THE UPPER MISSISSIPPI RIVER NAVIGATION SYSTEM
FIGURE 1-2
The St. Louis District Portion of the UMRS
1.01 -- Project Information1.03 -- Applicable Project Authorizations and Guidance
1.05 -- Engineer Regulations and Engineer Pamphlets
1.06 -- Purpose of the Master Plan
1.07 -- Scope of the Master Plan
a. GeneralThe Upper Mississippi River Navigation System (UMRS) includes all the navigable waterways on the Mississippi River and tributaries, above Cairo, Illinois, with the exception of the Missouri River. The St. Louis District Corps of Engineers is responsible for the southern portion of the UMRS. The Rivers Project Office manages 49,000 acres of land and maintains navigation through a series of 5 locks and dams, numerous channel training structures and dredging operations on 416 miles of navigable waterway. In addition to the primary navigation purpose, the pools behind the dams provide opportunities for a broad spectrum of outdoor recreation by providing more stable water levels where formerly the river fluctuated substantially with every change in flow. Each pool area and the open river contain varied natural and recreation resources, often with high scenic, educational, scientific, environmental and cultural values. Protection and proper use of these resources are major concerns of the U.S. Army Corps of Engineers.b. Project Location
The Rivers Project is located on the Mississippi, Illinois and Kaskaskia Rivers in the vicinity of the city of St. Louis, Missouri, and includes land in both Missouri and Illinois. The Mississippi River generally flows in a southeasterly direction between Saverton, Missouri, and Cairo, Illinois. The Corps of Engineers, St. Louis District is responsible for navigation and resources management on the Mississippi River from the confluence with the Ohio River at River Mile (RM) 0.0 to RM 300.1 near Saverton, Missouri. The District's responsibility also includes the Illinois River from its confluence with the Mississippi at Grafton, Illinois, at RM 218 to immediately below LaGrange Lock and Dam at RM 79.8; and the Kaskaskia River from its mouth on the Mississippi River (RM 117.5) to Fayetteville, Illinois, at RM 57.2. On the lower 60 miles of the Missouri River, adjacent to St. Charles and St. Louis counties, the St. Louis District is responsible for Clean Water Act regulatory matters and flood control.
FIGURE 1-2
The St. Louis District Portion of the UMRS
c. Nine-Foot Navigation ChannelThe Nine-Foot Navigation Channel Project was authorized by Congress in 1930 to provide navigation in the Upper Mississippi River. The Nine-Foot Channel Project within the St. Louis District is defined as the Illinois waterway downstream of the LaGrange Lock (lower 80 miles); and the Mississippi River from the confluence with the Ohio River to Lock and Dam 22 at Saverton, Missouri (301 miles).There are two types of navigation projects present in the St. Louis District. One, on the upper Mississippi River, is impounded slack water navigation pools created and controlled by a system of locks and dams. The other, open water navigation, is used to manage the unimpounded middle Mississippi River.
The upper Mississippi River navigation system provides a variety of uses: commercial transportation, recreation, environmental resources, and water supplies for domestic and industrial use. The Water Resource Development Act of 1986 declared the upper Mississippi River system to be a nationally significant ecosystem and a nationally significant commercial navigation system.
The upper Mississippi River Nine-Foot Channel Project has converted the Mississippi River (St. Louis to Minneapolis/St. Paul) into a series of pools at low and normal flow. Navigation dams, each consisting of a row of gates mounted between piers over a low sill, are used to maintain sufficient water depth for navigation. During periods of high flow, the navigation gates are completely opened to allow passage of the flood flows.
Locks and Dam 26 near Alton, Illinois, was replaced during the late 1980s with the Melvin Price Locks and Dam at a cost of nearly $1 billion. Below the southernmost lock, Locks 27 at Granite City, Illinois, navigation is maintained through placement of flow regulating structures such as wing dikes and by dredging that channelizes and deepens the river.
d. Kaskaskia River Navigation ProjectThe Kaskaskia River Navigation Project was authorized by Congress in 1962 under separate legislation from the Mississippi River Navigation Project. The project included construction of a lock and dam and maintenance of a nine-foot navigation channel from it's mouth to Fayetteville , Illinois, (36 miles), which shortened the natural river distance from Fayetteville to the river mouth by approximately 14 miles.e. Cache River Diversion
The Cache River Diversion Project was authorized by the Flood Control Act of 1938. The project included construction of a 5,260-foot diversion channel from the point where the former channel of the Cache River intersected the Mounds and Mound City Levee to the new outlet into the Mississippi River at RM 13. Two new railroad and one highway bridge were also constructed. Acreage acquired included 86.94 in fee simple and 5.83 in easements.The project purpose was to divert the Cache River in order that a Corps of Engineers Memphis District levee would not be intersected. Construction on the $2,837,100 project was initiated in June 1940, and was ready for use in December 1950.
