Notice2022-09179
Proposals by Non-Federal Interests, for Feasibility Studies, Proposed Modifications to Authorized Water Resources Development Projects and Feasibility Studies, and Proposed Modifications to Environmental Infrastructure Programs for Inclusion in the Annual Report to Congress on Future Water Resources Development
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Published
April 29, 2022
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
Section 7001 of the Water Resources Reform and Development Act (WRRDA) 2014, as amended, requires the Secretary of the Army annually submit to the Congress a report (Annual Report) that identifies feasibility reports, proposed feasibility studies submitted by non- Federal interests, proposed modifications to authorized water resources development projects or feasibility studies, and proposed modifications to environmental infrastructure program authorities that meet certain criteria. The Annual Report is to be based, in part, upon proposals submitted by non-Federal interests.
Full Text
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<title>Federal Register, Volume 87 Issue 83 (Friday, April 29, 2022)</title>
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[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Pages 25474-25475]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09179]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Proposals by Non-Federal Interests, for Feasibility Studies,
Proposed Modifications to Authorized Water Resources Development
Projects and Feasibility Studies, and Proposed Modifications to
Environmental Infrastructure Programs for Inclusion in the Annual
Report to Congress on Future Water Resources Development
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice.
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SUMMARY: Section 7001 of the Water Resources Reform and Development Act
(WRRDA) 2014, as amended, requires the Secretary of the Army annually
submit to the Congress a report (Annual Report) that identifies
feasibility reports, proposed feasibility studies submitted by non-
Federal interests, proposed modifications to authorized water resources
development projects or feasibility studies, and proposed modifications
to environmental infrastructure program authorities that meet certain
criteria. The Annual Report is to be based, in part, upon proposals
submitted by non-Federal interests.
DATES: Proposals must be submitted online by August 29, 2022.
ADDRESSES: Submit proposals online at: <a href="https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/">https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/</a>. If a
different method of submission is required, use the further information
below to arrange an alternative submission process.
FOR FURTHER INFORMATION CONTACT: Send an email to the help desk at
<a href="/cdn-cgi/l/email-protection#5304010117126463636203213c233c20323f1326203230367d32213e2a7d3e3a3f"><span class="__cf_email__" data-cfemail="590e0b0b1d186e696968092b3629362a3835192c2a383a3c77382b342077343035">[email protected]</span></a> or call Stuart McLean, Planning and
Policy Division, Headquarters, USACE, Washington, DC at 202-761-4931.
SUPPLEMENTARY INFORMATION: Section 7001 of WRRDA 2014 (33 U.S.C.
2282d), as amended, requires the publication of a notice in the Federal
Register annually to request proposals by non-Federal interests for
feasibility studies, modifications to authorized USACE water resources
development projects or feasibility studies, and modifications to
environmental infrastructure program authorities. Project feasibility
reports that have signed Chief's Reports, but have not been authorized
will be included in the Annual Report table by the Secretary of the
Army and these proposals do not need to be submitted in response to
this notice.
Proposals by non-Federal interests must be entered online and
require the following information:
1. The name of the non-Federal interest, or all non-Federal
interests in the case of a modification to an environmental
infrastructure program authority, including any non-Federal interest
that has contributed to or is expected to contribute toward the non-
Federal share of the proposed feasibility study, project modification
or environmental infrastructure program.
2. State if the proposal is for authorization of a feasibility
study, a modification to an authorized USACE water resources
development project, a modification to an authorized USACE water
resources feasibility study, or a modification to a USACE environmental
infrastructure program authority. If a modification of an existing
authority, specify the authorized water resources development project,
study, or environmental infrastructure program authority that is
proposed for modification.
3. State the specific project purpose(s) of the proposed study or
modification.
4. Provide an estimate, to the extent practicable, of the total
cost, and the Federal and non-Federal share of those costs, of the
proposed study and, separately, an estimate of the cost of construction
or modification.
5. Describe, to the extent applicable and practicable, an estimate
of the anticipated monetary and non-monetary benefits of the proposal
with regard to benefits to the protection of human life and property;
improvement to transportation; the national, regional, or local
economy; the environment; or the national security interests of the
United States.
6. State whether the proposal is expected to benefit disadvantaged
communities, to include a description of the disadvantaged
community(ies) and the potential benefits which may accrue as a result
of the proposal. Army is working to modernize the USACE Civil Works
program to incorporate environmental justice considerations into every
aspect of the program in an effort to maximize benefits to
disadvantaged communities to the furthest extent practicable within
agency authorities.
7. Proposals for modifications to environmental infrastructure
program authorities must also include a description of assistance
provided to date and the total Federal cost of assistance provided to
date.
8. State if the non-Federal interest has the financial ability to
provide the required cost share, reference Engineer Regulation 1105-2-
100, Planning Guidance Notebook.
9. Describe if local support exists for the proposal.
10. Upload a letter or statement of support for the proposal from
each associated non-Federal interest.
All provided information may be included in the Annual Report to
Congress on Future Water Resources Development. Therefore, information
that is Confidential Business Information, information that should not
be disclosed because of statutory restrictions, or other information
that a non-Federal interest would not want to appear in the Annual
Report should not be included.
