floodplain management decisions, a public involvement program should: (1) Include as broad an audience as possible; (2) provide continuous interaction and involvement opportunities for the public in the planning and decision-making process; (3) provide information which promotes the fullest understanding of the proposed action; and (4) provide timely opportunities for all segments of the public to affect a proposed action or plan before alternative actions have been precluded. The policies and objectives for public involvement contained in § 240.3 (n) and (p) are parallel to the requirements of the Order and should be continued. However, public participation programs will also include early, specific reference to Executive Order 11988 and its objectives. § 240.15 Application of EO to civil works program. The provisions of this regulation are applicable to civil works activities as outlined below. (a) Preauthorization Studies. Where a floodplain may be affected, the policy and procedures of this regulation shall be incorporated in the multiobjective planning process (ER 11052-200 series of regulations) from the outset, to a scope and level of detail appropriate for preauthorization stud ies. (b) Advanced Engineering and Design. Reporting officers should insure that projects in the advanced engineering and design stages comply with the intent and objective of the Executive Order as set forth in this regulation. (c) Continuing Authorities Program (ER 1105-2-50). Where a floodplain may be affected, the policies and procedures of this regulation are applicable to the planning and design of projects under the continuing authorities program. Current Studies conducted thereunder shall incorporate the policies and procedures of this regulation early in the multiobjective planning process as required by § 239.3(f). (d) Projects Under Construction. The minimization, restoration and preservation requirements of the Executive Order shall apply to projects under construction. Construction activities should be performed in a manner that harm to the existing floodplain environment is minimized; environmental values of a floodplain construction site is restored to the extent practicable; and existing and beneficial floodplain values of an undisturbed floodplain construction site are preserved and protected to the extent possible. (e) Operation and Maintenance Activities. The policies and procedures of this regulation are applicable to operation and maintenance activities of the Corps of Engineers within the base floodplain. District Engineers should insure that future actions at projects operated and maintained by the Corps comply with the policies and procedures set forth in this regulation and 33 CFR 209.145. (f) Emergency Activities. Emergency flood-related activities essential to saving lives and protecting property and public health and safety, are exempt from the provisions of the Order. Post flood rehabilitation activities performed under Pub. L. 84-99 by the Corps shall comply with the intent of the Executive Order. PART 252-FRAMEWORK AND BASIN STUDY PROGRAMS Sec. 252.10 Purpose. 252.14 Program legislative and executive authorities. 252.15 Program policy. 252.16 Program management. 252.17 Reporting requirements. 252.18 Review of Level A and Level B study reports. 252.19 Program funding. Appendix A. AUTHORITY: Pub. L. 89-80, Water Resources Planning Act, 22 July 1965 (42 U.S.C. 1962). SOURCE: 40 FR 31718, July 28, 1975, unless otherwise noted. § 252.10 Purpose. This regulation provides general guidance for Corps of Engineers' participation in multi-agency studies of 40-092 0-79--31 Level A scope (Framework and Assessment) and Level B scope (Regional or River Basin) as defined by the Water Resources Council (WRC). § 252.11 Applicability. This regulation is applicable to all OCE elements and all field operating agencies having Civil Works responsibilities. § 252.12 References. (a) Section 209, Pub. L. 92-500, (86 Statute 843, 33 U.S.C. 1289), Federal Water Pollution Control Act Amendment of 1972, October 18, 1972. (b) Public Law 89-80, Water Resources Planning Act, (79 Statute 244254) July 22, 1965. (c) Water Resources Council Policy Statement, Water and Related Land Resources Planning, July 22, 1970, (available from Water Resources Council, 2120 L Street NW., Washington, D.C. 20037). (d) Water Resources Council, Statement of Purpose, Policy, and Objectives, June 13, 1974, (available from the Water Resources Council). (e) Water Resources Council, The New Approach, May 31, 1974, contained in the Second Annual Report to the Congress of the United States on Level B planning (Appendix A). (f) Water Resources Council, "75 Water Assessment, The Example," July 1974 (available from the Water Resources Council). (g) ER 1105-2-10, "Intensive Management". § 252.13 Types of studies. (a) General. There are generally three types of studies in the Federal water and related land planning programs. These are Level A Assessments and Framework Studies; Level B Regional or River Basin Studies; and Level C Implementation Studies. While the sequential lettering of these studies implies an order of procedure for those studies that are interrelated, studies are not restricted to that particular sequence. Level C or Implementation Studies may be undertaken in areas where the problems and potential solutions are well defined and the intermediate Level B study is not needed or has not yet been completed. In addition, a Level C study of a specific basin project or program may be conducted prior to or concurrent with Level B Studies unless it is apparent that interrelationships required a broader analysis to avoid potentially adverse and irreversible decisions. (b) Level A Studies. Assessments and Framework Studies are the broadest comparison of water and related land planning problems in major regions of the nation. Generally, the assessment will involve a continuing program with reports prepared at five year intervals to serve as a national guide to more detailed studies. Assessments are characterized by utilization of available data organized around major policy and broad socioeconomic trends to determine their implications on more detailed planning studies. Required outputs of Level A Studies are identified in reference § 252.12(f). (c) Level B Studies. (1) Level B studies are made at the