REGIONAL MEMORANDUM OF UNDERSTANDING 

BETWEEN 

SAND COUNTY FOUNDATION 

AND THE 

UNITED STATES ARMY CORPS OF ENGINEERS 

MISSISSIPPI VALLEY DIVISION 

THROUGH ITS ST. PAUL, ROCK ISLAND, ST. LOUIS, MEMPHIS, VICKSBURG, 

AND NEW ORLEANS DISTRICTS 

I. INTRODUCTION. This Regional Memorandum ofUnderstanding (Regional MOU) is 

entered into between the Mississippi Valley Division of the U. S. Army Corps of Engineers 

(MVD) and its six districts (St. Paul, Rock Island, St. Louis, Memphis, Vicksburg, and New 

Orleans Districts), through the MVD Division Commander, and The Sand County Foundation 

(hereinafter SCF) for the purposes of facilitating regional interests and objectives within each 

parties' areas of responsibility and interest. The geographic scope ofthis Regional MOU shall 

be the Mississippi River, its floodplains, from its headwaters to its delta, and major tributaries 

and distributaries of exceptional ecological value within the boundaries ofMVD (for example, 

the Wisconsin River Basin, the Illinois Waterway, the Hatchie River and Bottoms, the Lower 

White River and Basin, the Lower Arkansas River, the Yazoo River and Basin, and the 

Atchafalaya River and Basin). 

II. PURPOSE. The purpose ofthis Regional MOU is to facilitate effective management of 

important environmental resources of mutual interest to SCF and MVD Activities carried out 

pursuant to this Regional MOU are expected to help protect natural biological communities and 

improve habitats while meeting human needs. Such activities will be conducted within the 

context of the Corps' civil works and regulatory missions to meet the objectives outlined below. 

A. Protect and/or restore freshwater and coastal habitats for native animals, plants, and 

natural communities while meeting human needs; 

B. Advance the understanding of and increase the dialog regarding contributing factors 

of hypoxia and nutrient transport into the nation's waterways and in particular the 

Mississippi River and its tributaries; 

C. Develop effective measures to improve water quality and to reduce the discharge of 

nitrogen into the nation's waterways and in particular the Mississippi River and its 

tributaries; 

D. Study and capture opportunities for river/floodplain rehabilitation through low-head 

dam and levee removal where such structures, have outlived their purpose, are no 

longer economically viable, or pose a threat to the public health and safety; (correct 

spacing format) 

E. Effectively utilize the expertise and resources ofMVD and SCF as applied to any 

authorized joint programs and projects; 

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Ill. RESPONSIBILITIES. The parties, to the extent authorized by law and MVD and SCF 

policies and within existing legal authorities, agree as follows: 

A. The MVD Districts will consider environmental sustainability concepts suggested by 

SCF for incorporation into the conceptualization, evaluation, planning, construction, and 

operation ofMVD District projects within the geographic scope of this Regional MOU. 

B. The SCF shall, as appropriate and subject to its internal policy regarding confidential 

information, contribute pertinent scientific and conservation planning information to 

MVD Districts for their projects within the geographic scope of this Regional MOU. 

C. The MVD Districts and SCF shall share information and expertise in exploring potential 

restoration and water-management projects to help ensure that these projects, as 

appropriate, are designed using the best and most current knowledge and technology, take 

advantage of innovative and new approaches, include well-designed adaptive 

management plans, and advance the state-of-the-art for engineering projects that are 

ecologically sustainable in a multi-use arena. This may include, where authority and 

funding are available, jointly undertaking demonstration projects and identifying and 

pursuing policies and programs needed to implement any such projects. 

D. The MVD Districts and the SCF will work together to monitor and assess the success of 

any joint projects, and to disseminate lessons learned to interested parties to benefit 

restoration and water management projects throughout the region. 

E. The MVD Districts and the SCF will work together to promote the broader use of 

restoration and water level management tools and techniques that have proven successful. 

This may include identifying and pursuing policies and programs needed to implement 

them on a larger scale. 

F. The SCF may, as appropriate and subject to staff availability, be invited by MVD to work 

groups within the MVD Districts, where the expertise and interests of the SCF would 

benefit Corps public involvement programs, an example being the River Resources 

Advisory Team. 

G. The parties to this Regional MOU recognize that the MVD District projects must operate 

in accordance with authorized project purposes and funding limitations. All actions taken 

by the MVD Districts in accordance with this Regional MOU are subject to the 

availability of funds, and nothing in this Regional MOU shall be interpreted as mandating 

and/or constituting a violation of the Anti-Deficiency Act. 

H. This Regional MOU is neither a fiscal nor a funds obligation document. Any endeavor 

involving reimbursement or contribution of funds between the parties to the Regional 

MOU will be handled in accordance with applicable laws, regulations, and procedures. 

Such endeavors, if any, will be outlined in separate agreements that shall be made in 

writing by representatives of the parties and shall be independently authorized by 

appropriate statutory authority. This Regional MOU does not provide such authority. 

Specifically, this MOU does not establish authority for the noncompetitive award to the 

SCF of any contract or other agreement. 

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I. Nothing in this Regional MOU prohibits the parties from soliciting or receiving advice and 

assistance on the objectives set forth above from other governmental entities, and private 

groups or individuals. 

J. MVD and its Districts, while receptive to the provision of suggestions, concepts, and 

scientific and conservation planning information from the SCF and all other public 

entities, remain responsible for all decisions involving the planning and implementation 

of projects as authorized by law and for which funds are available. 

IV. IMPLEMENTATION. This Regional MOU becomes effective when signed by all 

signatory parties and remains in effect until modified or terminated by either party. For the 

purposes of this Regional MOU, the St. Paul District is designated as the lead District within the 

MVD Districts. 

V. COUNTERPARTS. This Regional MOU may be executed in any number of counterparts, 

each of which when executed shall be deemed to be an original and all of which when taken 

together shall constitute one and the same agreement. 

Robert Crear 

Brigadier General, USA 

Commanding 

President 

Sand County Foundation, Inc. 

e)3/{~¢£. 

Date 

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