish and Wildlife Service (FWS) biologists working on water resource development projects under the authority of the FWCA.