Notice2023-16257
Water Resources Development Act 2020, Section 128 Harmful Algal Bloom Demonstration Program Draft Environmental Assessment
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Published
August 1, 2023
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The Department of the Army is publishing this notice to solicit comment on an environmental assessment of implementation of section 128 of the Water Resources Development Act of 2020 which directs the Secretary of the Army to implement a demonstration program to determine the causes of, and implement measures to effectively detect, prevent, treat, and eliminate, harmful algal blooms associated with water resources development projects.
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<title>Federal Register, Volume 88 Issue 146 (Tuesday, August 1, 2023)</title>
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[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50131-50133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16257]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
[Docket ID: COE-2023-0009]
Z-RIN 0710-ZA19
Water Resources Development Act 2020, Section 128 Harmful Algal
Bloom Demonstration Program Draft Environmental Assessment
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of availability; request comments.
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SUMMARY: The Department of the Army is publishing this notice to
solicit comment on an environmental assessment of implementation of
section 128 of the Water Resources Development Act of 2020 which
directs the Secretary of the Army to implement a demonstration program
to determine the causes of, and implement measures to effectively
detect, prevent, treat, and eliminate, harmful algal blooms associated
with water resources development projects.
DATES: Comments must be received by August 31, 2023.
ADDRESSES: You may submit comments, identified by docket number COE-
2023-0009, using any of these methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
2. Email: <a href="/cdn-cgi/l/email-protection#ea9f998b988793c49a8f849e8b8d8584c4829b8e8bc78b998bc7899dc4878892c48b998bc7899dc7988f9a85989e83848daa8b988793c4878386"><span class="__cf_email__" data-cfemail="5421273526392d7a24313a2035333b3a7a3c253035793527357937237a39362c7a352735793723792631243b26203d3a33143526392d7a393d38">[email protected]</span></a>
and include the docket number, COE-2023-0009, in the subject line of
the message.
3. Mail: HQ, U.S. Army Office of the Assistant secretary of the
Army, ATTN: Mr. Gib Owen, at U.S. Army, 108 Army Pentagon, Washington,
DC 20310-0108.
4. Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2023-0009.
The public docket will include all comments exactly as submitted and
without change and may be made available on-line at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. This will include any personal information
provided, unless the commenter indicates that the comment includes
information claimed to be Confidential Business Information (CBI) or
other information where disclosure is restricted by statute. Do not
submit information that you consider to be CBI, or otherwise protected,
through <a href="http://regulations.gov">regulations.gov</a> or email. The <a href="http://regulations.gov">regulations.gov</a> website is an
anonymous access system, which means we will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email directly to the U.S. Army without going through
<a href="http://regulations.gov">regulations.gov</a>, your email address will be automatically captured and
included as part of the comment placed in the public docket and made
available on the internet. If you submit an electronic comment, we
recommend that you include your name and other contact information in
the body of your comment. No alternative media thumb drive or CD-ROM
can be submitted. If we cannot read your comment because of technical
difficulties and cannot contact you for clarification, we may not be
able to consider your comment. Electronic comments should avoid the use
of any special characters, any form of encryption, and be free of any
defects or viruses.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All documents in
the docket are listed. Although listed in the index, some information
is not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: Mr. Gib Owen at <a href="/cdn-cgi/l/email-protection#b0c5c3d1c2ddc99ec0d5dec4d1d7dfde9ed8c1d4d19dd1c3d19dd3c79eddd2c89ed1c3d19dd3c79dc2d5c0dfc2c4d9ded7f0d1c2ddc99eddd9dc"><span class="__cf_email__" data-cfemail="cabfb9abb8a7b3e4baafa4beabada5a4e4a2bbaeabe7abb9abe7a9bde4a7a8b2e4abb9abe7a9bde7b8afbaa5b8bea3a4ad8aabb8a7b3e4a7a3a6">[email protected]</span></a> or 571-274-1929.
SUPPLEMENTARY INFORMATION: The Department of the Army is publishing
this notice to solicit comment on an environmental assessment prepared
to support the implementation of a demonstration program to determine
the causes of, and implement measures to effectively detect, prevent,
treat, and eliminate, harmful algal blooms associated with water
resources development projects. Section 128 requires the Secretary to
consult with and leverage data from Federal and State agencies, and
leverage activities of the Secretary carried out through the Engineer
Research and Development Center pursuant to section 1109 of the Water
Resources Development Act of 2018 (33 U.S.C. 610 note). The Secretary
is directed to undertake program activities in the Great Lakes, tidal
and inland waters of New Jersey, coastal and tidal waters of Louisiana,
waterways of Sacramento-San Joaquin Delta in California, Allegheny
Reservoir Watershed in New York, and Lake Okeechobee, Florida. Section
128 directs the Secretary to undertake
[[Page 50132]]
program activities related to harmful algal blooms at any Federal
reservoir located in the Upper Missouri River Basin or the North Platte
River Basin, at the request and expense of another Federal agency. A
copy of the draft environmental assessment can be found at: <a href="https://www.usace.army.mil/Missions/Civil-Works/Water-Resources-Development-Act/">https://www.usace.army.mil/Missions/Civil-Works/Water-Resources-Development-Act/</a>.
The contents of the documents do not have the force and effect of
law and are not meant to bind the public in any way. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or departmental policies.
Procedural Requirements
a. Review under the National Environmental Policy Act. As required
by the National Environmental Policy Act (NEPA), the Department of Army
prepares appropriate environmental analysis for its activities
affecting the quality of the human environment. We have preliminarily
determined that this proposed Section 128 Harmful Algal Bloom
Demonstration Program if finalized, would not constitute a major
Federal Action significantly affecting the quality of the human
environment because actions, while temporary in nature, will be taken,
during the implementation of the program to avoid and minimize any
adverse impacts that could occur as a result of the implementation of
the recommended plan. The preliminary determination that an
Environmental Impact Statement (EIS) will not be required for the
issuance of this significant guidance will be reviewed in consideration
of the comments received.
b. Unfunded Mandates Reform Act. The Unfunded Mandates Reform Act
does not apply to the Section 128 Harmful Algal Bloom Demonstration
Program because the guidance associated with this action provides
policy for the Commanding General of the U.S. Army Corps of Engineers
to conduct a Harmful Algal Bloom Demonstration Program at 100% Federal
expense. The Assistant Secretary of the Army for Civil Works has found
that small governments will not be significantly and uniquely affected
by this guidance.
c. National Technology Transfer and Advancement Act. This Section
128 Harmful Algal Bloom Demonstration Program does not involve
technical standards and as such there are no anticipated requirements
under this Act.
d. Executive Order 12866. Executive Order 12866 (58 FR 51735,
October 4, 1993), defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $200 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Tribal, or local governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
In addition, per 32 CFR 339.7 (85 FR 32299), the same tests for
significance also apply to guidance documents. This proposed Section
128 Harmful Algal Bloom Demonstration Program has been found not to be
a significant guidance action.
e. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
proposed Section 128 Harmful Algal Bloom Demonstration Program does not
impose any information collection requirements for which Office of
Management and Budget (OMB) approval under the Paperwork Reduction Act
is required.
f. Executive Order 13132: Federalism. This proposed Section 128
Harmful Algal Bloom Demonstration Program will not have substantial
direct effects on the states, the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
g. Regulatory Flexibility Act. The Regulatory Flexibility Act
(RFA), as amended (5 U.S.C. 601 et seq.) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice-and-comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of the proposed rule on small entities, a
small entity is defined as: (1) A small business based on SBA size
standards; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. Although this is not a rulemaking
action, the Assistant Secretary of the Army for Civil Works nonetheless
certifies that this proposed Section 128 Harmful Algal Bloom
Demonstration Program does not have a significant economic impact on a
substantial number of small entities. The proposed Section 128 Harmful
Algal Bloom Demonstration Program does not place any regulatory burdens
on small entities or have a significant economic impact on such
entities.
h. Congressional Review Act (5 U.S.C. 801 et seq.). Pursuant to the
Congressional Review Act, this proposed Section 128 Harmful Algal Bloom
Demonstration Program has not been designated a major rule, as defined
by 5 U.S.C. 804(2), as it is not a rulemaking action. However,
analyzing the same parameters for this proposed significant guidance,
the Assistant Secretary of the Army for Civil Works has determined that
this proposed Section 128 Harmful Algal Bloom Demonstration Program is
not considered ``major'' as defined by 5 U.S.C. 804(2), because it is
not likely to result in: (1) An annual effect on the economy of
$200,000,000 or more; (2) a major increase in costs or prices for
consumers, individual industries, Federal, state, or local government
agencies, or geographic regions; or (3) significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of the United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets.
i. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments. Under Executive Order 13175, the Federal Government
may not issue a regulation that has substantial, direct effects on one
or more Tribal Nation, on the relationship between the Federal
Government and Tribal Nation, or on the distribution of powers and
responsibilities between the Federal Government and Tribal Nations, and
imposes substantial direct compliance costs on those communities, and
that is not required by statute, unless the Federal Government provides
the funds necessary to pay the direct compliance cost incurred by the
Tribal Nation governments, or we consult with those
[[Page 50133]]
governments. If complying by consulting, Executive Order 13175 requires
us to provide the Office of Management and Budget, in a separately
identified section of the preamble to the rule, a description of the
extent of prior consultation with representatives of affected Tribal
Nation governments, a summary of the nature of Tribal Nation concerns,
and a statement supporting the need to issue the regulation. In
addition, Executive Order 13175 requires that agencies develop an
effective process permitting elected officials and other
representatives of Tribal Nation governments an opportunity to provide
timely input in the development of regulatory policies on matters that
significantly or uniquely affect their communities. This proposed
Section 128 Harmful Algal Bloom Demonstration Program does not impose
significant compliance costs on any Tribal Nation or otherwise have
substantial direct effects on the same. The proposed Section 128
Harmful Algal Bloom Demonstration Program would not have any adverse
physical impacts to human environment as the expected result of the
Assistant Secretary of the Army for Civil Works actions will be the
implementation of temporary harmful algal bloom demonstration projects.
In the event that any Tribal Nations may have concerns with the
proposed Section 128 Harmful Algal Bloom Demonstration Program, the
Assistant Secretary of the Army for Civil Works encourages them to
submit comments through the public comment process and/or to request
government-to-government consultation.
Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-16257 Filed 7-31-23; 8:45 am]
BILLING CODE 3720-58-P
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