Regional or River Basin level for water and related land resources where problems are of a complex, interdisciplinary nature necessitating an intermediate planning step between Level A and Level C studies. Level B studies are designed to resolve long range problems identified in a Level A study by focusing on the associated midterm problems and solutions and recommending plans and programs to be pursued by appropriate Federal, State, or local entities. Water quality, water quantity and land management problems are the focus for integration. The primary characteristic of Level B Studies is that they are largely based on judgemental planning, no new data collection, strong public involvement, and a high level of participation and leadership by the states. (2) Level B studies provide for an interpretation of national and regional projections; identify alternative plans (methods) and programs; and identify alternative programs for management and use of water and related resources by including multiobjective and multipurpose considerations in each plan or program. The measures or programs recommended for implementation at the conclusion of each Level B study must recognize and be based on reasonable assumptions of investment capabilities of agencies designated to carry out such programs or plans, whether the agencies are Federal, State, or local. Alternative levels of investment and their impacts may be shown where appropriate. (3) The required outputs of a Level B study have not been clearly defined by WRC, but as a minimum, a Level B study should recommend implementation of projects and programs for inclusion in the overall early action plan for the basin. In addition, Level B studies will generally identify: implementation studies needed within a 1525 year time frame; other programs; a statement of their relationship to long-term and unresolved issues; and recommendations for new policies or changes in existing policies. § 252.14 Program legislative and executive authorities. (a) Title I of the Water Resources Planning Act, Pub. L. 89-80 encourages the conservation, development, and utilization of water and related land resources of the Nation on a comprehensive and coordinated basis by all levels of government and nongovernmental entities and individuals. This Act applies to both Level A and Level B studies. Title II, section 201(b) of the Act provides the general authority for River Basin Commissions, including Federal and State members, to participate in preparing assessments and river basin plans. (b) The WRC Policy Statement (reference § 252.12(c)) further states that multi-agency water and related land resources planning shall be performed under guidance of the Water Resources Council. Study leaders shall be designated by river basin commissions in their areas or by the Water Resources Council in other areas. Federal agencies, including the Corps of Engineers, engaged in this type of planning are participants in multi-agency studies. § 252.15 Program policy. As a member of the Water Resources Council, the Department of the Army endorses the policies and procedures established by the Council for Level A and Level B studies. A summary of these policies, with appropriate references, is provided below. In addition, policies on the management aspects of Corps participation in Level A and Level B studies are contained in § 252.16. (a) The WRC Statement of Purpose, Policy and Objectives (reference § 252.12(d)) will guide the Council's development and implementation of policies, programs and activities in the future. The Statement of Purpose defines the broad framework and legislative basis for the Council's functions and activities; the Statement of Policy is a summary of the criteria, assumptions and activities that will guide and carry out implementation of the purpose of the Water Resources Council; and the Statement of Objectives sets out a schedule of specific, desired accomplishments for the relative nearterm future (12-18 months). (b) The WRC Second Annual Report to Congress on Level B Planning outlines the new approach to Level B studies adopted in 1973, (Appendix A). The new approach stresses the importance of Level B planning, the issues to be addressed, the study participants, funding and the relationships between water and land management problems including land use, coastal zones management, and rural area development. It also advanced some study limitations on time, funds and data input. Although primarily directed toward section 209, Pub. L. 92-500, the new approach is generally applicable for all Level B planning. (c) The Corps of Engineers' role in Level A and Level B studies will usually be that of a participant but in some cases the coordinating field entity may request the Corps to assume the role of study leadership. In areas of the nation where there is no coordinating entity, the Corps may be directly named as study sponsor by the Water Resources Council. All Level A regional sponsors operate under a Regional Work Agreement which is an agreement between the sponsor and the Water Resources Council. When there is no organized regional entity, the current WRC approach is to delegate a strong leadership role to the affected State or States. Although the Corps role in Level A and Level B studies will generally be as a participant, the level of responsibility will vary on a case-by-case basis. § 252.16 Program management. The Water Resources Council has the primary responsibility for managing and coordinating Level A and Level B studies nationwide. The Council assigns particular studies to appropriate regional entities, such as River Basin Commissions. When the Corps participates in a Level A or Level B study, the following management responsibilities are to be exercised: (a) Office, Chief of Engineers. OCE will not normally be involved in the management and coordination of Corps participation in specific Level A and Level B Studies (see § 252.17). However, OCE will be involved as a participant through the Water Resources Council in the selection of Level A and Level B studies, the development of criteria for study, and selection and formulation of budget recommendations. The primary responsibility to effect the above coordination rests with the Army Representative to the Water Resources Council, designated by the Secretary of the Army. (b) Division