MEMORANDUM OF UNDERSTANDING 

Between the 

United States Department of the Army 

And 

Wildlife Habitat Council 

I. PURPOSE 

This Memorandum of Understanding (MOU) is entered into by the U.S. 

Department of the Army, acting through the U.S. Army Corps of Engineers 

(Corps) and the Wildlife Habitat Council (WHC) for establishing a mutual 

framework of cooperation between the Parties where and when feasible to: 

a. Enhance and restore native plant habitat, emphasizing high-priority 

habitats, including habitats of threatened and endangered species. 

b. Advance awareness and appreciation of wildlife issues and needs 

within the public communities that Corps projects serve. 

c. Promote efforts to connect people with nature. 

d. Promote effective working relationships among agencies, nongovernmental organizations, and corporations working to protect and 

restore wildlife and their habitats. 

e. Support the organizational goals of both parties. 

II. THE PARTIES 

1. The U.S, Department of the Army, acting through the Army Corps of 

Engineers, is the steward of nearly 12 mill.ion acres of public lands and waters. 

The mission of the stewardship program is to manage and conserve natural 

resources consistent with ecosystem management principles and project 

purposes, while providing quality public outdoor recreation experiences to 

serve the needs of present and future generations. The management of 

natural resources by utilizing a stewardship concept ensures the conservation, 

preservation, or protection of Corps land and water resources. Many of these 

lands are within the major migratory flyways in the United States, support 

habitat utilized by threatened and endangered species, or are surrounded by 

urban development. 
2. The Wildlife Habitat Council is a non-lobbying conservation and education 

nonprofit organization of corporations and conservation groups. The WHC is 

dedicated to finding innovative efficient ways to procure lasting conservation 

results through community awareness and action. They promote partnerships 

between business, non-governmental organizations, and public agencies to 

enhance and manage their lands for wildlife, fish, and plant resources. 

Ill. RESPONSIBILITIES: 

A. THE WILDLIFE HABITAT COUNCIL SHALL: 

1. Encourage corporate, industry, and/or industry associations, other entities and 

special interest groups to engage in wildlife and native habitat enhancement 

with an emphasis on Corps lands and those adjacent to Corps project lands. 

2. Evaluate opportunities for including Corps projects in current and potential 

WHC sponsored projects, and identify those opport~nities to Corps contacts. 

3. Assist the Corps in developing public outreach and environmental education 

opportunities. 

4. Provide assistance to the Corps concerning opportunities to enhance aquatic 

habitat for recreational fisheries in project waters. 

B. THE ARMY CORPS OF ENGINEERS SHALL: 

1. Make available, where appropriate, project land( s) and/or water( s) for the 

furtherance of this program, subject to applicable laws, agency mission(s), 

regulations, policies, and land use and activity plans for the affected areas, 

subject to the approval the Corps District Engineer responsible for 

administering the designated lands and/or waters. 

2. Designate representatives from the Corps to serve as contacts and 

coordinators to discuss cooperative actions with Corps offices. 

3. Seek to keep the WHC apprised of programs and opportunities offered 

through the Corps for promoting the purposes of this MOU. 

4. When and where applicable, assist in the coordination of planning for the 

WHC program with appropriate State and Federal agencies. 

5. Enter into partnership agreements with WHC, as appropriate and where 

authorized to accomplish specific projects. 
IV. MUTUAL UNDERSTANDINGS: . 

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

involving reimbursement or contribution of funds or transfer of anything of 

value, between WHC and the Corps will be handled in accordance with 

applicable laws, regulations, and procedures. Any such endeavor shall be 

made in writing in a separate document and shall be independently 

authorized by appropriate statutory authority. Furthermore, this MOU does 

not provide such authority. Specifically, this MOU does not establish. authority 

for noncompetitive award to WHC of any contract or other agreement. Any 

contract for services must fully comply with all applicable laws, regulations 

and requirements for competition. 

2. The parties to this MOU or their designated representatives shall review the 

MOU annually. 

3. Within six months of the MOU effective date, the Parties will jointly develop a 

mutually acceptable implementation plan that guides the implementation of 

this MOU. 

4. This MOU may be modified or amended by mutual agreement of each Party 

in writing. 

5. This MOU may be terminated at any time by mutual written agreement of the 

Parties, or by each party upon 30 calendar days written notice to the other 

Party. Otherwise, this MOU will remain in effect indefinitely. 

6. Unless otherwise stated, all improvements placed on Corps lands and/or 

waters as a result of this agreement shall become the property of the United 

States and shall be subject to the same regulations and administration of 

those lands and/or waters as all other Corps improvements of a similar 

nature. 

7. This MOU in no way restricts the Parties from participating with other Federal 

State and/or private interest or from accepting contributions for the 

improvement, development, administration, operation, and maintenance of 

· WHC areas on Corps project lands and/or waters. 

8. Nothing in this MOU shall be construed as affording WHC preferential 

treatment, exclusive rights, or privileges. Further, nothing in this MOU shall 

be construed as an official endorsement of WHC, its policies, or practices by 

the U.S. Department of the Army or by the Corps. 
V. EFFECTIVE DATE 

The Parties have executed this MOU as of the last date indicated below. 

U.S. DEPARTMENT OF THE ARMY