A.03.06.01_J_and_A_KDWPT.pdf

CONTROL NO. NWK-13-0009

NAME TELEPHONE NO

Hilary Meckel 816-389-3500

TITLE DATE

Contract Specialist

NAME TELEPHONE NO

Travida Byas 816-389-3814

TITLE DATE

Contracting Officer

NAME TELEPHONE NO

John Skelton 816-389-3968

TITLE DATE

Natural Resource Manager

NAME TELEPHONE NO

Richard Lenning 816-389-3310

TITLE DATE

Project Manager

I have reviewed this J&A and find the justification adequate to support other than full and open competition

SIGNATURE DATE

NAME (Type or Print) TELEPHONE NO Arthur Saulsberry 816-389-3927

SIGNATURE DATE

NAME (Type or Print) TELEPHONE NO Richard Lenning 816-389-3310

SIGNATURE DATE

NAME (Type or Print) TELEPHONE NO Jana Strait 816-389-3699

SIGNATURE DATE

NAME (Type or Print) TELEPHONE NO LTC Joseph M. Davis 816-389-3918

SIGNATURE DATE

NAME (Type or Print) TELEPHONE NO MAJ Rachel Honderd 816-389-3206

MECKEL.HILAR

Y.O.140047358

Digitally signed by

MECKEL.HILARY.O.1400473583

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MECKEL.HILARY.O.1400473583 Date: 2013.01.14 11:35:30 -06'00'

LENNING.RICHARD.

EUGENE.12312167

Digitally signed by

LENNING.RICHARD.EUGENE.1231216754

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LENNING.RICHARD.EUGENE.1231216754 Date: 2013.01.14 11:58:15 -06'00'

LENNING.RICH

ARD.EUGENE.1

231216754

Digitally signed by

LENNING.RICHARD.EUGENE.1231216754

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LENNING.RICHARD.EUGENE.12312167 Date: 2013.01.14 12:04:35 -06'00'

SKELTON.JOH

N.ARMSTRON

G.1231318816

Digitally signed by

SKELTON.JOHN.ARMSTRONG.12313

18816 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SKELTON.JOHN.ARMSTRONG.12 31318816 Date: 2013.01.14 12:55:19 -06'00'

SAULSBERRY.ARTHU

R.ERIC.1230627890

Digitally signed by

SAULSBERRY.ARTHUR.ERIC.1230627890

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SAULSBERRY.ARTHUR.ERIC.1230627890 Date: 2013.01.14 17:03:48 -06'00'

STRAIT.JANA.LYNN.1150399234 Digitally signed by STRAIT.JANA.LYNN.1150399234 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=STRAIT.JANA.LYNN.1150399234 Date: 2013.01.25 14:02:43 -06'00'

BYAS.TRAVIDA.DIONNE.1247765537

Digitally signed by BYAS.TRAVIDA.DIONNE.1247765537 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BYAS.TRAVIDA.DIONNE.1247765537 Date: 2013.01.25 16:25:06 -06'00'

DAVIS.JOSEPH.MANLEY.1069956323

Digitally signed by DAVIS.JOSEPH.MANLEY.1069956323 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DAVIS.JOSEPH.MANLEY.1069956323 Date: 2013.01.29 10:08:14 -06'00'

HONDERD.RACHEL.ANNE.11620

28002

Digitally signed by HONDERD.RACHEL.ANNE.1162028002 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HONDERD.RACHEL.ANNE.1162028002 Date: 2013.02.01 11:31:07 -06'00'

Control #NWK-13-009

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY

2. DESCRIPTION OF ACTION

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF

CONSTRUCTION

4. AUTHORITY CITED

5. REASON FOR AUTHORITY CITED

6. EFFORTS TO OBTAIN COMPETITION

7. ACTIONS TO INCREASE COMPETITION

8. MARKET RESEARCH

9. INTERESTED SOURCES

10. OTHER FACTS

11. TECHNICAL CERTIFICATION

12. REQUIREMENTS CERTIFICATION

13. FAIR AND REASONABLE COST DETERMINATION

BYAS.TRAVIDA.DIONNE.1247765537

Digitally signed by BYAS.TRAVIDA.DIONNE.1247765537 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BYAS.TRAVIDA.DIONNE.1247765537 Date: 2013.01.25 16:25:57 -06'00'

SKELTON.JOH

N.ARMSTRON

G.1231318816

Digitally signed by

SKELTON.JOHN.ARMSTRONG.123131

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SKELTON.JOHN.ARMSTRONG.123 1318816 Date: 2013.01.28 08:22:45 -06'00'

LENNING.RICHA

RD.EUGENE.123

1216754

Digitally signed by

LENNING.RICHARD.EUGENE.1231216754

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LENNING.RICHARD.EUGENE.12312167 Date: 2013.01.28 09:24:41 -06'00'

14. CONTRACTING OFFICER CERTIFICATION

BYAS.TRAVIDA.DIONNE.12477

65537

Digitally signed by BYAS.TRAVIDA.DIONNE.1247765537 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BYAS.TRAVIDA.DIONNE.1247765537 Date: 2013.01.25 16:26:35 -06'00'

J&A # NWK 13-0009

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the Mitigation Services, Missouri River, State of Kansas, Kansas City District, pursuant to the authority of FAR 6.302-5(a)(2)(i), “Authorized or Required by Statute”, subject to the availability of funds, and provided the services herein described have otherwise been authorized for acquisition.