Engineers. (1) Division Engineers are responsible for intensive management of Corps participation in Level A and Level B studies conducted within respective Division boundaries (ref ER 1105-2-10). This responsibility includes, but is not limited to insuring that appropriate Division and District personnel are assigned to work with the regional entity designated by the Water Resources Council as the study leader, to assist the study leader, as requested, in developing study schedules, funding requirements, areas of responsibility and to assist in the conduct of the study generally in accordance with the guidelines provided by the Water Resources Council. Division Engineers are also to monitor fiscal and physical progress of Corps effort, with appropriate use of milestones, and are to assure that Corps responsibilities are fulfilled. (2) In cases where the Corps is assigned a leadership role in a Level A or Level B study, Division Engineers are to be personally and directly involved in the study, and are to insure that the Army Representative to the Water Resources Council is kept apprised of significant activities and actions (see § 252.17). (c) District Engineers. District Engineers are responsible for accomplishing assignments made by their Division Engineers, insuring that appropriate personnel are designated to represent the Corps in Level A and Level B studies. For the most part, work assignments given to the Corps by the study leader will be delegated to District Engineers based on capability, location, and available expertise in the particular areas of required effort. § 252.17 Reporting requirements. There are no recurring report requirements for field operating agencies prescribed by this regulation. However, through their intensive management, Division Engineers are to keep the Chief of Engineers informed, in accordance with the following guidelines: (a) Letters containing information warranting the personal attention of the Army Representative to the Water Resources Council or the Director of Civil Works are to be sent to HQDA (DAEN-CWZ-A) WASH DC 20314. (b) Letters outlining problems or significant actions concerning policy matters should be sent to HQDA (DAENCWR-W) WASH DC 20314. In all cases where an OCE position is desired, the Division Engineer should present his recommended course of action. (c) Letters outlining problems or significant actions concerning planning procedures and application of Federal planning criteria are to be addressed to HQDA (DAEN-CWP-P) WASH DC 20314. § 252.18 Review of Level A and B Study Reports. The Chief of Engineers will review Level A and Level B study reports as requested by the Water Resources Council. The review will be conducted by various elements of OCE, including BERH, as deemed appropriate by DAEN-CWR-W. When Division Engineers review or prepare draft reports as input to a Level A or Level B study, informal OCE review may be requested on particular aspects as deemed appropriate, based on interfaces identified with Corps programs. Review of selected portions of draft reports should be requested through DAENCWR-W. § 252.19 Program funding. At this time, funding procedures for Level A and Level B studies are being revised. Information pertaining to budgetary submissions to OCE is contained in ER 11-2-101 and annual Engineer Circulars. Further guidance on funding requests will be furnished when available. APPENDIX A SECOND ANNUAL REPORT TO THE CONCRESS OF THE UNITED STATES ON LEVEL B (SECTION 209) PLANNING United States Water Resources Council Washington, D.C. 20037 Honorable GERALD R. FORD, President of the Senate MAY 31, 1974. DEAR MR. PRESIDENT: On behalf of the President, I am pleased to transmit the second annual report required by section 209 of the Federal Water Pollution Control Act Amendments of 1972. Section 209 directs the President, acting through the Water Resources Council, to prepare a Level B plan for all basins in the United States and to report annually to the Congress on progress. During the past year considerable effort was expended by the Council in developing a position on implementing section 209. Representatives of Member Departments and Agencies of the Council, the States, and the River Basin Commissions cooperated effectively with each other in evolving a new approach to Level B planning. The new approach is based largely on judgmental planning; strong compact central management; immediate and iterative plan formulation (involving public review and feedback); no new original data collection; and increased emphasis on participation and leadership of the States. As a result, Level B study time periods and costs will be substantially lower than those of river basin studies of prior years. We are presently testing this new ap The first annual report to the Congress in response to section 209 of the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500) was submitted to the Senate and to the House of Representatives by letter from the Chairman of the Water Resources Council (WRC), dated May 15, 1973. In response to a letter inquiry from the Chairman, House Committee on Public Works, the Chairman, WRC, by letter of July 12, 1973, stated: "As you know, the Environmental Protection Agency and other Federal agencies are working closely to establish the coordination and program design for the implementation of Pub. L. 92-500. The results of this review will be reflected in next year's report." Because of this commitment and in response to a directive of September 21, 1973, from the Chairman, WRC, the Director of WRC organized a Task Committee to develop a position on implementing section 209. Membership of that Committee consisted of the Director as Chairman and representatives of the Departments of Interior, Agriculture, and Army, the Environmental Protection Agency, and the River Basin Commissions (RBC's). Four Work Groups, which included State representatives, provided the basis for the Task Committee's proposed section 209 implementation program. Section 209 provides for development of Level B plans for all river basins or regions in the United States by January 1, 1980. $200 million have been authorized in the Act for this purpose. This impetus, together with the proliferation of interrelated programs, dictates the necessity of utilizing Level B planning as an important and essen |