(a) Section 1, Public Law 534, 78th Congress, Flood Control Act of 1944 (58 Stat. 887), December 22, 1944.

(b) Section 1, Public Law 18, 79th Congress, River and Harbor Act of 1945 (59 Stat. 10), March 2, 1945.

(c) Section 2, Public Law 89-80, Water Resources Planning Act (79 Stat. 244), July 22, 1965.

(d) Section 101(b), Public Law 91190, National Environmental Policy Act of 1969 (83 Stat. 852), January 1, 1970.

(e) Water Resources Council, Principles and Standards for Planning Water and Related Land Resources, 38 FR 24778-24869, 10 September 1973. (f) AR 340-17.

§ 380.13 Definition.

“Public” is defined as any affected or interested non-Corps of Engineers entity. This includes other Federal, regional, state, and local government entities and officials; public and private organizations; and individuals.

§ 380.14 Basic authorities.

(a) In the referenced authorities, both the Congress and the Water Resources Council have stressed the importance of broad public involvement in Federal water resource planning. The Flood Control Act of 1944 and the River and Harbor Act of 1945 directed the Corps of Engineers to provide to affected States information developed during the course of planning investigations and to consult with the States throughout such studies. In the Water Resources Planning Act of 1965, the Congress encouraged utilization and development of water and related land resources on a coordinated basis by Federal, State and local interests, and established the Water Resources Council as the responsible Federal agency to assist such coordination at the Federal level. More recent legislative and administrative direction on public involvement is embodied in the National Environmental Policy Act of 1969 and the Water Resources Council Principles and Standards. These authorities require Federal planning procedures to be more responsive to increased demands of the public to become more informed and actively involved in water resources management planning and decisions. In essence, these more recent public involvement policies and requirements complement previously established policies and requirements for intergovernmental coordination.

(b) The provisions of 5 U.S.C. 552, commonly referred to as the "Freedom of Information Act", are implemented for the Department of the Army by AR 340-17. Pending issuance of further clarifying instructions by

OCE to 5 U.S.C. 552, reporting and reviewing officers are to utilize the guidance provided in the Army Regulation. Questions concerning this Army Regulation should be referred to HQDA (DAEN-GCK) WASH DC 20314.

§ 380.15 Policy and objective of public involvement.

(a) Policy. In consonance with the intent of Congress, it is the policy of the Chief of Engineers that the Civil Works program be conducted in an atmosphere of public understanding, trust and mutual cooperation.

(b) Objective. The objective of public involvement is to actively involve the public in water resources studies in order to insure that these studies respond to public needs and preferences to the maximum extent possible, within the bounds of local, state and federal programs, responsibilities and authorities. To accomplish this objective, the Corps of Engineers in its planning programs will:

(1) Open and maintain channels of communication with the public,

(2) Encourage public understanding of federal, state, regional, and local responsibilities, authorities and procedures in conducting water resources planning studies and implementing water resources programs,

(3) Present information which will assist the public in defining its water resources problems, needs, and objectives,

(4) Solicit the public's comments, views, and perceptions of problems, needs, alternative solutions and related impacts, and any recommendation for Federal action, and

(5) Give full consideration to public needs and preferences in the planning process.

(c) Accomplishment of objective. The accomplishment of the objective of public involvement is the recognition by the public that study conclusions and selected implementation plans of reporting and reviewing officers adequately considered public views and preferences. The test of public acceptance and other evaluation criteria used to select a plan will be discussed in the 1105-2-200 series of regulations.

§ 380.16 Public involvement programs.

If Corps planning is to be responsive to public needs and preferences, a continuous dialogue between the Corps and the public is required during the planning process. The means to establish this dialogue must be identified early in the planning process, formalized as a specific public involvement program, and implemented by the reporting officer in each planning study. Further explanation of such programs will be included in other 1105-2-800 series regulations as discussed in § 380.18 below. The task of achieving the public involvement objective is not easy. A considerable effort to elicit public views is required, as well as integration of diverse public inputs in the planning and decision-making process. There is no single best approach to achieving the Corps public involvement objective. All affected Corps elements should be committed to ongoing training, monitoring and evaluation in order to develop and employ techniques which will achieve the desired results.

§ 384.2 Applicability.

This regulation is applicable to OCE elements and all field operati. agencies having civil works responsib ities.

§ 384.3 References.

(a) OMB Circular No. A-95 (Revised), 2 January 1976 (Appendix A).

(b) 1975 Catalog of Federal Domestic Assistance, Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(c) Permits for Activities in Navigable Waters or Ocean Waters, 33 CFR 209.120, FEDERAL REGISTER, Vol. 40, No. 144, pp. 31320-31344, 25 July 1975.

(d) DA Pam 210-4, Coordination of Army Development with State and Local Governments.

(e) ER 360-1-1, Public Affairs.

(f) ER 405-2-150, Planning and Project Authorization-Civil Works Projects.

(g) ER 1105-2-14, Framework and River Basin Study Programs (Level A and Level B Studies) (33 CFR 252).

(h) ER 1105-2-22, Urban Studies Program (33 CFR 264).

(i) ER 1105-2-50, Continuing Authorities Program (33 CFR 263).

(j) ER 1105-2-81, Planning Assistance to States (33 CFR 265).

(k) ER 1105-2-200, Multiobjective Planning Framework (33 CFR 290).

(1) ER 1105-2-507, Environmental Impact Statements (33 CFR 209.410).

(m) ER 1105-2-800, Public Involvement: General Policies (33 CFR 380). (n) ER 1120-2-400, Recreation Resources Planning.

(0) ER 1165-2-22, Federal Regional Council Coordination.

(p) EP 1165-2-303, Flood Plain Management Services Program.

§ 384.4 Definitions.

See Part V, Attachment A, OMB Cir A-95.

§ 384.5 General.

A-95 clearinghouses are comprehensive planning agencies, and, as such, will probably have done land use, transportation, water and sewer, air and water pollution, natural resources and other developmental plans and studies. Thus, they represent a prime