a. NavigationThe nine-foot channel project was originally constructed for the purpose of providing sufficient water depth for river traffic during low flows in the Mississippi River. Before the Corps of Engineers constructed the nine-foot channel navigation project, the Mississippi River occasionally had so little water that navigation was impossible. Since the locks and dams have been built, flatwater pools have been created and the water level has been relatively stable. The St. Louis District dredges within these pools as well as the open river between Locks 27 and the mouth of the Ohio River.The Kaskaskia River Navigation Project was constructed primarily for the purpose of transporting coal out of the area, and secondarily as a way to move other barge transported materials into and away from the area.
b. Recreation and Environmental Stewardship
The locks and dams now provide a series of slack-water pools throughout the year that attract thousands of people to fish, swim, boat, hunt, or sightsee. The number of pleasure craft on the river increases every summer, and each fall finds more hunters in the wetlands. Fish and wildlife is attracted to the backwater areas created by the dams that provide habitat for feeding, spawning and nesting.Congress has authorized the Corps of Engineers to develop recreational facilities and required the consideration of fish and wildlife conservation at Corps water resource projects. The Flood Control Act of 1944, as amended, authorized the Corps of Engineers to construct recreational developments at water resource projects. In 1958, the Fish and Wildlife Coordination Act stated that fish and wildlife conservation should receive consideration equal to that of other project purposes and should be coordinated with other features of water resource development. In accordance with these laws, environmental stewardship and recreation are now major features of the nine-foot channel navigation project for lands along the Mississippi and Illinois rivers. The intent of the Corps is to provide optimal sustained use and public enjoyment while protecting theproject's natural resources. The Water Resources Development Act of 1996 made fish and wildlife conservation a full project purpose for the Kaskaskia River.
The Corps operates and maintains recreation areas and provides stewardship of the natural resources on the project lands and waters. There are also outgrants to Federal, State, public and private institutions and individuals to provide recreation facilities and services and natural resources management in the public interest.
c. Flood Control
Flooding is a natural phenomenon of every river. Historically, floodwater enriched bottomlands and provided spawning habitats for native fish. The ecological value of maintaining connections between the river and its floodplain and the flood-pulse advantage are among the benefits conveyed by a flood.Human developments in the floodplains of the Midwest over the last three centuries have placed people and property at risk. Local and federal flood damage reduction projects such as levee and drainage projects were constructed to minimize the annual risk. Over the past 50 years, billions of dollars in flood damages have been prevented by these developments.
Since the passage of the Flood Control Act of 1936, the federal government has lead the nation's flood damage reduction efforts and, as a result, the nation's floodplain management activity. Historically, structural programs such as levees, floodwalls, drainage, and retention reservoir projects were primarily funded, built, and operated to prevent flood damages. In recent years, the federal government has begun to support non-structural approaches. Many states and local governments have developed and carried out floodplain management efforts that both reduced flood damages and enhanced the natural functions of the floodplains. This mandate for management of the floodplain will continue into the next century.
Other agency efforts such as watershed projects built by the Natural Resource Conservation Service and land-use controls required by the National Flood Insurance Program (NFIP) and state floodplain management programs reduce flood damages throughout the basin as well.
Hydraulic investigations by the University of Iowa, and evaluations of the great 1993 flood shows that navigation dams cause slight, localized increases (less than one-half foot) in flood height just upstream of a dam. They do not cause increases in flood elevations for the entire Mississippi River System. In the unimpounded Mississippi (from St. Louis to the confluence with the Ohio River), navigation channels have no locks and dams, and the dikes and revetments which are in place cause little or no restrictions to flow.
A newly developed hydraulic computer model of the entire Mississippi River is used in the routine day-to-day regulation and forecasting for the Corps of Engineers locks and dams on the Mississippi and Illinois Rivers. Its provides a uniform, system-wide unsteady flow model of the Mississippi and Missouri River basins to analyze and predict system-wide impacts of various alternative actions during flood events. This allows public agencies and the private sector to adjust operations based on forecasts posted on the Internet.
d. Electric Generation/Hydropower
At the present time, no project dam is being considered for hydropower production.
1.03 -- Applicable Project Authorizations and Guidance
a. Public LawsAll applicable legislation related to navigation, recreation, fish and wildlife management, environmental stewardship and cultural resource protection at the Rivers Project is listed below:(1) Navigation
Upper Mississippi River - Modifications to the Mississippi River for navigation began in 1824 when the government authorized removal of snags, shoals and sandbars; excavation of rock at several rapids; and closing off of meandering sloughs and side channels to maintain flow in the main channel. The first comprehensive modification of the river was authorized by the River and Harbor Act of 18 June 1878. A 41/2 foot channel was maintained from the mouth of the Mississippi River to St. Paul, Minnesota, by construction of dams at the headwaters of the Mississippi River to impound water for low flow supplementation, bank revetments, closing dams, and longitudinal dikes. A six-foot channel was authorized by the River and Harbor Act of March 2, 1907. The additional depth was obtained primarily by construction of rock and brush wing dams designed to constrict low water flows to a narrower channel. On 3 July 1930, Congress passed legislation (PL 71-520) authorizing a nine-foot channel project, which consists of a series of low-head navigation locks and dams to be constructed to provide a minimum nine-foot deep and 300-foot wide navigation channel on the Mississippi River from Alton, Illinois to Minneapolis, Minnesota. Later congressional actions provided for improvements to ensure consistent navigation around the Chain of Rocks section of the Mississippi River at Granite City, Illinois.Illinois River - The River and Harbor Act of 3 July 1930 authorized the Corps of Engineers to finish the 75% complete State of Illinois Nine-Foot Navigation Project and assigned responsibility for facilities operation to the Federal Government. The St. Louis District is responsible for the lower 80-mile reach from LaGrange Lock to Grafton, Illinois, the Illinois Water Way portion of Melvin Price Locks and Dam pool.
Kaskaskia River - The Kaskaskia River Navigation Project was authorized by the 1962 River and Harbor Act to provide a navigation channel 9-feet deep and 225-feet wide on the lower 50.5 miles of the Kaskaskia River. The project shortened the river between its mouth and Fayetteville, Illinois from 50.5 to 36 miles. Meanders were left as cut-offs, much of the channel excavated and flow partially regulated by a lock and dam near the river's mouth.
(a) The Rivers and Harbor Act of 1935 (PL 74-409) approved 30 August 1935, determined that non-navigable types of dams would be used. Non-navigable dams are those which will not pass vessels without the use of locks. It also determined the improvements that were to be made on the Illinois River which included dredging and the construction of modern locks and dams at Peoria and La Grange and the removal of the earlier navigation structures at La Grange and Kampville. The construction of Lock and Dam 26 on the Mississippi at Alton, Illinois made the Illinois River navigable from its mouth to RM 80.(b) The Rivers and Harbor Act of 1945 (PL 79-14) approved 2 March 1945, authorized the construction of Locks 27 and the Chain of Rocks Canal (59 Stat. 10).
(c) The Rivers and Harbor Act of 3 July 1958 (PL 85-500) authorized Dam No. 27, a low-water, rock-filled dam, and other bank improvements to support navigation below old Lock and Dam 26.
(d) The Rivers and Harbor Act of 1962 (PL 87-874), approved 23 October 1962, authorized the construction of the Kaskaskia River Navigation Project which includes the Kaskaskia Locks and Dam and channelization from the mouth of the river to Fayetteville, Illinois. (76 Stat. 1173)
(e) The UMRS Comprehensive Plan (Title I); Inland Waterways Revenue Act of 1978 (Title II) (PL 95-502) was approved 21 October 1978. (92 Stat. 1693)
1. Title I, Section 101 authorized the replacement of Lock and Dam 26 with a new dam and a single lock. Section 102 required the preparation of a comprehensive master plan of the UMRS and evaluation of the need for a second lock.2. Title II - Established the Inland Waterways Revenue Act of 1978 to place a tax on fuel used in commercial transportation on inland waterways as well as a trust fund for navigational construction on inland waters.
(f) The Supplemental Appropriation Act of 1985 (PL 99-88) approved 15 August 1985 and the Waterways Resources Development Act of 1986 (PL 99-662) approved 17 November 1986, authorized the construction of a 600 by 110 foot auxiliary lock at Lock and Dam 26 (replacement)
(g) The Water Resources Development Act of 1996 -Sec. 415, Chain of Rocks Canal, Illinois, authorized completion of a limited re-evaluation of the authorized St. Louis Harbor Project to include evacuation of water collecting on the land side of the Chain of Rocks Canal, East Levee.
(2) Recreation
(a) The Flood Control Act of 1944 (PL 78-534) approved 22 December 1944;1. Section 4, as amended, authorizes the Chief of Engineers to construct, operate and maintain public park and recreational facilities in reservoir areas. It also requires that water areas of all such projects are open to boating, fishing, and other recreation and that ready access to and exits from such areas are maintained for general public use when in the public interest (48 Stat. 887).(b) The Flood Control Act of 1946 (PL 79-526) approved 24 July 1946;
Section 4, (60 Stat. 641) amended PL 78-534 to include authority to grant leases of lands in reservoir areas and licensing of lands to Federal, state and local governmental agencies when in the public interest.(c) The Flood Control Act of 1954 (PL 83-780), approved 3 September 1954;
Section 209, amended the Flood Control Act of 1944. It authorized the Secretary of the Army to grant leases to Federal, State or governmental agencies without monetary considerations for use and occupation of land and water areas under the jurisdiction of the Department of the Army for park and recreation purposes when in the public interest (68 Stat 1256).(d) The Flood Control Act of 1962 (PL 87-874) was approved 23 October 1962;
Section 207 amended Section 4 of the Flood Control Act of 1944, permitting recreational developments at non-reservoir projects (76 Stat. 1195).(e) The Land and Water Conservation Fund Act of 1965 (PL 88-578) approved September 1, 1964 amended by PL 94-422. This act established a fund from which congress can make appropriations for outdoor recreation. The fund derives revenue from entrance and user fees, sale of surplus Federal property, and the Federal motorboat fuel tax.
