MEMORANDUM OF UNDERSTANDING

BETWEEN

THE UNITED STATES DEPARTMENT OF THE ARMY,

THE ARMY CORPS OF ENGINEERS

AND

THE NATURE CONSERVANCY

I. INTRODUCTION. Through the Department of the Army Civil Works and 

Regulatory Programs, the U.S. Army Corps of Engineers (Corps) plays a leadership 

role in the development, management, protection, and restoration of the Nation’s 

water resources. The Nature Conservancy (TNC) is a charitable, non-profit 

organization whose mission is to preserve plants, animals, and natural communities 

that represent the diversity of life on Earth by protecting the lands and waters they 

need to survive. 

A. The Corps and TNC share a commitment to managing water resources in a manner 

that meets human needs, while also protecting priority species, natural biological 

communities, and their habitats. 

B. The Corps and TNC both are involved in developing and disseminating 

information about water resources, including their biological conditions, that 

supports water management activities.

C. The Corps and TNC both seek opportunities to develop partnerships and engage 

diverse stakeholder groups and local communities to identify, understand, and 

resolve water resource management challenges.

D. The Corps and TNC have worked together successfully on a limited and largely ad 

hoc basis.

E. The Corps and TNC share a commitment to participation at the local level through 

community-based project and field offices that serve as a local presence to advance 

their goals in the field. 

II. PURPOSE. The purpose of this Memorandum of Understanding (MOU) is to 

facilitate effective and efficient management of important biological resources within 

the context of the Corps’ civil works and regulatory missions; and meet the objectives 

outlined below. 

A. Protect or restore freshwater and coastal habitats for native animals and plants and 

natural communities;

B. Advance our understanding of the distribution and condition of biological diversity 

associated with our Nation’s marine, coastal and riparian waters; 
C. Promote non-structural flood protection and other measures to maintain natural 

ecosystem functions at sustainable levels; 

D. Encourage water management measures that benefit native animals and plants and 

natural communities while meeting human needs; 

E. Foster demonstration projects to test promising water management strategies while 

monitoring their efficacy in meeting multiple objectives;

F. Cooperate in the monitoring and management of rare and endangered species and 

their habitat potentially affected by projects and programs pursuant to this MOU.

G. 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.

III. BENEFITS. The Army and TNC agree that the ability to achieve common and 

related natural resource goals can be enhanced significantly under the more 

coordinated approach outlined in this MOU.

A. The U.S. Army Corps of Engineers will benefit from access to TNC’s extensive 

and active network of conservation partnerships, biological expertise, presence and 

successful history of work in hundreds of local communities, and from TNC’s 

unique position as a leading conservation organization known for its use of sound 

science and collaborative approaches in resolving natural resource management 

issues.

B. TNC can benefit from the Army’s large, geographically dispersed, multidisciplinary staff, and extensive experience with water resources projects, including 

projects for environmental restoration and protection and developing or modifying 

decision-support models for evaluating such management options.

IV. RESPONSIBILITIES. Pursuant to the authorities listed above, the parties agree as 

follows:

A. TNC will communicate the establishment of this Memorandum of Understanding 

to all TNC state and local chapter offices. The U.S. Army Corps of Engineers will 

communicate the establishment of this Memorandum of Understanding to all U.S. 

Army Corps of Engineers Division and District Offices as well as relevant 

laboratories and commissions.

B. The U.S. Army Corps of Engineers and TNC will cooperate in an effort to seek 

opportunities to promote the conservation of regionally significant biological 

diversity in accordance with applicable law for the purposes of carrying out 
projects or programs related to the conservation, understanding, management, and 

sustainable use of the Nation’s land and water resources.

1. Through specific appropriations or specific cooperative agreements, joint 

projects, grants, or contract instruments, or agreements with other Federal 

agencies, as may be deemed appropriate. All such agreements shall 

reference this MOU.

2. Through cooperative development of appropriate scientific data related to 

specific projects in areas of mutual interest, the sharing of these data and 

the application of shared science to specific mutual research and planning 

needs.

C. Within one year, the U.S. Army Corps of Engineers and TNC shall establish a 

process for planning, implementing, and evaluating proposed projects and 

programs contemplated under this MOU. 

D. For the purposes of this MOU, the Executive Agents are the Assistant Secretary of 

the Army (Civil Works) and the TNC Executive Vice-President.

E. 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 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 TNC of any contract or other agreement.

V. MODIFICATION, TERMINATION, AND OTHER CONDITIONS. 

A. This MOU may be modified or amended at any time by mutual agreement of both 

parties in writing, and may be terminated by either party upon sixty (60) days prior 

written notice.

B. 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-governmental 

organizations and institutions in programs of mutual interest.

C. The Army and TNC 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.
VI. IMPLEMENTATION. This MOU becomes effective when signed by both signatory 

parties and remains in effect until modified or terminated. 

 /s/ 12/14/2000

______________________ ________

Dr. Joseph W. Westphal Date

Assistant Secretary 

of the Army, Civil Works

 /s/ 12/07/2000

______________________ ________

W. William Weeks Date

Executive Vice-President

The Nature Conservancy