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 ER 1105-2-100, the Planning Guidance Notebook will be superseded by several different pieces of new guidance.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). 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. Federal Guidance and Regulations - 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. Endangered Species Act, US Fish and Wildlife Service Endangered Species Act, National Marine Fisheries Service 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. 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). Frequently asked Questions regarding Revisions for Part 402, Implementing Regulations Interagency Cooperation (Section 7 of the Endangered Species Act) This FAQ provides responses to questions regarding revisions to 50 CFR Part 402 which implements Section 7(a)(2) of the Endangered Species Act. The revisions to the regulations clarify, interpret, and implement portions of the ESA concerning the interagency cooperation procedures. Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation Rule (Federal Register) Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation" final rule revising 50 CFR Part 402, published in the Federal Register 27 August 2019 by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Note: the effective date of the final rule was delayed from 26 September to 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. 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.

Webinars

2019
• Working with Cooperating Agencies (22 August)
  
  This webinar provided an overview of Section 1005 of the Water Resources Reform and Development Act (WRRDA) of 2014 and the requirements for involving Cooperating Agencies in a study. Cooperating Agencies are required to be involved in studies per the National Environmental Policy Act (NEPA), but the enactment of Section 1005 of WRRDA 2014 has resulted in further requirements. The webinar discussed tips and tools for working with Cooperating Agencies, courtesy of the Collaboration and Public Participation CX (CPCX) and was presented by Julie Alcon (Environmental Team Lead, Office of Water Project Review [OWPR]), Wes Coleman (Chief, OWPR), Hal Cardwell (CPCX Director at theUSACE Institute for Water Resources), and Seth Cohen (Collaboration and Public Participation CoP lead).
  
  2016
• SMART Planning & USACE Feasibility Studies: Guide to Coordination and Engagement with the Services (7 September)
  
  This webinar provided an overview of the SMART Planning process, and demonstrate how key environmental compliance activities, such as the Endangered Species Act, Fish and Wildlife Coordination Act, and Magnuson-Stevens Act, are integrated into the process. The webinar provided lessons learned from the Seattle District
  
  2015
• Regional Coordination with Natural Resource Agencies: Tips & Lessons Learned (5 February)
  
  David Bauman from the Corps South Atlantic Division (SAD) provides tips, lessons learned and examples of coordination tools, as well as suggests ways to positively engage with the National Marine Fisheries Service and U.S. Fish & Wildlife Service.
  
  2014
• Endangered Species Act Biological Opinions (1 May)
  
  An overview of interagency coordination and consultation and the development of Biological Opinions under the Endangered Species Act.
  
  2013
• SMART Planning and USACE Feasibility Studies: Agency to Agency Coordination (1 August)
  
  This webinar focused on the ongoing coordination between HQUSACE, the U.S. Fish and Wildlife Service (USFWS), and the National Oceanic and Atmospheric Administration (NOAA). Presenters from all three agencies discussed application of SMART Planning principles and process within the context of their agency mandates.