The construction, operation and maintenance of some civil works projects may adversely impact the quality of the environment. In 1986, Congress authorized the Corps of Engineers to modify the structures or operations of Corps projects to restore or improve the quality of the environment and ecosystem functions impaired by these projects. These modifications can not conflict with the authorized project purposes (e.g., flood control, navigation). In 1996, Congress amended this authority to allow restoration in areas outside Corps project lands, but impacted by the Corps project. In 1999, Congress further directed that this authority could be used for the control of sea lamprey at sites throughout the Great Lakes
This authority has been used to modify dams and their operations to enhance water quality and promote fish migration. Navigation structures might be modified to increase their habitat value or to protect and restore coastal wetlands.
In the Great Lakes, this authority has been used by the Detroit District in cooperation with the Great Lakes Fishery Commission to construct sea lamprey traps at the navigation locks at Sault Ste. Marie, Michigan (pictured). As an alternative to the use of chemical lampricides, these traps have been used to capture sea lamprey, and the males then sterilized and released.
Sites in the Great Lakes region that are currently being investigated for environmental improvements under this authority are summarized:
| Location |
Type of project |
Status |
| Buffalo River, NY |
Habitat restoration |
Design |
| East Harbor State Park, OH |
Habitat restoration |
Initial planning |
| Paw Paw River, MI |
Sea lamprey barrier |
Initial planning |
| Rochester Harbor, NY |
Water quality restoration |
Initial planning |
This environmental restoration authority requires a non-Federal partner, who may be a state, local or tribal government, or a non-profit organization. After the initial planning is conducted at full Federal funding, the non-Federal partner must cost share 25 percent of the feasibility study, design and construction. The non-Federal partner must also provide all necessary lands, easement, rights-of-way, relocations and disposal (LERRD). Congress directed that annual funding for this authority not exceed $25,000,000 Corps-wide, and that the Federal share on individual projects not exceed $5,000,000. The FY 2000 appropriation for this program is $10,000,000.
Where the project costs exceed the limits of this authority, Congress may direct the project through specific legislation.