(f) The Federal Water Project Recreation Act of 1965 (PL 89-72) approved 9 July 1965, as amended, established recreation at Federal water resource projects as a full project purpose. This act requires consideration of recreation opportunities and of fish and wildlife enhancement in planning water resources projects.
Section 9 limits the maximum allocation for recreation and fish and wildlife enhancement to 50% of the total project cost. This act further requires beneficiaries to bear part of the costs of operating and maintaining recreation developments at Federal water resources projects (79 Stat. 213).(g) The Water Resources Development Act of 1990 (PL 101-640) was approved 28 November 1990.
Section 102 (1) of the Water Resources Development Act of 1990 provided authorization for project related recreational development in the State of Illinois. As specified therein, the work is to include site preparations and infrastructure for a marina and docking facilities, access roads and parking, a boat launching ramp, hiking trails and picnicking facilities. This authorization was furthered by WRDA 1992 that extended to "other non-Federal interests" the opportunity to serve as the non-federal sponsor for recreation development in conjunction with the Melvin Price project. Subsequently, on Dec. 7, 1992 the City of Alton submitted a letter of intent in this regard to the District Engineer.(h) The Water Resources Development Act of 1992, (PL 102-580) was approved 31 Oct 1992.
Section 103 of the Water Resources Development Act of 1992, authorized the development of a Regional Visitor Center of at least 24,000 square feet at the Melvin Price Locks and Dam site. The purpose of the Visitor Center is to inform the public of the role of the U. S. Army Corps of Engineers in inland navigation along the Mississippi River and its tributaries. In addition, it includes the role of the Melvin Price Locks and Dam in inland navigation, the socioeconomic development of the surrounding area, and events of historical, archaeological, cultural, and natural significance in such area.Section 225 authorized the Challenge Cost Sharing Program that permits the Secretary of the Army to develop and implement a program to accept contributions of funds, materials and services from non-federal public and private entities to be used in managing recreation facilities and natural resources.
(i) The Water Resources Development Act of 1996 (PL 104-303) was approved 12 October 1996.
Sec. 208, entitled RECREATION POLICY AND USER FEES, directs the Secretary to put increased emphasis on recreation opportunities at Corps projects; specifies that recreation fees collected at Corps projects remain for use at the project where they are collected.Sec. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MISSOURI. Modified the project is to allow recreation development on contiguous non-project lands, including Alton Commons.
Sec. 519. RECREATION PARTNERSHIP INITIATIVE. In general the Secretary is to promote Federal, non-Federal, and private sector cooperation in creating public recreation opportunities at Corps projects.
(3) Fish and Wildlife
(a) Fish and Wildlife Coordination Act of 1946 (PL 79-732) (60 Stat. 1080), approved 14 August 1946Section 3 provides for the use of water resource projects for conservation, maintenance, and management of wildlife resources and wildlife habitat, to be administered by State agencies or the Secretary of the Interior. In accordance with this act, General Plans for the Use of Lands and Waters of the Navigation Channel Project for Wildlife Conservation and Management were formulated and approved by the Secretary of the Army, the Secretary of the Interior, and the heads of pertinent State Agencies.(b) Fish and Wildlife Coordination Act of 1958 (PL 85-624) (72 Stat. 563) approved 12 August 1958, requires that fish and wildlife conservation receive equal consideration with other project purposes and that they be coordinated with other features of water resource development programs. All planning and project development must be coordinated with the U.S. Fish and Wildlife Service.
(c) Forest Conservation Act (PL 86-717) (74 Stat. 817) was approved 6 September 1960.
Public Law 86-717 and applicable implementing regulations declare the policy of the United States to provide that areas owned in fee and under the jurisdiction of the Secretary of the Army and the Chief of Engineers shall provide for the protection and development of forest and other vegetative cover and the establishment and maintenance of other conservation measures. The basic Corps environmental stewardship mission is carried out by identifying and implementing management practices that insure the conservation, preservation and protection of resources for present and future generations. The Corps will continue to promote the establishment, maintenance, and protection of vegetative cover, to include forest cover, grasses and other herbaceous communities in order to sustain the potential for forest production, to sustain wildlife populations, and provide for basic erosion control during the life of the project. Corps natural resource management strategies are called out in this Project Master Plan and further detailed and specifically explained and scheduled m the Project Operational Management Plan (to be developed subsequent to the Master Plan). The development of plans or other vegetative management activities are fully coordinated with the USFWS. The USFWS provides their comments and reviews the compatibility of proposed actions on the wildlife enhancement uses of the project. Under the terms of this agreement, the USFWS on Designated Refuge lands or the appropriate states on General Plan/Coordination lands, will manage resources for enhancement for fish and wildlife. Enhancement being defined as those activities and techniques, which result in an increase or concentration of animals for the purpose of augmentation(d) Endangered Species Act of 1973 (PL 93-205 (87 Stat. 884) amended by PL 95-632 and PL 97-3040 approved 9 July 1965, as amended, states the policy of Congress that all Federal departments and agencies must seek to conserve endangered and threatened species.
