REGIONAL MEMORANDUM OF UNDERSTANDING 

BETWEEN THE 

LOWER MISSISSIPPI RIVER CONSERVATION COMMITTEE 

AND THE 

UNITED STATES ARMY CORPS OF ENGINEERS 

MISSISSIPPI VALLEY DIVISION 

I. INTRODUCTION. This Regional Memorandum of Understanding (Regional MOU) seeks 

to provide a foundation for collaboration related to conservation, restoration and/or protection of 

the Lower Mississippi River and associated aquatic habitats within the authorities, policies and 

laws of the Lower Mississippi River Conservation Committee (LMRCC) and the Mississippi 

Valley Division of the U.S. Army Corps of Engineers (MVD) through the St. Louis, Memphis, 

Vicksburg, and New Orleans Districts, represented by their Division Commander (hereinafter, 

Lower MVD Districts), for the purpose of facilitating regional interests and objectives within 

each party's area of responsibility and interest. This Regional MOU recognizes that Mississippi 

River conservation includes habitat management based upon scientific integrity as well as 

meeting human needs for navigation, flood risk management, protection of cultural resources, 

ecosystem restoration and recreation. This Regional MOU incorporates and is subject to all of 

the conditions and terms of any subsequent National MOU to be developed. In case of a conflict 

between this Regional MOU and the National MOU, the National MOU provisions shall prevail. 

The geographic scope of this Regional MOU shall be the Lower Mississippi River and its 

floodplains, from its confluence with the Ohio River to its delta including tributaries and 

distributaries that are located within MVD. 

II. PURPOSE. The parties seek to facilitate effective and efficient conservation of important 

natural resources within the context of the four listed MVD District's civil works mission and the 

mission of LMRCC in a manner consistent with the laws and regulations governing MVD and 

LMRCC policies. The following objectives are agreed upon within the geographic scope of this 

Regional MOU: 

A. Seek prudent and effective conservation, protection, restoration and enhancement of the 

Lower Mississippi River and other water resources in a manner that meets human needs 

and protects key functions and attributes of said ecosystems and their native biological 

diversity. 

B. Conserve, stabilize and restore key functions and attributes of stream/river channels, river 

banks, floodplains and lakes and ponds, in a manner that meets human needs and protects 

associated ecosystems and their native biological diversity. 

C. Explore new and innovative techniques and strategies for conserving and protecting 

water resources and for enhancing and restoring channels, streambanks, ponds and 

floodplains as appropriate, encourage and support projects that assess, demonstrate, and 

measure these techniques and strategies and their potential to contribute to meeting the 

goals for achieving a sustainable ecosystem. 

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D. Identify opportunities for cooperative conservation activities (e.g. projects, programs, 

conferences, etc) throughout the lower MVD. 

E. Facilitate cooperative conservation activities in accordance with Title II, Section 2003 

and Section 2015, of Public Law 110-114, Water Resources Development Act of2007 

(WRDA07) entitled Written Agreement for Water Resources Projects and Cooperative 

Agreements as related to the expanded definition and terms of a non-federal interest to 

include non-government organizations. 

F. Seek as appropriate and applicable, innovative application of Title II, Section 2036, of 

Public law 110-114 (WRDA07) entitled Mitigation for Fish and Wildlife and Wetlands 

Losses with attention to monitoring, in-lieu fee and compensatory mitigation 

requirements. 

III. RESPONSIBILITIES. The parties, to the extent authorized by law and Corps policies and 

within existing legal authorities, agree as follows: 

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

LMRCC for incorporation into the conceptualization, evaluation, planning, construction, 

and operation of MVD District projects within the geographic scope of this Regional 

MOU. 

B. LMRCC may, as appropriate and subject to its internal policy regarding confidential 

information, contribute upon request, pertinent scientific and conservation planning 

information to Lower MVD Districts for their projects within the geographic scope of 

this Regional MOU. 

C. Lower MVD Districts and LMRCC shall, as appropriate, share information and expertise 

in exploring potential restoration and water-management projects to help ensure that 

these projects 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. Lower MVD Districts and LMRCC will seek opportunities to ensure appropriate 

mitigation of project impacts to include concepts such as mitigation banking, in-lieu fee 

and other compensatory mitigation concepts consistent with law and project 

requirements. 

E. LMRCC and Lower MVD Districts 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. 

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F. Lower MVD Districts and LMRCC will work together to encourage and facilitate the 

broader use of restoration and water level management tools and techniques that have 

proven successful. This may include identifying and recommending policies and 

programs needed to implement them on a broader scale. 

G. LMRCC will, as appropriate and subject to staff availability, participate in advisory 

groups to Lower MVD Districts and their respective committees and workgroups. 

H. The parties to this Regional MOU recognize that Lower MVD District projects must 

operate in accordance with authorized project purposes and funding limitations. All 

actions taken by Lower 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 constituting a violation of the Anti-Deficiency Act. 

I. 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 LMRCC of any contract or other 

agreement. 

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

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

private groups or individuals. 

K. Lower MVD Districts, while receptive to the provision of suggestions, concepts, and 

scientific and conservation planning information from LMRCC and all other public 

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

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

L. The following are Points of Contact (POC' s) within each of the Lower MVD Districts and 

LMRCC for specific project planning and development purposes. 

MVD 

St. Louis District- Environmental Chief- 314-331-8462 

Memphis District- Planning Chief- 901-544-0707 (Action District) 

Vicksburg District- Environmental Chief- 601-631-7156 

New Orleans District- Environmental Chief- 504-862-2778 

MVDHQ- Regional Environmental Coordinator- 601-634-5854 

LMRCC 

LMRCC Coordinator- 601-629-6602 

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IV. IMPLEMENTATION. 

A. This Regional MOU becomes effective when signed by all signatory parties and remains 

in effect until modified or terminated by either MVD or LMRCC. This Regional MOU 

may be modified or amended at any time by mutual agreement of MVD and LMRCC in 

writing, and may be terminated by either party upon sixty (60) days prior written notice. 

Development of any National MOU will also be considered to have modified this 

Regional MOU. 

B. The parties of this regional MOU or their designated representatives shall communicate 

annually to review the implementation of this MOU. 

C. LMRCC and MVD intend to conduct the activities contemplated in this agreement in 

accordance with existing authorities. If any provisions of this Regional MOU are 

determined to be inconsistent with existing laws or regulations or directives governing 

the signatories, then the provisions of this Regional MOU not affected by a finding of 

inconsistency shall remain in full force and effect. 

D. Lead organizational POCs for this agreement are the LMRCC Coordinator at 601-629-

6602 and the MVD Environmental Team Leader at 601-634-5854. 

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 

togefuer shall co · e one and fue sz;~t. 

Michael Wals 

Major General, USA 

Commanding- MVD 

«.:tS:nburg 

Chair 

LMRCC 

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