Denver S. Heath Alternate Special Competition Advocate

DATE: ______________________

HEATH.DENVER

.S.1231000859

Digitally signed by

HEATH.DENVER.S.1231000859

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HEATH.DENVER.S.1231000859 Date: 2013.03.05 15:03:45 -06'00'

NWD SIGNATURES ARE REQUIRED BELOW

Document Identification:

Justification & Approval for NWK-13-0009 I have reviewed this J&A and find the justification adequate to support other than full and open competition

Mark N. Roush NWD Small Business Representative 360-748-8735

Thomas J. Warren Assistant Counsel for Procurement PARC Counsel 503-808-3759

Autumn V. Lovato NWD Procurement Analyst 503-808-3829

Teresa McCarthy NWD Regional Contracting Chief 503-808-3797

LOVATO.AUTUM

N.V.1365177569

Digitally signed by

LOVATO.AUTUMN.V.1365177569

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LOVATO.AUTUMN.V.1365177569 Date: 2013.03.01 11:30:56 -08'00'

WARREN.THOMAS.

JACOB.1163420410

Digitally signed by

WARREN.THOMAS.JACOB.1163420410

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WARREN.THOMAS.JACOB.1163420410 Date: 2013.03.01 11:36:55 -08'00'

ROUSH.MARK.NATH

ANIEL.1230159781

Digitally signed by

ROUSH.MARK.NATHANIEL.1230159781

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=ROUSH.MARK.NATHANIEL.1230159781 Date: 2013.03.01 12:35:16 -08'00'

MCCARTHY.TERE

SA.F.1006816513

Digitally signed by

MCCARTHY.TERESA.F.1006816513

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MCCARTHY.TERESA.F.1006816513 Date: 2013.03.01 15:48:33 -08'00'

Public Law 99-662 November 17, 1986 99th Congress

An Act

To provide for the conservation and development of water and related resources and the improvement and rehabilitation of the Nation's water resources infrastructure.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the "Water Resources Development Act of 1986".

(b) Table of Contents.--

Title I--Cost Sharing

Title II--Harbor Development

Title III--Inland Waterway Transportation System

Title IV--Flood Control

Title V--Shoreline Protection

Title VI--Water Resources Conservation and Development

Title VII--Water Resources Studies

Title VIII--Project Modifications Title IX--General Provisions

Title X--Project Deauthorizations

Title XI--Miscellaneous Programs and Projects

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Highlight storm damage reduction shall apply to the project under this subsection.

SEC. 502. WESTHAMPTON BEACH, NEW YORK.

The Secretary shall apply the cost sharing provisions of section 31(1) of the Water Resources Development Act of 1974 (Public Law 93-251) to periodic nourishment of the continuing construction project at Westhampton Beach, New York, for a period of 20 years after the date of enactment of this Act.

TITLE VI --WATER RESOURCES CONSERVATION AND DEVELOPMENT

SEC. 601. AUTHORIZATION OF PROJECTS.

(a) Authorization of Construction.--The following works of improvement for water resources development and conservation and for other purposes are adopted and authorized to be prosecuted by the Secretary substantially in accordance with the plans and subject to the conditions recommended in the respective reports designated in this subsection, except as otherwise provided in this subsection:

Tennessee-Tombigbee Waterway, Alabama and Mississippi

Tennessee-Tombigbee Waterway Wildlife Mitigation, Alabama and Mississippi:

Report of the Chief of Engineers, dated August 31, 1985, at a total cost of $60,200,000. The Secretary is authorized to acquire from willing sellers in a timely manner at fair market value 88,000 acres of land for mitigation of wildlife losses resulting from construction and operation of the project for the Tennessee-Tombigbee Waterway, Alabama and Mississippi. Such lands shall be in addition to, and not in lieu of, lands currently owned by the United States in the project area which are designated as wildlife mitigation lands for such project. Of the lands acquired under this section, not less than 20,000 acres shall be acquired in the area of the Mobile -Tensaw River delta, Alabama, and not less than 25,000 acres shall be acquired in the areas of the Pascagoula River, the Pearl River, and the Mississippi River delta, Mississippi. Other lands acquired under this section may be acquired anywhere in the States of Alabama and Mississippi. The Secretary shall select lands to be acquired under this section in consultation with appropriate State and Federal officials.

Emphasis shall be placed on acquisition of lands which are predominantly flood plain forest, except that the 34,000 acres of bottomland hardwood lost as a result of the construction of the navigation project shall be replaced in-kind. The States of Alabama and Mississippi shall provide for the recommended for such purposes by such report; except that the total acreage of all mitigation lands shall not exceed 1,000 acres.

Trimble Wildlife Area, Smithville Lake, Little Platte _ River, Missouri

The project for replacement of the Trimble Wildlife Area, Smithville Lake, Little Platte River, Missouri: Report of the Chief of Engineers, dated September 22, 1977, at a total cost of $1,570,000, with a first Federal cost of $1,570,000, except that the Secretary shall participate with the State of Missouri in the development of wildlife management measures and facilities on State lands rather than the acquisition of lands and the development of Jackass Bend.

St. Louis Harbor, Missouri and Illinois

The project for navigation, St. Louis Harbor, Missouri and Illinois: Report of the Chief of Engineers, dated April 30, 1984, at a total cost of $31,000,000, with an estimated first Federal cost of $10,400,000 and an estimated first non-Federal cost of $20,600,000.

Missouri River Mitigation, Missouri, Kansas, Iowa, and Nebraska

The project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska:

Report of the Chief of Engineers, dated April 24, 1984, at a total cost of $51,900,000, with a first Federal cost of $51,900,000. The Secretary shall study the need for additional measures for mitigation of losses of aquatic and terrestrial habitat caused by such project and shall report to Congress, within three years after the date of enactment of this Act, on the results of such study and any recommendations for additional measures needed for mitigation of such losses.

Olcott Harbor, New York

The project for navigation, Olcott Harbor, New York: Report of the Chief of Engineers, dated June 11, 1980, at a total cost of $12,600,000, with an estimated first Federal cost of $6,300,000 and an estimated first non-Federal cost of $6,300,000. The Secretary, in consultation with appropriate Federal, State, and local agencies, shall conduct additional studies of the effects of the project on fish and wildlife resources. The Secretary is authorized to

113 STAT. 269PUBLIC LAW 106–53—AUG. 17, 1999

Public Law 106–53 106th Congress

An Act To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Resources Development Act of 1999’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small flood control projects.

Sec. 103. Small bank stabilization projects.

Sec. 104. Small navigation projects.

Sec. 105. Small projects for improvement of the quality of the environment.

Sec. 106. Small aquatic ecosystem restoration projects.

TITLE II—GENERAL PROVISIONS

Sec. 201. Small flood control authority.

Sec. 202. Use of non-Federal funds for compiling and disseminating information on floods and flood damage.

Sec. 203. Contributions by States and political subdivisions.

Sec. 204. Sediment decontamination technology.

Sec. 205. Control of aquatic plants.

Sec. 206. Use of continuing contracts for construction of certain projects.

Sec. 207. Water resources development studies for the Pacific region.

Sec. 208. Everglades and south Florida ecosystem restoration.

Sec. 209. Beneficial uses of dredged material.

Sec. 210. Aquatic ecosystem restoration.

Sec. 211. Watershed management, restoration, and development.

Sec. 212. Flood mitigation and riverine restoration program.

Sec. 213. Shore management program.

Sec. 214. Shore damage prevention or mitigation.

Sec. 215. Shore protection.

Sec. 216. Flood prevention coordination.

Sec. 217. Disposal of dredged material on beaches.

Sec. 218. Annual passes for recreation.

Sec. 219. Nonstructural flood control projects.

Sec. 220. Lakes program.

Sec. 221. Enhancement of fish and wildlife resources.

Sec. 222. Purchase of American-made equipment and products.

Sec. 223. Construction of flood control projects by non-Federal interests.

Sec. 224. Environmental dredging.

Sec. 225. Recreation user fees.

Sec. 226. Small storm damage reduction projects.

33 USC 2201

note.

Water Resources Development Act of 1999.

Inter-governmental relations.

Aug. 17, 1999 [S. 507]

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113 STAT. 306 PUBLIC LAW 106–53—AUG. 17, 1999

SEC. 333. MERAMEC RIVER BASIN, VALLEY PARK LEVEE, MISSOURI.

The project for flood control, Meramec River Basin, Valley Park Levee, Missouri, authorized by section 2(h) of the Act entitled ‘‘An Act to deauthorize several projects within the jurisdiction of the Army Corps of Engineers’’ (Public Law 97–128; 95 Stat. 1682) and modified by section 1128 of the Water Resources Development Act of 1986 (100 Stat. 4246), is further modified to authorize the Secretary to construct the project at a maximum Federal expendi-ture of $35,000,000, if the Secretary determines that the project as modified is technically sound, environmentally acceptable, and economically justified.

SEC. 334. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS,

IOWA, AND NEBRASKA.

(a) IN GENERAL.—The project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143) is modified to increase by 118,650 acres the amount of land and interests in land to be acquired for the project.

