ETL 1110-2-362
31 Jul 95
FOR WATER MANAGEMENT
A-1. Introduction
(4) Section 404(a) of Public Law 92-500,
Federal Water Pollution Control Act (Clean Water
The U.S. Army Corps of Engineers (Corps) manages
Act, 33 U.S.C. 1251) of 1972, applies to dredged
about 780 inland water resources projects across the
material disposal.
continental United States. Authorized purposes
include flood control, navigation, hydropower genera-
(5) Section 404(b)(1) of Public Law 92-500,
tion, irrigation, water supply, fish and wildlife habitat,
Federal Water Pollution Control Act (Clean Water
Act, 33 U.S.C. 1344) of 1972, is the basis for the
and water quality. Even where not specifically
addressed in the Corps' authorizing documents, Pub-
into the waters of the United States administered by
lic Laws, Executive Orders, and other regulations
the U.S. Army Corps of Engineers.
charge field offices with responsibility for sound
environmental management at all Corps of Engineers
(6) Section 103 of Public Law 92-532, Marine
projects.
Protection, Research and Sanctuaries Act, requires
permits for ocean disposal of dredged material and
requires that disposal will not unreasonably degrade
A-2. Authority
or endanger human health and welfare or the marine
environment.
A brief list of legislative actions and engineering
guidance that establish the authority for much of the
activity presented in this ETL is presented below.
gram on Formally Used Defense Sites is authorized
by the Defense Appropriation Act (Public
Law 98-212).
a. Legislation.
(8) Section 1135 of Public Law 99-662, Water
(1) The Corps' water quality management au-
Resources Development Act of 1986, allows the
thority is founded on the Federal Water Pollution
Corps to modify its water resources projects in part-
Control Act of 1948 and its amendments up to and
nership with a non-Federal sponsor to improve the
including the Clean Water Act of 1977 (Public Law
quality of the environment.
95-217, 33 U.S.C. 1251 et seq.) and the Water
Quality Act of 1987. Executive Order 12088, Federal
(9) Section 306 of Public Law 101-640, Water
Compliance With Pollution Control Standards, dated
Resources Development Act of 1990, states that envi-
October 13, 1978, requires compliance by Federal
ronmental protection is now "one of the primary
facilities and activities with applicable pollution con-
missions of the Corps of Engineers in planning,
trol standards in the same manner as any non-Federal
designing, constructing, operating, and maintaining
entity.
water resources projects." Section 306 strongly
reinforces the goals of the Corps' Environmental
(2) Section 102 of Public Law 92-500, Federal
Program.
Water Pollution Control Act (Clean Water Act) of
1972, and the amendments of 1977 (Public Law 95-
(10) Section 307 of Public Law 101-640, Water
217, 33 U.S.C. 1251 et seq.) form the basis for reser-
Resources Development Act of 1990 (WRDA 90),
voir related water quality responsibilities in the
states that, "as part of the Corps of Engineers water
Corps.
resources development program, an interim goal of no
overall net loss of the Nation's remaining wetlands
(3) Section 401 of Public Law 92-500, Federal
base, as defined by acreage and function, and a long
Water Pollution Control Act (Clean Water Act) of
term goal to increase the quality and quantity of the
1972, is the basis for state water quality certification
Nation's wetlands," the Corps "shall utilize all
for discharging into navigable waterways.
A-1