Request for Project Proposals Pursuant to Section 165 of the Water Resources Development Act of 2020, Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities

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Published

June 21, 2023

Issuing agencies

Defense DepartmentEngineers Corps

Abstract

Section 165 of the Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged communities at 100% Federal cost. The Department of the Army is requesting pilot project proposals. The Secretary is authorized to select up to 20 pilot projects.

Full Text

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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40229-40230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13144]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

Request for Project Proposals Pursuant to Section 165 of the
Water Resources Development Act of 2020, Pilot Program for Continuing
Authority Projects in Small or Disadvantaged Communities

AGENCY: U.S. Army Corps of Engineers, Department of the Army, DoD.

ACTION: Notice; request for pilot project proposals.

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SUMMARY: Section 165 of the Water Resources Development Act of 2020
directs the Secretary of the Army to implement a pilot program for
carrying out projects under a continuing authority program for
economically disadvantaged communities at 100% Federal cost. The
Department of the Army is requesting pilot project proposals. The
Secretary is authorized to select up to 20 pilot projects.

DATES: Proposals are to be submitted no later than August 21, 2023.

ADDRESSES: You may submit proposals in writing using any of these
methods:
<bullet> Mail: HQ, U.S. Army Corps of Engineers, ATTN: Ms. Amy
Babey, at 441 G Street NW, Washington, DC 20314.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#6b1c190f0a595b080a1b5a5d5e0a2b1e180a080e450a19061245060207"><span class="__cf_email__" data-cfemail="9bece9fffaa9abf8faebaaadaefadbeee8faf8feb5fae9f6e2b5f6f2f7">[email&#160;protected]</span></a>. Please include
Section 165 Project Proposal in the subject line of the message.
Due to security requirements, we cannot receive proposals by hand
delivery or courier.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Babey at
<a href="/cdn-cgi/l/email-protection#42353026237072212332737477230237312321276c23302f3b6c2f2b2e"><span class="__cf_email__" data-cfemail="4d3a3f292c7f7d2e2c3d7c7b782c0d383e2c2e28632c3f203463202421">[email&#160;protected]</span></a> or by phone at 502-645-7199.

SUPPLEMENTARY INFORMATION: Section 165 of the Water Resources
Development Act of 2020 requires the Secretary to implement a pilot
program for carrying out up to 20 projects under a continuing authority
program for economically disadvantaged communities at 100 percent
Federal cost. Additional information on the section 165 pilot program
can be found in the Assistant Secretary of the Army for Civil Works
(ASA(CW)) policy guidance issued on 12 June 2023. A copy of the
guidance can be obtained at <a href="https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/Legislative-Links/wrda_2020/">https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/Legislative-Links/wrda_2020/</a>.
The term ``economically disadvantaged community'' means as defined
in the ASA(CW) memorandum, Implementation Guidance for Section 160 of
the Water Resources Development Act of 2020, Definition of Economically
Disadvantaged Community, dated 14 March 2023. A copy of the guidance
can be obtained at <a href="https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll5/id/36002">https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll5/id/36002</a>.
The term ``continuing authority program'' (CAP) means any of the
following:
1. Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r).
2. Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g). This
authority is commonly identified as ``Section 103'' by the U.S. Army
Corps of Engineers (USACE).
3. Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
4. Section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i).
5. Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326).
6. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
7. Section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330).
8. Section 2 of the Act of August 28, 1937 (33 U.S.C. 701g). This
authority is commonly identified as ``Section 208'' by USACE.
9. Section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a).
Notwithstanding the cost share authorized for the applicable CAP
section, pursuant to section 165(a), the Federal share of the cost of a
project selected under this authority shall be 100 percent. Therefore,
the maximum total Federal cost of a project implemented under Section
165(a) will be the sum of the applicable statutory per project Federal
participation limit (see table below) plus the amount that the non-
Federal interest would pay as its cost share.

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Statutory per
project
Authority federal
participation
limit
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Section 14.............................................. $10,000,000
Section 103............................................. 10,000,000
Section 107............................................. 10,000,000
Section 111............................................. 12,500,000
Section 204............................................. 10,000,000
Section 205............................................. 10,000,000
Section 206............................................. 10,000,000
Section 208............................................. 500,000
Section 1135............................................ 10,000,000
------------------------------------------------------------------------

Non-Federal Interest Requirements

1. Provide all required lands, easements, rights-of-way,
relocations, and disposal areas (LERRDs) required for the project.
2. Perform and pay for all costs associated with any required
hazardous, toxic, and radioactive wastes (HTRW) cleanup and response
in, on, or under any real property interest required for the project.
3. Operate and maintain the project at full non-Federal expense
(except for a project for commercial navigation).
4. Hold and save the United States free from all damages arising
from the project that are not due to the fault or negligence of the
United States or its contractors.
5. For a project for navigation, provide all required local service
facilities.
6. Pay all costs of planning, design, and construction that exceed
the sum of the statutory per project Federal participation limit for
the applicable CAP section plus the amount that the non-Federal
interest would normally provide as its cost share.

Project Proposals

All information provided in a proposal is public information.
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 publicly should not be included in the submittal.
Proposals to convert an active CAP or specifically authorized study or
project to a Section 165 pilot program study or project will not be
considered. The authority to initiate a project under the pilot program
terminates on December 27, 2030.
Entities submitting proposals for a project must include the
following information:
1. Name, location, and description of the proposed project.
2. Description of the Economically Disadvantaged Community. The
proposal must include a map and a narrative description of the
economically disadvantaged community that will be benefited by the
proposed project. The narrative description must include sufficient
information to validate the community's classification as economically
disadvantaged. The narrative must also describe the type

[[Page 40230]]

and complexity of the urbanization in the community and identify any
existing infrastructure in the community that is related to the purpose
of the proposed project.
3. Description of the non-Federal interest for the proposed
project. The description must include sufficient information to
validate the non-Federal interest's eligibility as an applicant for the
pilot program.
4. A letter of intent to partner with USACE in conducting a study,
completing a design, constructing the project, and the long-term
operation and maintenance of the constructed project. The letter of
intent must include information demonstrating the non-Federal interest
ability to be a partner in the study and project.
5. Description of the need for the proposed project and what the
project would provide to the disadvantaged community.
6. For a project for flood risk management or coastal storm risk
management (CSRM) purposes, the proposal must include a description of
the history of flooding and the population at risk in the economically
disadvantaged community. The narrative should include the dates of
flood events and describe the property damages and life loss
attributable to each event. It should also include a qualitative
description or range of how deep the water was and how fast it was
flowing. The description should identify any characteristics of the
population that have a bearing on risk, such as the total number of
people subject to flooding or a coastal storm, low per capita income,
or unemployment rate above the national average.
7. A proposal for a project for CSRM purposes must include
assurance of local willingness and capability to establish conditions
of public use and access to beaches and shores. The proposal must
identify whether the proposed project may result in a CSRM project that
benefits beaches or shores the majority of which are private. In such
cases, the applicant must provide assurance in the proposal that it is
capable and willing to establish sufficient conditions of public use
and access as a condition of Federal financial participation in a
project.
8. For a project for ecosystem restoration, the proposal must
describe the degraded habitat targeted for restoration and the causes
of the degradation. Regionally and nationally significant habitat or
natural resources should be identified.
9. For a project under section 14, the proposal must describe the
ownership and function of the facility to be protected and the nature
of the damage caused by flooding adjacent to the facility.
10. For a project under section 111, the proposal must describe the
shoreline damage and identify the Federal navigation project
responsible for the damage.
11. For a project for commercial navigation under Section 107, the
proposal must describe existing facilities, vessel traffic, and the
navigation problem the proposed project will address.

Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-13144 Filed 6-20-23; 8:45 am]
BILLING CODE 3720-58-P

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