(b) STUDY.—

(1) IN GENERAL.—The Secretary, in conjunction with the

States of Missouri, Kansas, Iowa, and Nebraska, shall conduct a study to determine the cost of restoring, under the authority of the Missouri River fish and wildlife mitigation project, a total of 118,650 acres of lost Missouri River fish and wildlife habitat.

(2) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall report to Congress on the results of the study.

SEC. 335. WOOD RIVER, GRAND ISLAND, NEBRASKA.

The project for flood control, Wood River, Grand Island, Nebraska, authorized by section 101(a)(19) of the Water Resources Development Act of 1996 (110 Stat. 3665), is modified to authorize the Secretary to construct the project substantially in accordance with the report of the Corps of Engineers dated June 29, 1998, at a total cost of $17,039,000, with an estimated Federal cost of $9,730,000 and an estimated non-Federal cost of $7,309,000.

SEC. 336. ABSECON ISLAND, NEW JERSEY.

The project for storm damage reduction and shore protection, Brigantine Inlet to Great Egg Harbor Inlet, Absecon Island, New Jersey, authorized by section 101(b)(13) of the Water Resources Development Act of 1996 (110 Stat. 3668), is modified to provide that if, after October 12, 1996, the non-Federal interests carry out any work associated with the project that is later recommended by the Chief of Engineers and approved by the Secretary, the Secretary may provide the non-Federal interests credit toward the non-Federal share of the cost of the project in an amount equal to the Federal share of the cost of the work, without interest.

SEC. 337. NEW YORK HARBOR AND ADJACENT CHANNELS, PORT

JERSEY, NEW JERSEY.

(a) IN GENERAL.—The project for navigation, New York Harbor and Adjacent Channels, New York and New Jersey, authorized by section 202(b) of the Water Resources Development Act of 1986 (100 Stat. 4098), is further modified to authorize the Secretary

Deadline.

FISH AND WILDLIFE COORDINATION ACT

(16 USC 661-666c)

U.S.C. TITLE 16 - CONSERVATION

CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE

SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

§ 661. Declaration of purpose; cooperation of agencies; surveys and investigations; donations

For the purpose of recognizing the vital contribution of our wildlife resources to the Nation, the increasing public interest and significance thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation for the purposes of sections 661 to 666c of this title in the United States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, in minimizing damages from overabundant species, in providing public shooting and fishing areas, including easements across public lands for access thereto, and in carrying out other measures necessary to effectuate the purposes of said sections; (2) to make surveys and investigations of the wildlife of the public domain, including lands and waters or interests therein acquired or controlled by any agency of the United States; and (3) to accept donations of land and contributions of funds in furtherance of the purposes of said sections.

§ 662. Impounding, diverting, or controlling of waters

(a) Consultations between agencies

Except as hereafter stated in subsection (h) of this section, whenever the waters of any stream or other body of water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any purpose whatever, including navigation and drainage, by any department or agency of the United States, or by any public or private agency under Federal permit or license, such department or agency first shall consult with the United States Fish and Wildlife Service, Department of the Interior, and with the head of the agency exercising administration over the wildlife resources of the particular State wherein the impoundment, diversion, or other control facility is to be constructed, with a view to the conservation of wildlife resources by preventing loss of and damage to such resources as well as providing for the development and improvement thereof in connection with such water-resource development.

(b) Reports and recommendations; consideration

In furtherance of such purposes, the reports and recommendations of the Secretary of the Interior on the wildlife aspects of such projects, and any report of the head of the State agency exercising administration over the wildlife resources of the State, based on surveys and investigations conducted by the United States Fish and Wildlife Service and such State agency for the purpose of determining the possible damage to wildlife resources and for the purpose of determining means and measures that should be adopted to prevent the loss of or damage to such wildlife resources, as well as to provide concurrently for the development and improvement of such resources, shall be made an integral part of any report prepared or submitted by any agency of the Federal Government responsible for engineering surveys and construction of such projects when such reports are presented to the Congress or to any agency or person having the authority or the power, by administrative action or otherwise, (1) to authorize the construction of water-resource development projects or (2) to approve a report on the modification or supplementation of plans for previously authorized projects, to which sections 661 to 666c of this title apply. Recommendations of the Secretary of the Interior shall be as specific as is practicable with respect to features recommended for wildlife conservation and development, lands to be utilized or acquired for such purposes, the results expected, and shall describe the damage to wildlife attributable to the project and the measures proposed for mitigating or compensating for these damages. The reporting officers in project reports of the Federal agencies shall give full consideration to the report and recommendations of the Secretary of the Interior and to any report of the State agency on the wildlife aspects of such projects, and the project plan shall include such justifiable means and measures for wildlife purposes as the reporting agency finds should be adopted to obtain maximum overall project benefits.

(c) Modification of projects; acquisition of lands

Federal agencies authorized to construct or operate water-control projects are authorized to modify or add to the structures and operations of such projects, the construction of which has not been substantially completed on the date of enactment of the Fish and Wildlife Coordination Act, and to acquire lands in accordance with section 663 of this title, in order to accommodate the means and measures for such conservation of wildlife resources as an integral part of such projects: Provided, That for projects authorized by a specific Act of Congress before the date of enactment of the Fish and Wildlife Coordination Act (1) such modification or land acquisition shall be compatible with the purposes for which the project was authorized; (2) the cost of such modifications or land acquisition, as means and measures to prevent loss of and damage to wildlife resources to the extent justifiable, shall be an integral part of the cost of such projects; and (3) the cost of such modifications or land acquisition for the development or improvement of wildlife resources may be included to the extent justifiable, and an appropriate share of the cost of any project may be allocated for this purpose with a finding as to the part of such allocated cost, if any, to be reimbursed by non-Federal interests.

(d) Project costs

The cost of planning for and the construction or installation and maintenance of such means and measures adopted to carry out the conservation purposes of this section shall constitute an integral part of the cost of such projects: Provided, That such cost attributable to the development and improvement of wildlife shall not extend beyond that necessary for (1) land acquisition, (2) facilities as specifically recommended in water resource project reports, (3) modification of the project, and (4) modification of project operations, but shall not include the operation of wildlife facilities.

(e) Transfer of funds

In the case of construction by a Federal agency, that agency is authorized to transfer to the United States Fish and Wildlife Service, out of appropriations or other funds made available for investigations, engineering, or construction, such funds as may be necessary to conduct all or part of the investigations required to carry out the purposes of this section.

(f) Estimation of wildlife benefits or losses

In addition to other requirements, there shall be included in any report submitted to Congress supporting a recommendation for authorization of any new project for the control or use of water as described herein (including any new division of such project or new supplemental works on such project) an estimation of the wildlife benefits or losses to be derived therefrom including benefits to be derived from measures recommended specifically for the development and improvement of wildlife resources, the cost of providing wildlife benefits (including the cost of additional facilities to be installed or lands to be acquired specifically for that particular phase of wildlife conservation relating to the development and improvement of wildlife), the part of the cost of joint-use facilities allocated to wildlife, and the part of such costs, if any, to be reimbursed by non-Federal interests.

(g) Applicability to projects

The provisions of this section shall be applicable with respect to any project for the control or use of water as prescribed herein, or any unit of such project authorized before or after the date of enactment of the Fish and Wildlife Coordination Act for planning or construction, but shall not be applicable to any project or unit thereof authorized before the date of enactment of the Fish and Wildlife Coordination Act if the construction of the particular project or unit thereof has been substantially completed. A project or unit thereof shall be considered to be substantially completed when sixty percent or more of the estimated construction cost has been obligated for expenditure.

(h) Exempt projects and activities

The provisions of section 661 to 666c of this title shall not be applicable to those projects for the impoundment of water where the maximum surface area of such impoundments is less than ten acres, nor to activities for or in connection with programs primarily for land management and use carried out by Federal agencies with respect to Federal lands under their jurisdiction.

§ 663. Impoundment or diversion of waters

(a) Conservation, maintenance, and management of wildlife resources; development and improvement

Subject to the exceptions prescribed in section 662(h) of this title, whenever the waters of any stream or other body of water are impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any purpose whatever, including navigation and drainage, by any department or agency of the United States, adequate provision, consistent with the primary purposes of such impoundment, diversion, or other control, shall be made for the use thereof, together with any areas of land, water, or interests therein, acquired or administered by a Federal agency in connection therewith, for the conservation, maintenance, and management of wildlife resources thereof, and its habitat thereon, including the development and improvement of such wildlife resources pursuant to the provisions of section 662 of this title.

(b) Use and availability of waters, land, or interests therein

The use of such waters, land, or interests therein for wildlife conservation purposes shall be in accordance with general plans approved jointly (1) by the head of the particular department or agency exercising primary administration in each instance,

(2) by the Secretary of the Interior, and (3) by the head of the agency exercising the administration of the wildlife resources of the particular State wherein the waters and areas lie. Such waters and other interests shall be made available, without cost for administration, by such State agency, if the management of the properties relate to the conservation of wildlife other than migratory birds, or by the Secretary of the Interior, for administration in such manner as he may deem advisable, where the particular properties have value in carrying out the national migratory bird management program: Provided, That nothing in this section shall be construed as affecting the authority of the Secretary of Agriculture to cooperate with the States or in making lands available to the States with respect to the management of wildlife and wildlife habitat on lands administered by him.

(c) Acquisition of land, waters, and interests therein; report to Congress

When consistent with the purposes of sections 661 to 666c of this title and the reports and findings of the Secretary of the Interior prepared in accordance with section 662 of this title, land, waters, and interests therein may be acquired by Federal construction agencies for the wildlife conservation and development purposes of sections 661 to 666c of this title in connection with a project as reasonably needed to preserve and assure for the public benefit the wildlife potentials of the particular project area: Provided, That before properties are acquired for this purpose, the probable extent of such acquisition shall be set forth, along with other data necessary for project authorization, in a report submitted to the Congress, or in the case of a project previously authorized, no such properties shall be acquired unless specifically authorized by Congress, if specific authority for such acquisition is recommended by the construction agency.

(d) Use of acquired properties

Properties acquired for the purposes of this section shall continue to be used for such purposes, and shall not become the subject of exchange or other transactions if such exchange or other transaction would defeat the initial purpose of their acquisition.

(e) Availability of Federal lands acquired or withdrawn for Federal water-resource purposes

Federal lands acquired or withdrawn for Federal water-resource purposes and made available to the States or to the Secretary of the Interior for wildlife management purposes, shall be made available for such purposes in accordance with sections 661 to 666c of this title, notwithstanding other provisions of law.

(f) National forest lands

Any lands acquired pursuant to this section by any Federal agency within the exterior boundaries of a national forest shall, upon acquisition, be added to and become national forest lands, and shall be administered as a part of the forest within which they are situated, subject to all laws applicable to lands acquired under the provisions of the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired to carry out the National Migratory Bird Management Program.

§ 664. Administration; rules and regulations; availability of lands to State agencies

Such areas as are made available to the Secretary of the Interior for the purposes of sections 661 to 666c of this title, pursuant to sections 661 and 663 of this title or pursuant to any other authorization, shall be administered by him directly or in accordance with cooperative agreements entered into pursuant to the provisions of section 661 of this title and in accordance with such rules and regulations for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon, as may be adopted by the Secretary in accordance with general plans approved jointly by the Secretary of the Interior and the head of the department or agency exercising primary administration of such areas: Provided, That such rules and regulations shall not be inconsistent with the laws for the protection of fish and game of the States in which such area is situated: Provided, further, That lands having value to the National Migratory Bird Management Program may, pursuant to general plans, be made available without cost directly to the State agency having control over wildlife resources, if it is jointly determined by the Secretary of the Interior and such State agency that this would be in the public interest: And provided further, That the Secretary of the Interior shall have the right to assume the management and administration of such lands in behalf of the National Migratory Bird Management Program if the Secretary finds that the State agency has withdrawn from or otherwise relinquished such management and administration.

§ 665. Investigations as to effect of sewage, industrial wastes; reports

The Secretary of the Interior, through the Fish and Wildlife Service and the United States Bureau of Mines, is authorized to make such investigations as he deems necessary to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports to the Congress concerning such investigations and of recommendations for alleviating dangerous and undesirable effects of such pollution. These investigations shall include

(1) the determination of standards of water quality for the maintenance of wildlife; (2) the study of methods of abating and preventing pollution, including methods for the recovery of useful or marketable products and byproducts of wastes; and (3) the collation and distribution of data on the progress and results of such investigations for the use of Federal, State, municipal, and private agencies, individuals, organizations, or enterprises.

§ 665a. Maintenance of adequate water levels in upper Mississippi River

In the management of existing facilities (including locks, dams, and pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis, Minnesota, administered by the United States Corps of Engineers of the Department of the Army, that Department is directed to give full consideration and recognition to the needs of fish and other wildlife resources and their habitat dependent on such waters, without increasing additional liability to the Government, and, to the maximum extent possible without causing damage to levee and drainage districts, adjacent railroads and highways, farm lands, and dam structures, shall generally operate and maintain pool levels as though navigation was carried on throughout the year.

§ 666. Authorization of appropriations

There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions of sections 661 to 666c of this title and regulations made pursuant thereto, including the construction of such facilities, buildings, and other improvements necessary for economical administration of areas made available to the Secretary of the Interior under said sections, and the employment in the city of Washington and elsewhere of such persons and means as the Secretary of the Interior may deem necessary for such purposes.

§ 666a. Penalties

Any person who shall violate any rule or regulation promulgated in accordance with sections 661 to 666c of this title shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than one year, or both.

§ 666b. Definitions

The terms "wildlife" and "wildlife resources" as used herein include birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent.

§ 666c. Applicability to Tennessee Valley Authority

The provisions of sections 661 to 666c of this title shall not apply to the Tennessee Valley Authority.

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Article 5

Compensation

1-5-1. Preparation, installation, and revision of the pay plan or plans. (a) After conferring with appointing authorities, the secretary of administration and the director of the budget, a pay plan or plans for the classified service shall be recommended to the governor by the director. Except as otherwise provided, the pay plan or plans shall provide a minimum and maximum rate of pay for each class of positions in the classified service. In establishing these rates, the following factors shall be taken into consideration by the director:

(1) the condition of the labor market;

(2) prevailing rates for comparable positions in other public employment and in private business;

(3) difficulty and responsibility of work;

(4) the usual education and experience required;

(5) the current cost of living;

(6) turnover rates in the state service; and

(7) maintenance or other benefits received.

Revisions to the pay plan or plans shall be prepared, adopted, and made effective in accordance with other provisions of article 5 of these regulations.

(b) When a pay plan or plans are to be installed or revised, instructions for installing or revising the plan or plans shall be prepared by the director, including instructions for handling circumstances where an employee's pay is above the pay grade, below the pay grade, or not on a step of the pay grade for the class in which the employee is employed. The instructions shall not be required if these circumstances can be handled by application of appropriate regulations.

(Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2938; effective May 1, 1979; amended May 31, 1996.)

1-5-2. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-5-3. (Authorized by K.S.A. 75-3747; effective May 1, 1979; amended Dec. 17, 1995; revoked May 31, 1996.)

1-5-4. Assignment of classes to pay grades. After conferring with appointing authorities, the secretary of administration, and the director of the budget, the assignment of each class of positions to one of the pay grades shall be recommended to the governor by the director, and schedules showing the pay grades approved by the governor for each class of positions shall be prepared by the director. Separate schedules of pay grades and steps showing full time biweekly salaries and hourly rates shall be developed and the appropriate schedule shall be used for each position in the classified service. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A.

75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended Dec. 17, 1995.)

1-5-5. (Authorized by K.S.A. 1985 Supp. 75-3747; implementing K.S.A. 75-2938; effective May 1, 1979; amended May 1, 1981; amended, T-86-17, June 17, 1985; amended, T-86-36, Dec. 11, 1985; amended May 1, 1986; amended, T-87-11, May 1, 1986; amended May 1, 1987; revoked Dec. 17, 1995.)

1-5-6. (Authorized by K.S.A. 75-3747; effective May 1, 1979; amended Dec. 17, 1995; revoked May 31, 1996.)

Page 1 of 10ARTICLE 5

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1-5-7. Employees to be paid within the pay grade, approval of employee pay changes; effective date; retroactive increases. (a) Except as provided otherwise in these regulations, each employee shall be paid within the pay grade adopted for the class of positions and at the step within the pay grade as prescribed by these regulations.

(b) All employee pay changes shall be determined by the appointing authority in a manner prescribed by the director and shall comply with all applicable personnel regulations and directives approved by the governor.

(c) Each employee pay step increase shall be effective on the date that the employee completes the time-on-step requirements as stated in K.A.R. 1-5-19b. All other pay changes shall take effect on the day of the transaction.

(d) Employee pay changes may be retroactive as approved by the appointing authority or the director to correct documented errors or as otherwise approved by the governor. Each retroactive pay increase shall be limited to no more than six payroll periods, except as otherwise approved by the director.

(e) In a manner prescribed by the director, the appointing authority shall report to the director all pay changes made by the appointing authority pursuant to this regulation. (Authorized by K.S.A.

1996 Supp. 75-3747; implementing K.S.A. 1996 Supp. 75-2938; effective May 1, 1979; amended, E-81-23, Aug. 27, 1980; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984;

amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended May 31, 1996; amended Oct. 24, 1997.)

1-5-8. Beginning pay. (a) Except as specified in subsection (b), each new hire and each rehire not based on a reemployment or reinstatement shall be paid at the minimum step of the pay grade for the class.

(b) New hires and rehires not based on a reemployment or a reinstatement may be paid at higher steps in the pay grade only under the following circumstances:

(1) If an agency has an eligible candidate with exceptional qualifications directly related to the vacant position and the agency cannot employ the person at the minimum step, the appointing authority may approve beginning pay for the individual at a higher step in the pay grade.

Exceptional qualifications shall be based on the candidate's education, training, experience, skills, and other job-related qualifications.

(2) If there is a lack of candidates for a class of positions available for employment at the minimum step, one or more appointing authorities may request that the director establish some higher step in the pay grade as the beginning pay in the class for new hires and for rehires not based on a reemployment or a reinstatement. Authorization for the higher beginning pay may be given to a designated agency or agencies, to all agencies, or for a particular geographical area.

This authorization shall remain in place until canceled by the director. If the authorization has remained in place for three years for reasons other than a geographic basis, a compensation study shall be conducted by the director.

(A) If the director authorizes higher beginning pay under paragraph (b) (2), each appointing authority whose agency has positions in the class or geographical area that is authorized for a higher beginning pay shall be notified of the authorization by the director. Except as provided below, the appointing authority of each agency to which the authority has been granted shall then raise the pay of each incumbent in the class who is being paid at a lower step to the higher beginning pay. These pay increases shall take effect on the first day of the pay period following the date of the director’s authorization. The length of time that the incumbent has spent on the previous step of the pay grade shall count toward the time-on-step requirement for the new step.

(B) If the authorization granted under paragraph (b) (2) is only for a particular geographical area, the appointing authority shall not raise the pay of incumbents in other geographical areas.

(3) Any appointing authority may pay a temporary employee at a higher step in the pay grade if the candidate has exceptional qualifications directly related to the position or has former permanent status in the same class or another class at the same or higher pay grade.

(c) In a manner prescribed by the director, the appointing authority shall report to the director each hire above the minimum step made by the appointing authority as provided in this regulation.

(d) The beginning pay for any unclassified employee hired into a position in the classified service shall be determined in accordance with the provisions of this regulation. (Authorized by K.S.A. 75- 2950 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2938a, 75-2950, 75- 3707, and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987;

amended Dec. 17, 1995; amended Oct. 24, 1997; amended T-1-1-30-01, Feb. 4, 2001; amended May 25, 2001; amended June 5, 2005; amended Sept. 29, 2006.)

1-5-9. Pay of temporary employee. (a) Except as provided in subsection (b), the pay of each temporary employee shall be the minimum step of the pay grade to which the classification is assigned.

Page 2 of 10ARTICLE 5

(b) At the option of the appointing authority, any temporary employee may be hired at a step higher than the minimum step as provided in K.A.R. 1-5-8.

(c) Nothing in this regulation shall prevent the appointing authority from hiring the candidate at a step in the pay grade lower than that permitted by subsection (b).

(d) No person hired on a temporary basis shall be eligible for any step increase during the period of temporary employment.

(e) This regulation shall take effect on and after February 4, 2001. (Authorized by K.S.A. 75- 3747; implementing K.S.A. 75-2938, and K.S.A. 75-2945; effective May 1, 1979; amended, E-81- 14, June 12, 1980; amended May 1, 1981; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995;

amended Sept. 18, 1998; amended May 25, 2001.)

1-5-10. Pay of employee rehired by reinstatement or reemployment. (a) Any person hired by reinstatement may be paid at the same step of the pay grade for the class to which the employee is reinstated as the step on which the employee was previously paid for the class that serves as the basis for the employee's eligibility for reinstatement. When an employee to be reinstated has exceptional qualifications and the agency cannot hire the person at the previous step, the agency's appointing authority may approve beginning pay at a higher step in the pay grade.

Exceptional qualifications shall be based on the former employee's education, training, experience, skills, and other qualifications directly related to the vacant position.

(1) When a higher step in the pay grade has been established as the beginning pay for new hires to the class pursuant to K.A.R. 1-5-8 due to lack of candidates, the agency shall hire the employee at the higher beginning pay.

(2) Nothing in this subsection shall prevent a person from accepting reinstatement at a step lower than that on which the person was being paid in the class that serves as the basis for the employee's eligibility for reinstatement.

(b) The pay increase date for any person who is reinstated shall be governed by the time-on-step requirement of the step to which reinstated. Time-on-step in a previous position shall not count towards the time-on-step requirement.

(c)(1) Any person who is reemployed to the same class from which the person was laid off, or to a class with the same pay grade as that class, shall be paid at the same step of the pay grade as the step on which the person was being paid on the date the person was laid off, or any lower step of the pay grade.

(2) Any person who is reemployed to a class with a pay grade lower than the class from which the person was laid off shall be paid at one of the following rates:

(A) the same pay rate (dollar amount) as the rate the person was being paid immediately before being laid off, if the rate is on a step in the lower pay grade. If that rate is within the pay grade for the class but not on a step, the person may be paid at the next lower step or the next higher step.

However, in no case shall the person be paid above the maximum step of the lower pay grade; or

(B) a lower pay rate (dollar amount) than the person was being paid immediately before being laid off.

(d) In determining the pay increase date for any person who is reemployed to the class from which the person was laid off, to a class with the same pay grade as that class, or to a class with a pay grade lower than that class, the length of time the employee had spent on the last pay step immediately before the date the person was laid off shall count toward the time-on-step requirement. If the pay increase date for this person is less than six months after the date of reemployment, the agency may use the person's last performance review rating before layoff or may give a new performance review rating in determining the person's eligibility for a pay step increase, as provided in K.A.R. 1-5-19b. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75- 2938, 75-2948, and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980;

amended May 1, 1981; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989;

amended Dec. 17, 1995; amended Sept. 18, 1998.)

1-5-11. Pay of employee returned from military leave. (a) Except as provided in subsection (b) of this regulation, any employee who returns from military leave to a position in the same class in which the employee was employed when the leave was granted, or to a position in the same pay grade, shall be paid at the same step in the pay grade at which the employee was being paid when the leave began. In determining the employee's new pay increase date, credit shall be given for the time served in the armed forces.

(b) The appointing authority shall grant one or more pay step increases to an eligible employee upon the employee's return from military leave if the authority is reasonably certain the employee would have received the increase had the employee been continuously employed and state service not interrupted by military leave. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A.

75-2947, as amended by 1995 SB 175, § 11; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1985; amended, T-86-17, June 17, 1985;

Page 3 of 10ARTICLE 5 amended May 1, 1986; amended May 1, 1987; amended March 20, 1989; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995.)

1-5-12. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2938 and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1984; amended May 1, 1987; amended Dec. 17, 1995; amended May 31, 1996; revoked Oct. 24, 1997.)

1-5-13. Pay of employee promoted to a higher class. (a) When an employee in the classified service is promoted or the employee's position is reallocated to a…