Section 7 requires each Federal agency to consult with the Secretary of the Interior to insure that authorized actions neither jeopardize the continued existence of any endangered or threatened species nor results in adverse modification of critical habitat. Unless previously completed and included in the project environmental impact statement, a biological assessment must identify any endangered species that, in the opinion of the Fish and Wildlife Service, may be affected by the project. This requirement applies to all civil works studies, projects, or programs and includes the operation and maintenance of completed projects. A 1982 amendment made the act a more effective and efficient tool for the conservation of the species affected.(e) The Water Resources Development Act of 1974 (PL 93-251) (88 Stat. 33) was approved 7 March 1974, and provides for 25%/75% cost-sharing between Federal, State, and local governments to enhance fish and wildlife on project lands.
(f) The Fish and Wildlife Conservation Act of 1980 (PL 96-366) approved September 16, 1980. This act provides funds to states to conduct inventories and conservation plans for conservation of non-game wildlife. It also encourages Federal departments and agencies to use their statutory and administrative authority to conserve and promote conservation in accordance with this act.
(g) The Water Resources Development Act of 1986, (PL 99-662) was approved 17 October 1986. The Environmental Management Program, the Second Lock at Melvin Price Locks and Dam, and Navigation Impact Studies are the major activities authorized by this Act.
Section 1103 of the same law is cited as the "UMRS Management Act of 1986" and authorizes a number of plans and actions for improving coordinated development and enhancement of the UMRS because of its national significance as an ecosystem and commercial navigation systems.Section 906 provides that, for new projects, needed mitigation measures shall be undertaken before or concurrently with project construction. It provides general authority to undertake mitigation measures for projects, whether completed, underway or not started, including acquisition of any needed related lands (excluding condemnation in connection with projects already completed or well underway): mitigation costs shall be allocated to the project purposes and cost shared accordingly. It requires that feasibility reports contain a specific plan to mitigate fish and wildlife losses, unless a determination is made that there would be negligible adverse impact. Such plans shall provide that impacts on bottomland hardwood forests are mitigated in-kind to the extent possible.
Section 906 also provides that for any project measures recommended to enhance fish and wildlife, costs will be entirely Federal when the benefits have a national character and, where they do not, non-Federal interests shall reimburse 25% of the costs. The non-Federal share of operations, maintenance and rehabilitation costs will, in all cases, be 25%.
(h) Water Resources Development Act of 1996
Section 201. Cost Sharing For Dredged Material Disposal Areas designates that land based and aquatic dredged material disposal (DMD) areas built for construction and O&M shall be considered a General Navigation Feature and cost shared in accordance with Title I of WRDA '86.Section 201 also provides that dredging funds must be considered on an equitable regional basis prior to constructing new DMD facilities. Use of private DMD facilities are permitted if least cost alternative. Non-Federal interests may request amendment of PCAs executed before the date of enactment of this act. No increases to the non-Federal interest's cost share are to result from this provision.
Section 204. RESTORATION OF ENVIRONMENTAL QUALITY. Expands the Section 1135 program to allow for small environmental restoration projects either at the project site or off the project site when it is found that the Corps project has contributed to the degradation of the environment. Clarifies that the $5 million limit is for the Federal share of the project only. Specifies the non-Federal cost share is 25% and that not more than 80% of the non-Fed share may be in-kind. Defines water resources projects constructed by the Secretary to include projects constructed or funded jointly by the Army and some other Federal agency.
Section 206. AQUATIC ECOSYSTEM RESTORATION. Authorizes small aquatic ecosystem restoration projects ($5 million Federal cost) to improve the quality of the environment if in the public interest and cost effective; cost shared 35% non-Federal with 100% non-Federal O&M; $25 million per year authorization of appropriations.
Section 207. BENEFICIAL USES OF DREDGED MATERIALS. Directs that in carrying out navigation projects, the secretary may select a disposal method that is not the least cost option if the incremental costs are reasonable in relation to the environmental benefits including creation of wetlands and shoreline erosion control.
Section 210. COST SHARING FOR ENVIRONMENTAL PROJECTS. Amends Section 103 of WRDA 86 by specifying that the non-Federal share of environmental restoration and protection projects shall be 35%.
Section 212. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF NATIONAL SIGNIFICANCE. Authorizes the Secretary to undertake studies and prepare reports that may lead to work under current civil works authorities or to make recommendations for authorizations. One million is authorized annually for Fiscal Years 1997-2000. The Corps may accept funds from other agencies, States, or non-Federal interests.
Section 321. KASKASKIA RIVER, ILLINOIS. The navigation project is modified to add fish and wildlife and habitat restoration as project purposes.
(4) Environmental Stewardship
(a) The National Environmental Policy Act (NEPA) of 1969 (PL 91-190) (83 Stat. 852) approved 1 January 1970, declared a national environmental policy for protection and enhancement of the environment and established a Council on Environmental Quality (CEQ). NEPA set forth the requirement for an environmental impact statement on any major Federal action significantly affecting the quality of the human environment.(b) The Conservation of Forest Land Act of 1960 (PL 86-717) (74 Stat. 817) approved 6 September 1960 required that projects be developed and maintained to encourage adequate forest resources. Forest management programs must be administered to increase the value of project lands for recreation and wildlife and to promote natural ecological conditions by following accepted conservation practices
(c) The Federal Water Pollution Control Act Amendments of 1961 (PL 87-88) approved July 20, 1961 provided for a more effective program of water pollution control. Amended by PL 92-500, Section 404, approved October 18, 1972, which grants permits for dredged or fill material.
(d) The Wild and Scenic Rivers Act (PL 90-542) approved October 2, 1968, preserves and protects selected rivers of the country that possess "outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural and other similar values" with the purpose of instituting a national system of rivers having such values. The system is administered jointly by the Forest Service and the Park Service. Corps activities on the streams included in the system are subject to review by whichever of these agencies is responsible for the specific stream.
(e) The Clean Water Act of 1977 (PL 95-217) approved December 27, 1977 amended the Federal Water Pollution Control Act and extends the appropriations authorization.
(f) The Farmland Protection Policy Act (PL 97-98) approved December 22, 1981 minimized the extent to which Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses.
(g) The Water Resources Development Act of 1986 (PL 99-662)
Section 1135, Project Modifications For Improvement Of Environment, states that the Secretary is authorized to review the operation of water resources projects constructed by the Secretary before the date of enactment of this Act to determine the need for modifications in the structures and operations of such projects for the purpose of improving the quality of the environment in the public interest.The Secretary is authorized to carry out a demonstration program in the two-year period beginning on the date of enactment of this Act for the purpose of making such modifications in the structures and operations of water resources projects constructed by the Secretary before the date of enactment of this Act, which the Secretary determines (1) are feasible and consistent with the authorized project purposes, and (2) will improve the quality of the environment in the public interest. The non-Federal share of the cost of any modification carries out under this section shall be 25%, amended to 35 % by Section 210 of WRDA 96.
The Secretary shall coordinate any actions taken pursuant to this section with appropriate Federal, State, and local agencies.
Not later than two years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the review conducted under subsection (a) and on the demonstration program conducted under subsection (b). Such report shall contain any recommendations of the Secretary concerning modifications and extensions of such program.
There is authorized to be appropriated an amount not to exceed $25,000,00 to carry out this section.
(h) Water Resource Development Act of 1990 (PL 101-640)
Section 306 stated that environmental protection was one of primary missions of the Corps of Engineers in the planning, designing, constructing, operating, and maintaining water resource projects.Section 307 stated two goals for the Corps of Engineers water resource development program: 1.) an interim goal of no overall net loss of the Nations remaining wetlands base, as defined by acreage and function and 2.) a long-term goal to increase the quality and quantity of the Nation's wetlands as defined by acreage and function.
(5) Cultural and Historical Considerations.
A number of laws mandating the protection of cultural resources on public lands have been passed during the past 75 years. These laws and Executive Orders are summarized in Appendix A of the St. Louis District Cultural Resource Management Policy (April 1982). The following laws subsume, clarify, or supersede all previous cultural resources law:(a) The Archaeological Resources Protection Act of 1979 (16 USC 470 et seq.) (PL 96-95) revised and updated the 1906 Antiquities Act. And protects archaeological resources and sites that are on public lands and Indian land, and fosters increased cooperation and exchange of information between governmental authorities, the professional community, and private individuals. The Act requires and provides for permits to conduct scientific archeological excavations by qualified individuals and also specifies criminal acts and provides for criminal and civil penalties.
(b) The 1980 Historic Preservation Amendment to the National Historic Preservation Act of 1966, (PL 96-515) states a policy of preserving, restoring, and maintaining cultural resources. It also requires that Federal agencies take into account the effect of any undertaking on any site on or eligible for the National Register of Historic Places.
(c) Archaeological and Historic Preservation Act (Reservoir Salvage Act) (PL 86-523) approved June 27, 1960, as amended (16 USC 469 et seq.) provides for the preservation of historical and archaeological data which might otherwise be lost or destroyed as the result of flooding or any alteration of the terrain caused as a result of any Federal construction projects.
(d) The Native American Graves Protection and Repatriation Act (PL 101-601) November 16, 1990, requires museums and federal agencies to inventory human remains and associated funerary objects and to provide culturally affiliated tribes with the inventory of collection. The Act requires repatriation, on request, to the culturally affiliated tribes and establishes a grant program within the Department of the Interior to assist tribes in repatriation and to assist museums in preparing the inventories and collections summaries.
(e) The Water Resources Development Act of 1996 (PL 104-303), approved 12 October 1996.
