REPLY TO 

ATTENTION OF: 

DEPARTMENT OF THE ARMY 

MISSISSIPPI VALLEY DIVISION, CORPS OF ENGINEERS 

P.O. BOX80 

VICKSBURG, MISSISSIPPI39181-0080 

http://www.mvd.usace.army.mil/ 

MEMORANDUM OF UNDERSTANDING 

BETWEEN 

NORTHWESTERN DIVISION AND MISSISSIPPI VALLEY DIVISION 

OF THE 

UNITED STATES ARMY CORPS OF ENGINEERS 

SUBJECT: RECOVERY AND CONSERVATION OF PALLID STURGEON 

1. INTRODUCTION. This Memorandum of Understanding (Interdivision MOU) is entered 

between the Northwestern Division (NWD) and the Mississippi Valley Division (MVD) of the 

U.S. Army Corps of Engineers through their respective Division Commanders for the purpose of 

facilitating range-wide interests, objectives, research, and management of an endangered species, 

the Pallid sturgeon, Scaphirhynchus a/bus. The geographic scope of this MOU shall be the range 

of the Pallid sturgeon within the boundaries of these two Divisions, comprising the Missouri and 

Mississippi River main stems and their floodplains, major tributaries and distributaries, and 

deltas. 

2. PURPOSE. The purpose of this MOU is to facilitate effective coordination, management, 

and research between NWD and MVD pertaining to Pallid sturgeon throughout the geographic 

scope defined above. Activities carried out pursuant to this MOU are expected to be of mutual 

interest, resulting in a collaborative effort to address pallid sturgeon issues with an interdivisional 

perspective. Research and management activities will be conducted within the context of the 

Corps' civil works and regulatory missions and will address the activities outlined below. 

a. Develop effective measures to improve recovery and management of the Pallid 

sturgeon within their range in the Missouri and Mississippi River basins in a total, integrated, 

watershed systems approach; 

b. Conserve and/or restore riverine habitats and the ecological functions of these habitats 

for the Pallid sturgeon while in concert with other project purposes; 

c. Enhance communication and advance understanding of Pallid sturgeon science in the 

Missouri and Mississippi River basins; 

d. Utilize existing or new navigation and flood control authorities and projects to study 

and develop synergistic opportunities for river/floodplain rehabilitation for the Pallid sturgeon on 

the Missouri and Mississippi Rivers; and, 
e. Effectively utilize the expertise and resources of NWD, MVD, their Districts, and 

their research partners through collaboration on authorized programs and projects related to the 

Pallid sturgeon and its habitat. 

3. RESPONSIBILITIES. The parties, to the extent authorized by law and policy, agree as 

follows: 

a. NWD and MVD shall, as appropriate, communicate pertinent scientific and 

conservation planning information to each other and their Districts about their projects and 

programs within the geographic scope of this MOU. 

b. NWD, MVD, and their Districts will consider environmentally sustainable concepts, 

techniques, and protocols for incorporation into the research, recovery, and management of the 

Pallid sturgeon within the geographic scope of this MOU. Furthermore, NWD, MVD, and their 

Districts will adhere to the Corps' Environmental Operating Principles with regard to Pallid 

sturgeon recovery and management. 

c. NWD and MVD shall share information and expertise in evaluating current and 

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

are designed using the best available knowledge and technology, take advantage of innovative 

and new approaches, include well-designed adaptive management plans, and advance state-ofthe-art engineering projects that are ecologically sustainable for Pallid sturgeon in a multiple-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. NWD, MVD, and their Districts will collaborate together to implement a holistic, 

range-wide research effort to monitor and assess the success of any joint projects and to 

disseminate lessons learned to interested parties to benefit sturgeon conservation and water 

management projects throughout the region. 

e. NWD, MVD, and their Districts will work together to promote the broader use of 

restoration and management tools and techniques that have proven to be beneficial for the Pallid 

sturgeon and its habitat. This may include identifying and pursuing policies and programs 

needed for implementation on a larger scale. 

f. As appropriate and subject to staff and funding availability, NWD and MVD may 

collaborate in work groups, where the synergistic expertise and interests of the Divisions would 

facilitate recovery and management of Pallid sturgeon and/or enhance technology transfer and 

public visibility. 

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g. The parties to this MOU recognize that NWD and MVD projects must operate in 

accordance with authorized project purposes and funding constraints. All actions taken by NWD 

and MVD in accordance with this MOU are subject to the availability of funds, and nothing in 

this MOU shall be interpreted as constituting a violation of the Anti-Deficiency Act. 

h. The parties to this MOU recognize that NWD and MVD projects must operate in 

accordance with any legal commitments made in the consultation process of Section 7 of the 

Endangered Species Act. NWD and MVD shall share these requirements and experiences and 

work with their respective U.S. Fish and Wildlife Service (FWS) Division representatives and 

FWS Pallid sturgeon recovery teams in order to collaborate on and develop a comprehensive 

recovery strategy, as needed. Activities may include identifying population priorities, data gaps, 

research needs, and project implementation options. 

i. This MOU is neither a fiscal nor a funds obligation document for NWD, MVD, or 

their respective Districts. Any endeavor involving reimbursement or contribution of funds 

between the parties to the 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 MOU does not provide such authority. Specifically, this 

MOU does not establish authority for the noncompetitive award to anyone of any contract or 

other agreement. 

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

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

organizations, and the public. 

k. NWD, MVD, and their Districts, while receptive to the provision of suggestions, 

concepts, and scientific and conservation planning information from each other and all other 

public and private entities, remain responsible for all decisions involving the planning and 

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

4. IMPLEMENTATION. This 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 MOU, 

Mr. David Vigh, MVD Environmental Team leader and Mr. Gary Bunn, NWD Environmental 

Team Leader, will serve as points of contact for their respective Division Offices. 

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5. COUNTERPARTS. This MOU may be executed in any number of copies, 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. 

....._--4~~n . iles, P.E. 

Colonel, EN 

Commanding 

4 

Brigadie eneral, USA 

Comma ding