~ DUCKS 

UNLIMITED 

US Army Corps 

of Engineers® 

Mississippi Valley Division 

REGIONAL MEMORANDUM OF UNDERSTANDING 

BETWEEN 

DUCKS UNLIMITED, INC. 

THROUGH ITS GREAT LAKES ATLANTIC, SOUTHERN, AND GREAT 

PLAINS REGIONAL OFFICES 

AND THE 

UNITED STATES ARMY CORPS OF ENGINEERS, 

MISSISSIPPI VALLEY DIVISION 

November 24,2008 

I. INTRODUCTION. Ducks Unlimited, Inc. (DU) and U.S. Anny Corps of Engineers 

(Corps) executed a national Memorandum of Understanding (National MOU) on July 22, 

2002, in order to provide a foundation for collaboration related to protection, restoration, 

and/or management of wetlands and associated habitats within the authorities, policies, 

and laws ofDU and the Corps. 

This Regional Memorandum ofUnderstanding (Regional MOU) is entered between the 

Mississippi Valley Division of the U.S. Anny Corps ofEngineers (MVD) through the St. 

Paul, Rock Island, St. Louis, Memphis, Vicksburg, and New Orleans Districts, 

represented by their Division Commander (hereinafter, MVD Districts), and Ducks 

Unlimited, acting through its Great Lakes Atlantic, Southern, and Great Plains Regions 

for the purpose of facilitating 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 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 Mississippi River and its 

floodplains, from its headwaters to its delta, including tributaries and distributaries that 

are located within MVD. 

II. PURPOSE. The parties seek 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 DU in a manner consistent with the laws and regulations 

governing the Corps and DU policies. The following objectives are agreed upon within 

the geographic scope of this Regional MOU: 
a. Restore and conserve key functions and attributes of floodplain habitats in a 

manner that meets human needs and protects the natural biological communities and 

diversity of the ecosystem. 

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

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

associated ecosystems and their native biological diversity. 

c. Seek prudent and effective protection, restoration, enhancement, and 

management of wetlands 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. 

d. Explore new and innovative techniques and strategies for conserving and 

managing water resources and for enhancing and restoring channels, stream banks, 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. 

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

programs, conferences, etc.) throughout the MVD consistent with that outlined in the 

National MOU signed July 22, 2002. 

f. Facilitate cooperative conservation activities in accordance with Title II, 

Section 2003 and Section 2015, of Public Law 110-114, Water Resources Development 

Act of2007 (WRDA 07) entitled Written Agreement for Water Resources Projects and 

Cooperative Agreements as related to the expanded defmition and terms of a non-federal 

interest to include non-government organizations. 

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

2036, of Public law 110-114 (WRDA 07) 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. The MVD Districts will consider environmental sustainability concepts 

suggested by DU for incorporation into the conceptualization, evaluation, planning, 

construction, and operation ofMVD District projects within the geographic scope of this 

Regional MOU. 

b. DU may, as appropriate and subject to its internal policy regarding confidential 

infonnation, contribute upon request pertinent scientific and conservation planning 

infonnation to MVD Districts for their projects within the geographic scope of this 

Regional MOU. 

2 
c. The MVD Districts and DU 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. MVD Districts and DU 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. DU and the 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. The MVD Districts and DU 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. DU will, as appropriate and subject to staff availability, participate in advisory 

groups to the 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 to this Regional MOU recognize that the MVD District projects 

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

actions taken by the 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 DU 

of any contract or other agreement. 

3 
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. The MVD Districts, while receptive to the provision of suggestions, concepts, 

and scientific and conservation planning information from DU 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. 

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

and DU Regional Offices for specific project planning and development purposes. 

Corps 

St. Paul District- Environmental 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 (Action District) 

Vicksburg District - Environmental Chief- 601-631-7156 

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

Ducks Unlimited 

Southern Region - Director of Conservation Programs - 318-340-1020 

Great Lakes Atlantic Region - Manager of Conservation Programs -

734-623-2000 

Great Plains Region - Director of Conservation Programs - 952-469-0956 

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 DU. This Regional 

MOU may be modified or amended at any time by mutual agreement ofMVD and DU in 

writing and may be terminated by either party upon sixty (60) 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 

communicate annually to review the implementation of this MOU. 

c. DU 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 

4 
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 DU Director of Public Policy at 

601-956-1936 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 together shall constitute one and the same agreement. 

Michael 

Briga · r General, USA 

Co anding - MVD 

w. ~. W1 W. Alan Wentz -

Senior Group Manager 

Ducks nlimited, Inc. 

LP N~tl 0~ Date 

//-/o-~e 

Curtis R. Hopkins Date 

Director, Southern Regional Office 

Ducks Unlimited, Inc. 

Date 

Director, Ore es Atlantic Regional Office 

Ducks Unlimited, Inc. 

Stephen E. Adair 

Director, Great Plains Regional Office 

Ducks Unlimited, Inc. 

5