Sec. 215. NATIONAL DAM SAFETY PROGRAM. Assigns the National Dam Safety Program to FEMA, except that the National Inventory of Dams is to be carried out by the Corps. Authorizes appropriations of $500,000 per year to carry out the inventory.Sec. 216. HYDROELECTRIC POWER PROJECT UPGRADING. Authorizes Secretary to increase the efficiency of hydropower energy production or the capacity of the Corps hydro-facilities in carrying out maintenance, rehab, and modernization of the Corps facility.
Sec. 221. PLANNING ASSISTANCE TO STATES. Amends Section 22 of WRDA 74 to expand the areas of planning effort to include watersheds and ecosystems, and expands the annual program budget from $6 million to $10 million, with an increase of per state expenditure of $300,000 to $500,000. [Removes outdated phase-in of 50% non-Federal cost sharing.]
a. The following statements provide general guidance for the plan of development and future management arrangements.(1) Corps of Engineers management activities will be directed towards fostering a balance between the economic, environmental, and recreational demands on the Upper Mississippi River within constraints of the three primary Federal purposes of the river (navigation, recreation and fish and wildlife) and recognizing the multi-use, multi-purpose character of the resource.(2) Major portions of land parcels purchased by the Federal Government along the river are submerged (below normal pool levels) as a result of construction and operation of the navigation project. To the degree possible, these submerged lands will be treated in a manner consistent with adjacent land use classification designations in terms of permit applications for non-federal uses. For example, a permit for a barge-fleeting area may be viewed differently if the proposed location were adjacent to lands allocated for project operations than it would be if the location were adjacent to lands allocated for wildlife management.
(3) Commercial activities will generally not be considered appropriate on Federal land within the jurisdiction of this land use classification plan. Private ownership is between 29-80% in the Pool areas. Public land will be zoned for public use.
(4) The Corps and USFWS recognize the need for jointly planned and fully coordinated actions on Federal lands covered under a long term the General Plan agreement. This Master Plan will lay the groundwork for further joint action. The resource plan (Section 7 - Land and Water Area Management Plans) will consider changes to the Cooperative Agreement that would promote more efficient operation of the project's management units.
(5) Management programs established by the St. Louis District for lands and waters under its jurisdiction will be consistent with the following established environmental objectives for the Corps of Engineers: 1. To preserve unique and important ecological, aesthetic, and cultural aspects of our national heritage 2. To conserve and use wisely the natural resources of our Nation for the benefit of present and future generations 3. To enhance, maintain, and restore the natural and constructed environment in terms of its productivity, variety, spaciousness, beauty, and other measures of quality 4. To create new opportunities for project visitors to use and enjoy their environment.
1.05 -- Engineer Regulations and Engineer Pamphlets
The following Corps engineering regulations (ERs) and pamphlets (EPs) govern activities on Rivers Project lands:a. ER 1105-2-100, December 28, 1990 - Policy and Planning: Planning GuidanceThis regulation describes the types of Army Civil Works planning programs and studies, the various purposes served by water resource projects, principle guidelines and procedures for formulating and evaluating water resource plans, and the Washington level review process.b. ER 1110-2-400, 1988 - Design of Recreation Sites, Areas, and Facilities
This regulation provides information and criteria related to planning and design of recreation facilities at water resource projects.c. EM 1110-1-400, July 31, 1987 - Engineering and Design, Recreation Planning and Design Criteria
This regulation provides guidance compiled from experience and research for use in the planning and design of recreation areas, sites and facilities.d. EM 1110-2-400, May 31, 1988 - Engineering and Design, Design and Recreation Sites, Areas and Facilities
This regulation establishes policy and guidance for the design of recreation sites, areas and facilities.e. ER 1120-2-401, 14 August 1970 - Investigation, Planning and Development of Water Resources: Preservation and Enhancement of Fish and Wildlife Resources
This regulation prescribes policies and procedures for considering the preservation and enhancement of fish and wildlife resources in the planning and development of Corps water resource projects.f. ER 1120-2-404, 14 August 1970 - Investigation, Planning and Development of Water Resources: Federal Participation in Recreational Development
This regulation provides guidance on Federal participation and non-Federal cooperation in the development of outdoor recreation and fish and wildlife enhancement at Corps water resource projects, plus guidance on the need and timing of assurances of non-Federal cooperation in such features.g. ER 1130-2-401, October 1, 1983 - Project Operations: Recreation Resource Management of Civil Works Water Resource Projects
This regulation provides policy and procedural guidance for administration and management of Corps civil works projects. It deals primarily with the administration of project lands and waters to assure a uniformly high quality of recreational services and environmental enhancement and preservation in the operation, maintenance, and administration of all projects.h. ER 1130-2-406, 31 October 1990 - Shoreline Management at Civil Works Projects
The purpose of this regulation is to provide policy and guidance on management of shorelines of Civil Works projects where 36 CFR Part 327 is applicable.i. ER 1130-2-500, 27 December 1996 - Partners and Support Work Management Policies
This regulation establishes the policy for the management of operations and maintenance (O&M) activities of Corps personnel performing civil works functions related to navigation, dredging, environmental stewardship, and recreation services at water resource projects. Programs described include Cooperating Associations, Volunteer, Contributions and Challenge Cost-sharing among others.j. EP 1130-2-500, 27 December 1996 - Partners and Support Work Management Guidance and Procedures