Process: Proposals received within the time frame set forth in this
notice will be reviewed by the Army and will be presented in one of two
tables. The first table will be in the Annual Report itself, and the
second table will be in an appendix. To be included in the Annual
Report table, the proposals must meet the following five criteria:
1. Are related to the missions and authorities of the USACE;
involve a proposed or existing USACE water resources project or effort
whose primary purpose is flood and storm damage reduction, commercial
navigation, aquatic ecosystem restoration, or municipal or agricultural
water supply. Following long-standing USACE practice, related proposals
such as for recreation or hydropower, are eligible for inclusion if
undertaken in conjunction with such a project or effort.
2. Require specific congressional authorization, including by an
Act of Congress:
a. Requires Construction Authorization:
<bullet> Feasibility reports that have successfully passed the
Tentatively Selected Plan Milestone in the USACE plan formulation
process;
<bullet> Non-Federal feasibility reports submitted to the Secretary
of the Army under Section 203 of WRDA 1986, as amended, under
Administration review;
<bullet> Proposed modifications to authorized water resources
development
[[Page 25475]]
projects requested by non-Federal interests.
<bullet> Note: Reports that have signed Chief's Reports, but have
not been authorized, will be included in the Annual Report table and
these proposals do not need to be submitted in response to this notice.
b. Requires Study Authorization:
<bullet> New feasibility studies and modifications to studies
proposed by non-Federal interests through the Section 7001 of WRRDA
2014 process will be evaluated by the USACE to determine whether or not
there is existing study authority.
c. The following proposals are NOT ELIGIBLE to be included in the
Annual Report and will be included in the appendix for transparency:
<bullet> Proposals for modifications to non-Federal projects under
program authorities where USACE has provided previous technical
assistance. Authorization to provide technical assistance does not
provide authorization of a water resources development project.
<bullet> Proposals for construction of a new water resources
development project that is not the subject of a currently authorized
USACE project or a complete or ongoing feasibility study.
<bullet> Proposals that do not include a request for a potential
future water resources development project through completed
feasibility reports, proposed feasibility studies, and proposed
modifications to authorized projects or studies.
3. Have not been congressionally authorized;
4. Have not been included in the Annual Report table of any
previous Annual Report to Congress on Future Water Resources
Development; and
<bullet> If the proposal was included in the Annual Report table in
a previous Report to Congress on Future Water Resources Development,
then the proposal is not eligible to be included in the Annual Report
table. If a proposal was previously included in an appendix it may be
re-submitted.
5. If authorized, could be carried out by the USACE.
<bullet> Whether following the USACE Chief's Report process or
Section 7001 of WRRDA 2014, a proposal for a project or a project
modification would need a current decision document to provide updated
information on the scope of the potential project and demonstrate a
clear Federal interest. This determination would include an assessment
of whether the proposal is:
--Technically sound, economically viable and environmentally
acceptable.
--Compliant with environmental and other laws including but not limited
to National Environmental Policy Act, Endangered Species Act, Coastal
Zone Management Act, and the National Historic Preservation Act.
--Compliant with statutes and regulations related to water resources
development including various water resources provisions related to the
authorized cost of projects, level of detail, separable elements, fish
and wildlife mitigation, project justification, matters to be addressed
in planning, and the 1958 Water Supply Act.
Environmental infrastructure proposals are an exception to the
criteria. To be included in the Annual Report table the proposal must
be a modification to a project that was authorized pursuant to Section
219 of WRDA 1992, as amended or must identify a programmatic
modification to an environmental infrastructure assistance program that
has not been included in any previous annual report.
Feasibility study proposals submitted by non-Federal interests are
considered for study authorization only. If Congressional authorization
of a feasibility study results from inclusion in the Annual Report, it
is anticipated that such authorization would be for the study, not for
construction. Once a decision document is completed in accordance with
Executive Branch policies and procedures, the Secretary will determine
whether to recommend the project for authorization.
All USACE water resources development projects must meet certain
requirements before proceeding to construction. These requirements
include: (1) That the project is authorized for construction by
Congress; (2) that the Secretary, or other appropriate official, has
approved a current decision document; and, (3) that the funds for
project construction have been appropriated and are available.
Section 902 of WRDA 1986, as amended, (33 U.S.C. 2280) establishes
a maximum authorized cost for projects (902 limit). A Post
Authorization Change Report (PACR) is required to be completed to
support potential modifications, updates to project costs, and an
increase to the 902 limit. Authority to undertake a 902 study is
inherent in the project authority, so no additional authority is
required to proceed with the study. Since these PACRs support project
modifications, they may be considered for inclusion in the Annual
Report if a report's recommendation requires Congressional
authorization.
The Secretary shall include in the Annual Report to Congress on
Future Water Resources Development a certification stating that each
feasibility report, proposed feasibility study, and proposed
modification to an authorized water resources development project,
feasibility study, or proposed modifications to an environmental
infrastructure program authority included in the Annual Report meets
the criteria established in Section 7001 of WRRDA 2014, as amended.
Please contact the appropriate district office or use the contact
information above for assistance in researching and identifying
existing authorizations and existing USACE decision documents. Those
proposals that do not meet the criteria will be included in an appendix
table in the Annual Report to Congress on Future Water Resources
Development. Proposals in the appendix table will include a description
of why those proposals did not meet the criteria.
Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2022-09179 Filed 4-28-22; 8:45 am]
BILLING CODE 3720-58-P
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