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of Engineers® 

Mississippi Valley Division 

REGIONAL MEMORANDUM OF UNDERSTANDING 

BETWEEN 

NATIONAL AUDUBON SOCIETY 

MISSISSIPPI RIVER PROGRAM OFFICE 

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 

1 . INTRODUCTION . The U. S . Army Corps of Engineers and the 

National Audubon Society, Inc ., executed a national Memorandum 

of Understanding (National MOU) on 20 March 2006 to provide a 

foundation for collaboration related to protection , 

restoration , and management of natural resources of mutual 

interest and within the authorities and policies governing 

Corps civil works missions and in accordance with applicable 

laws and regulation . 

This Regional Memorandum of Understanding (Regional MOU) is 

entered between the Mississippi Valley Division of the U. S . 

Army Corps of Engineers (MVD) through the St . Paul , Rock 

Island, St . Louis, Memphis , Vicksburg , and New Orleans 

Districts (hereinafter, MVD Districts) , represented by the 

Division Commander, and the National Audubon Society, acting 

through its Mississippi River Program Office (hereinafter 

Audubon) for the purposes of facilitati ng regional interests 

and objectives within each party ' s area of responsibility and 

interest . This Regional MOU incorporates and is subject to 

all of the conditions and terms of the National MOU . In case 

of 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 geographic boundaries 

of MVD . 

2 . PURPOSE . This MOU is neither a fiscal nor a funds 

obligation document . The purpose of this Regional MOU is to 

facilitate effective and efficient management of important 

natural resources within the context of each MVD District ' s 

civil works mission and the mission of Audubon . Activities 

carried out pursuant to this Regional MOU are expected to 

contribute to fulfilling natural resources stewardship 

objectives and protecting and restoring habitats and 
ecosystems of value to birds, fish , and other wildlife within 

the context of the Corps ' civil works missions and in 

accordance with applicable laws, regulations, Army policies, 

and the following objectives, of which 2 . a . through 2 . f . are 

re - introduced from the National MOU : 

a . Promote non-structural flood protection and other 

measures to restore and/or maintain natural ecosystem 

functions at sustainable levels; 

b . Encourage water management measures that benefit 

migratory and resident native birds, other wildlife , plants, 

and natural communities while meeting human needs and 

fulfilling Congressional authorizations; 

c . Foster wetland protection and restoration projects 

that improve bird, fish , and other wildlife habitat while 

meeting human needs; 

d . Foster demonstration projects to test promising 

innovative water management strategies while monitoring and 

documenting their efficacy in meeting multiple objectives; 

e . Promote the gathering and sharing of scientific data 

and research by either entity as related to projects of mutual 

interest and concern; 

f . Cooperate in public information and education efforts 

about our region ' s natural resources and their benefits for 

humanity and the Earth ' s biological diversity . 

g . Identify opportunities for cooperative conservation 

activities and interpretive outreach (e . g . projects, programs, 

conferences, etc . ) throughout MVD . 

h . Conserve , stabilize , restore , and manage for natural 

functions and attributes of ecosystems, including wetlands, 

floodplains, streams, river channels, river banks, lakes, and 

ponds in a sustainable manner that meets human needs and 

protects associated native biological diversity . 

i . Consult when appropriate on the application of new 

and innovative techniques and strategies for managing water 

resources and for restoring channels, streambanks, ponds, 

coastal wetlands, and floodplains . 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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j . Consider Audubon conservation targets and locations 

of Conservation Action Sites and Important Bird Areas during 

Corps planning , environmental stewardship , and permitting 

analyses . 

k . Facilitate cooperative conservation activities in 

accordance with Title II, Section 2003 , of Public Law 110-114 , 

Water Resources Development Act of 2007 (WRDA 07) , entitled 

Written Agreement for Water Resources Projects, as related to 

the expanded definition of non-Federal interest to include 

non-government organizations. 

3. RESPONSIBILITIES . The parties, to the extent authorized 

by law and consistent with Corps and Audubon policies and 

with in existing legal authorities, agree as follows : 

a . 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 rep resentatives 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 

Audubon of any contract or another agreement . 

b . MVD Districts will consider environmental 

sustainability concepts recommended by Audubon for 

incorporation into the planning , evaluation , design , 

construction , and operation of MVD District projects within 

the geographic scope of this Regional MOU . MVD and its 

Districts retain responsibility for all decisions involving 

the planning, implementation , and operation of projects as 

authorized by law and for which funds are available . 

c . Audubon 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 . Such data and information may address 

Important Bird Areas, Conservation Action Sites, Audubon 

Watchlist species, and other species of conservation concern 

and include State of the Birds reports and other reports 

Audubon deems pertinent to the provisions of this agreement . 

d . MVD Districts and Audubon shall, as appropriate , 

share information and expertise in exploring potential 

restoration and water- management projects to help ensure that 

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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 multi- use engineering 

projects that are ecologically sustainable . 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 . 

e . Audubon and 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 . 

f . MVD Districts and Audubon 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 larger 

scale . 

g . Audubon will, as appropriate and subject to staff 

ava i lability, participate in advisory groups to MVD Districts, 

including such groups as the Navigation Environmental 

Coordinating Committee , River Resources Forum, River Resources 

Coordinating Team, River Resources Advisory Team, Lower 

Mississippi River Resource Assessment , and their respective 

committees and workgroups . 

h . The parties of this Regional MOU recognize that MVD 

District projects must operate in accordance with authorized 

project purposes and funding limitations. All actions taken 

by 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 . 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 . 

j . The following are points of contact (POCs) within 

each of the MVD Districts and Audubon Regional Offices for the 

purposes of this MOU . 

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MVD 

St . Paul District Environmental & Economics Chief 651-290-5264 

Rock Island District Environmental Chief 309- 794 - 5349 

St . Louis District Environmental Chief 314 - 331 - 8462 

Memphis District Environmental Chief 901- 544- 0707 

Vicksburg District Environmental & Economics Analysis Chief 

(Action District) 601-631-7156 

New Orleans District Environmental Chief 504-862-2778 

Audubon 

Mississippi River Program Office , Vicksburg, MS 601 - 661 - 6189 

Mississippi River Policy Director, Washington , D. C. 

202-683-4016 

k . Role of Action District . As the designated Action 

District within MVD , the Vicksburg District will : 

(1) Develop , implement , and manage Sections 4 . b ., 

4 . b . (1) and 4 . b . (2) of this agreement . 

(2) Serve as POC to facilitate data exchange between 

parties. 

4 . 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 Audubon . This Regional MOU may be 

modified or amended at any time by mutual agreement of MVD and 

Audubon in writing and may be terminated by either party upon 

sixty days prior written notice . Modifications to the 

National MOU will also be considered to have modified this 

Regional MOU . 

b . The parties of this Regional MOU or their designated 

representatives shall meet face-to- face annually to review the 

implementation of this MOU . To the extent practicable , this 

meeting may be held in conjunction with the annual MVD 

Environmental Team Leaders ' Meeting or a similar regional 

venue . 

(1) Audubon , MVD , and the Action District will 

conduct quarterly conference calls to maintain communication 

and provide a forum to discuss accomplishments and concerns . 

(2) Audubon and MVD will cooperatively develop a 

program to define partnership success and progress to include 

development of benchmarks to measure success . 

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c . Audubon and MVD will 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, regulations, 

or directives governing the signatories, then the provisions 

of the Regional MOO not affected by a finding of inconsistency 

shall remain in full force and effect . 

5 . COUNTERPARTS. 

USA 

all of which when taken together 

same document . 

April 1 , 2009 

Date 

April 1, 2009 

Date 

Mississippi River Program 

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