This operations and maintenance (O&M) pamphlet establishes guidance and procedures for the management of activities at the U.S. Army Corps of Engineers water resource development projects and supplements ER 1130-2-500k. ER 1130-2-530, 30 October 1996 - Environmental stewardship operations and maintenance policies
This regulation in addition to ER 1130-2-500, established the policy for the operations and maintenance (O&M) of Corps flood control and related structures at civil works water resource projects and of Corps-built flood protection projects operated and maintained by non-Federal sponsors.l. ER 1130-2-540, 15 November 1996 - Environmental Stewardship Operations and Maintenance Policies
This regulation establishes the policy for the management of operations and maintenance activities of the Corps personnel performing civil works functions related to flood control, navigation, dredging, hydroelectric power generation, environmental stewardship, and recreation services at water resource, waterway, and other Corps projects.m. EP 1130-2-540, 15 November 1996 - Environmental Stewardship Operations and Maintenance Guidance Procedures
This pamphlet establishes guidance for the management of environmental stewardship related operations and maintenance activities as Corps civil works water resource projects and supplements ER 1130-2-540, Environmental Stewardship Operations and Maintenance Policies.n. ER 1130-2-550, November 15, 1996 - Chapter 3: Project Master Plans and Operational Management Plans
This chapter establishes the policy for the preparation of master plans and operational management plans for USACE civil works projects.o. EP 1130-2-550, 15 November 1996 - Recreation Operations and Maintenance Guidance and Procedures
This chapter establishes guidance for the management of recreation programs and activities and for the operations and maintenance of Corps recreation facilities and related structures, at civil works water resource projects and supplements ER 1130-2-510, Recreation Operations and Maintenance Policies.p. ER 1165-2-27, 18 August 1989 -Establishment of Wetlands in Connection with Dredging
This regulation provides guidance for the establishment of wetlands areas in connection with dredging required as part of water resource development projects.q. ER 1165-2-28, 30 April 1980 -Corps Participation in Improvements for Environmental Quality
This regulation provides guidance for including Environmental Quality (EQ) measures in Corps water resource development plans.r. ER 1165-2-400, 9 August 1985 - Water Resources Policies and Authorities: Recreation Planning, Development and Management Policies
This regulation defines objectives and policies governing planning, development and management of outdoor recreational resources, plus enhancement of fish and wildlife at Corps water resource projects.
1.06 -- Purpose of the Master Plan
a. The Rivers Project Office is currently managing project lands and waters in accordance with approved Master Plans and appurtenant supplements and design memorandums for Pools 24, 25 and 26 as well as the State of Illinois' Kaskaskia River Navigation Project Land and Water Use Master Plan. Pool 27 and the open river currently do not have approved master plans. There is currently no Master Plan type document that provides a regional conceptual plan for the management and development of Corps federal lands and waters under the jurisdiction of the St. Louis District Rivers Project Office.b. The primary objective of the master plan is to publish a clear, practical and balanced plan that will guide future Corps land use decisions and public use development actions on the St. Louis District's portion of the UMRS. The intent of the Master Plan is to provide a guide for effective management of the federal lands natural and constructed resources while preserving habitat, accommodating public recreational demands and insuring continued river navigation.
1.07 -- Scope of the Master Plan
a. The St. Louis District updated the Mississippi River project master plans in 1977. However, no Corps master plans exist for Locks and Dam 27, the Kaskaskia River Navigation project and the open river. Since 1977, there have been many changes in public recreation perceptions and demands, in natural and constructed resources along the river, and in Federal roles in the project area. These changes have resulted in the recognition of the need to develop a comprehensive meaningful guide for the future management of the federal lands and waters of the Mississippi, Illinois and Kaskaskia rivers within the St. Louis District. This Master Plan will incorporate all of the management areas and address current and future programmatic and management needs. It will also address the Corps and partner agency responsibilities on the open Mississippi River between Cairo, Illinois and Locks and Dam 27 as well as the fee title and operational easement lands along the lower 57 miles of the Kaskaskia River.b. The general objectives, scope, and format of this document follows laws and guidelines as cited above (Sections 1.03 and 1.05). This master plan can not resolve many broad based and long-term problems associated with the UMRS. Examples of such problems include increasing sedimentation, water quality issues, balancing the growth of commercial navigation with other needs, developments that are not on federal lands, optimization of pool levels and many others. However, the Corps will integrate the watershed perspective into opportunities and action within its authority to operate and maintain the UMRS. Opportunities will be explored and identified where joint-use watershed resource management efforts can be pursued to improve the efficiency and effectiveness of the Corps Civil Works Programs. Participation will be solicited from federal, state and local agencies, organizations, and the local community to ensure that their interests are incorporated into the formulation and implementation of the effort. The Corps and other appropriate agencies may address these problems in separate future studies.