!VIEMORANDUM OF UNDERSTANDING 

BETWEEN 

THE UNITED STATES DEPARTMENT OF THE ARMY, 

THE U.S. AR.l\1Y CORPS OF ENGINEERS 

AND 

DUCKS UNLIMITED, INC. 

I. PURPOSE. The purpose of this MOU is to provide a foundation for collaboration 

related to protection, restoration, and/or management of selected wetlands and 

associated uplands of mutual interest to Ducks Unlimited (DU) and the U.S. Army 

Corps of Engineers (Corps). Activities carried out pursuant to this MOU will 

contribute to fulfilling natural resources stewardship objectives, protecting and 

restoring ecosystems of value to waterfowl and other wildlife populations, and to 

fuifilling the objectives of the North American Waterfowl Management Plan and the 

North American Bird Conservation Initiative, within the context of the Corps civil 

works mission and to meet the objectives outlined below. 

A Encourage water management measures that benefit native animals and plants and 

natural communities while meeting human needs; 

B. Foster demonstration projects to test promising water management strategies 

while monitoring their efficacy in meeting multiple objectives; 

C. Foster wetland protection and restoration projects that improve wildlife and 

fisheries habitat while meeting human needs; 

D. Promote non-structural flood protection and other measures to maintain natural 

ecosystem functions at sustainable levels; and 

E. Promote the gathering and sharing of scientific data and research by either entity 

as it may be related to projects of mutual interest and concern. 

IT. RESPONSIBILITIES. 

A. The Corps and DU will seek opportunities to cooperate in efforts to promote the 

conservation of regionally significant biological diversity in accordance with 

applicable law through projects or programs related to the conservation, 

understanding, management, and sustainable use of the Nation's land and water 

resources. 

B. The Corps, subject to the availability of resources, shall: 

1. Communicate the establishment of this MOU to all U.S. Army Corps of 

Engineers Division and District Offices as well as relevant laboratories; 
2. Identify a point of contact for coordination ofDU activities at each Corps 

Division office; 

3. Make available to DU, to the extent legal and practicable, and as appropriate 

and required to accomplish the goals of this MOU, existing information on 

wetland and waterfowl management on Corps civil works lands; 

4. Look for opportunities, as appropriate, for partnership initiatives with DU. 

5. Provide access for DU to Corps civil works lands, as appropriate, to further 

the pUipose of this MOU. The Corps' Operations Project Manager may 

approve access for DU to the affected area subject to management plans, 

safety and security considerations, and compatibility with Corps operations. 

IfDU requests use of Corps civil works lands, a real estate instrument may be 

granted after the Corps makes a determination that such land is available for 

the requested use; 

6. Provide appropriate on-site recognition of DU involvement in specific 

wetlands protection, restoration and/or management activities; and 

7. As appropriate, enter into partnership agreements for endeavors to accomplish 

specific work or research projects. 

C. DU, subject to the availability of resources, shall: 

I. Communicate the establishment of the MOU and method of implementation 

to all DU offices; 

2. Identify a point of contact at each DU regional office to serve as coordinator 

for cooperative actions with Corps offices; 

3. Regularly review potential Corps projects for waterfowl habitat restoration 

and to determine the extent and nature of DU involvement, if any; and 

4. As appropriate, enter into partnership agreements for endeavors to 

accomplish specific work or research projects. 

III. GENERAL PRL"'!CIPLES. It is mutually agreed and understood by the parties that: 

A. This MOU is neither a fiscal nor a funds obligation document. 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 repre~entatives 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 DU of any contract or other agreement. 

B. This MOU is intended only to improve cooperation between the Corps and DU, 

and is not intended to create any right or benefit, substantive or procedural, 

enforceable at law by any party against the United States, its agencies, its officers, 

or any person. 

C. Nothing in this MOU shall be construed as affording DU any preferential 

treatment, exclusive rights, or privileges. 

D. The Corps and DU intend to conduct the activities contemplated in this agreement 

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

determined to be inconsistent with existing laws or regulations or directives 

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

finding of inconsistency shall remain in full force and effect. 

E. This MOU in no way restricts the parties from participating with other public or 

private agencies, organizations, and individuals. All parties recognize the 

importance of continuing cooperation and participation with non-goverrunental 

organizations and institutions in programs of mutual interest. 

F. The parties of this MOU or their designated representatives shall meet annually to 

review the implementation of this MOU. 

G. This MOU may be modified as necessary, by mutual agreement of both parties by 

the written amendment signed and dated by an authorized representative of each 

party. 

H. Either party may terminate this MOU by providing 45 days v,ritten notice to the 

other. Otherwise, this MOU will remain in force indefinitely. 

IV. EFFECTIVE DATE. The parties have executed this MOU as of the last date written 

below. 

THE DEPARTMENT OF THE ARMY 

nic lzzo 

----¥!'1mcipal Deputy Assistant Secretary of the Army 

(Civil Works) 

o~,9122/'1 Zoo2. 

DUCKS UNLIMITED, INC. 

Date: