Notice2024-09576
Proposals by Non-Federal Interests for Inclusion in the Annual Report to Congress on Future Water Resources Development
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 2, 2024
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The Assistant Secretary of the Army for Civil Works (ASA(CW)) is soliciting proposals for inclusion in the 2025 Annual Report to Congress on Future Water Resources Development (Annual Report). The Annual Report includes proposals submitted by non-federal interests for new feasibility studies, proposed modifications to authorized water resources development projects or feasibility studies, and proposed modifications to environmental infrastructure program authorities. The Annual Report is authorized under section 7001 of the Water Resources Reform and Development Act (WRRDA) of 2014, as amended.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 86 (Thursday, May 2, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35818-35820]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09576]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Proposals by Non-Federal Interests for Inclusion in the Annual
Report to Congress on Future Water Resources Development
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary of the Army for Civil Works (ASA(CW))
is soliciting proposals for inclusion in the 2025 Annual Report to
Congress on Future Water Resources Development (Annual Report). The
Annual Report includes proposals submitted by non-federal interests for
new feasibility studies, proposed modifications to authorized water
resources development projects or feasibility studies, and proposed
modifications to environmental infrastructure program authorities. The
Annual Report is authorized under section 7001 of the Water Resources
Reform and Development Act (WRRDA) of 2014, as amended.
DATES: Proposals must be submitted by August 30, 2024.
ADDRESSES: Submit proposals by emailing the completed proposal form
[[Page 35819]]
to <a href="/cdn-cgi/l/email-protection#cb9c99998f8afcfbfbfa9bb9a4bba4b8aaa78bbeb8aaa8aee5aab9a6b2e5a6a2a7"><span class="__cf_email__" data-cfemail="6235303026235552525332100d120d11030e2217110301074c03100f1b4c0f0b0e">[email protected]</span></a>. If a different method of
submission is required, use the further information below to arrange an
alternative submission process.
FOR FURTHER INFORMATION CONTACT: For further information about the
Annual Report, visit the U.S. Army Corps of Engineers (USACE)
Headquarters website (<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>), email
<a href="/cdn-cgi/l/email-protection#5a0d08081e1b6d6a6a6b0a28352a35293b361a2f293b393f743b28372374373336"><span class="__cf_email__" data-cfemail="c69194948287f1f6f6f796b4a9b6a9b5a7aa86b3b5a7a5a3e8a7b4abbfe8abafaa">[email protected]</span></a>, or call Michele Gomez, Planning and
Policy Division, Headquarters, USACE, Washington, DC at 202-761-7193.
SUPPLEMENTARY INFORMATION:
A. Background on the Annual Report
The Annual Report to Congress on Future Water Resources
Development, prepared pursuant to section 7001 of WRRDA 2014, as
amended (33 U.S.C. 2282d), provides an opportunity for communities to
inform Congress about their interest in a new congressional
authorization--or modifying an existing authorization--for specifically
authorized Civil Works water resources studies, projects, and
environmental infrastructure programs. The Annual Report provides
Congress with a list of potential studies and projects to newly
authorize and a list of existing study, project, and environmental
infrastructure program authorities to modify. Congress generally
authorizes new USACE studies, projects, and environmental
infrastructure programs in an omnibus authorization bill, typically
called the Water Resources Development Act (WRDA).
If a proposal from a non-federal interest for a new study
authorization is included in the Annual Report, it is anticipated that
authorization would be for the study, not for construction. To begin a
water resources feasibility study, USACE must have sufficient study
authority, and funds must be appropriated and made available for the
ederal cost share of the feasibility study. A primary outcome of a
USACE water resources feasibility study is a recommendation for
Congressional authorization to construct a water resources project. For
USACE to proceed to construction, the project must be authorized for
construction by Congress, and funds must be appropriated and made
available for project construction. An overview of USACE Civil Works
water resources study and project processes is found in the document
entitled ``Partnering with the U.S. Army Corps of Engineers: A Guide
for Communities, Local Governments, States, Tribes, and Non-
Governmental Organizations,'' which is available online at <a href="https://planning.erdc.dren.mil/toolbox/library/IWRServer/2019-R-02.pdf">https://planning.erdc.dren.mil/toolbox/library/IWRServer/2019-R-02.pdf</a>.
B. Sources of More Information
1. USACE will host two public virtual information sessions about
the Annual Report and the proposal submission and evaluation process
for the 2025 Annual Report on June 25, 2024, and August 8, 2024.The
Headquarters website (<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>) contains additional information
and frequently asked questions about the Annual Report.
2. The local USACE district office will assist in researching and
identifying existing Congressional authorities for Civil Works water
resources feasibility studies, projects, and environmental
infrastructure programs. Websites for all USACE district offices are
available online at: <a href="https://www.usace.army.mil/Contact/Unit-websites/">https://www.usace.army.mil/Contact/Unit-websites/</a>.
C. Definition of Non-Federal Interest
Proposals for the Annual Report are submitted by non-federal
interests, and each feasibility study or project is conducted in
partnership with a non-federal interest. For the purposes of the Annual
Report, the term ``non-federal interest'' is defined in section 221(b)
of the Flood Control Act of 1970 (Pub. L. 91-611), as amended (42
U.S.C. 1962-5b(b)). The term ``non-federal interest'' means (1) a
legally constituted public body (including an Indian Tribe and a Tribal
organization (as those terms are defined in section 5304 of title 25));
or (2) a nonprofit entity with the consent of the affected local
government, that has full authority and capability to perform the terms
of its agreement and to pay damages, if necessary, in the event of
failure to perform.
D. Proposal Form
The information for proposals from a non-federal interest is
normally entered into a fillable PDF form which can be found at the HQ
Annual Report website and submitted by email to
<a href="/cdn-cgi/l/email-protection#0d5a5f5f494c3a3d3d3c5d7f627d627e6c614d787e6c6e68236c7f607423606461"><span class="__cf_email__" data-cfemail="dd8a8f8f999ceaededec8dafb2adb2aebcb19da8aebcbeb8f3bcafb0a4f3b0b4b1">[email protected]</span></a>. If a different method of submission
is needed, use the contact information in the For Further Information
Contact section of this Notice to arrange an alternative submission
process. Proposals must be submitted by August 30, 2024.
The fillable PDF proposal form requests the following information:
1. Contact information for the individual/agency submitting the
proposal: name, phone number, email.
2. Proposal Name.
3. Project Location (State(s)/Territory).
4. Study or project area map; you'll have the option to upload a
map of the study/project area (preferred format is an 8.5'' x 11''
PDF).
5. Specific project purpose(s) of the proposed study or
modification (USACE mission areas).
6. Project description: demonstrate the proposal is related to
USACE missions and authorities and why additional or new authorization
is needed.
7. State if this proposal is for a new feasibility study, a
modification to a USACE water resources development feasibility study
authority, a modification to a USACE water resources project authority,
or a modification to a USACE environmental infrastructure program
authority.
8. If the proposal is for a modification to an existing authority,
provide the name of the authorized study, project, or environmental
infrastructure program. Cite the authority (e.g., section of WRDA) if
possible.
9. If the proposal is for a modification to an environmental
infrastructure program authority, provide a brief description of the
assistance provided to date and total federal cost of assistance
provided to date.
10. 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.
11. Describe, to the extent applicable and practicable, an estimate
of the anticipated monetary and non-monetary benefits of the proposal
regarding benefits to the protection of human life and property and
improvement to transportation, the national, regional, or local
economy, the environment, or the national security interests of the
United States.
12. Optional: State whether the proposal is expected to benefit
disadvantaged communities, including a description of the disadvantaged
community(ies) and the potential benefits which may accrue as a result
of the proposal. See the Council for Environmental Quality (CEQ)
website for information on (1) categories of burden at the following
location (<a href="https://screeningtool.geoplatform.gov/en/methodology">https://screeningtool.geoplatform.gov/en/methodology</a>), (2) an
economic justice screening tool to help identify disadvantaged
communities (<a href="https://screeningtool.geoplatform.gov">https://screeningtool.geoplatform.gov</a>.)
13. The name of the non-federal interest planning to act as the
sponsor, or all non-federal interests in the case of a modification to
an environmental infrastructure program authority,
[[Page 35820]]
including any non-federal interest that has contributed to or is
expected to contribute toward the non-federal share of the proposed
feasibility study or modification.
14. A statement of support from each associated non-federal
interest. Optional: attach letter(s) of support from interested
stakeholders. Letters may be addressed generically to the U.S. Army
Corps of Engineers, the local Corps District office, or the Assistant
Secretary of the Army of Civil Works office.
15. State if the non-federal interest has the financial ability to
provide for the required cost share.
16. State if there is local support for the proposal and describe
the local support.
A complete list of information requested on the proposal form is
available on the USACE Headquarters Annual Report web page: <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>.
The information provided in a proposal will be posted to the
Headquarters public website for the Annual Report. Therefore, any
information that is Confidential Business Information, information that
should not be disclosed because of statutory restrictions, or any other
information that a non-federal interest would not want to appear
publicly should not be included in the proposal.
E. Evaluation Criteria
All proposals submitted within the time frame set forth in this
notice will be considered for inclusion in the 2025 Annual Report to
Congress on Future Water Resources Development. To be included in the
Annual Report table, the proposals must meet all the following five
criteria established by Congress:
1. The proposal is related to USACE missions and authorities. The
proposal must involve a proposed or existing USACE water resources
project or effort where the primary purpose is flood and/or coastal
storm damage reduction, commercial navigation, aquatic ecosystem
restoration, or municipal or agricultural water supply. Proposals for
recreation or hydropower are eligible for inclusion if undertaken in
conjunction with one of the primary purposes listed in this paragraph.
2. The proposal requires specific Congressional authorization,
including by an Act of Congress.
3. The proposal has not been previously authorized by Congress.
4. The proposal has not been included in the Annual Report table of
any previous Annual Report to Congress on Future Water Resources
Development.
5. The proposal, if authorized, could be carried out by USACE.
The purpose of the five criteria is, primarily, to determine if a
proposal will require Congressional authorization for USACE to
undertake the proposed water resources study or project with the non-
federal interest.
Proposals for modifications to environmental infrastructure
authorities are an exception to the criteria. To be included in the
table within the Annual Report, 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, and it has not been
included in any previous annual report.
Additional information and frequently asked questions on the five
criteria are available on the USACE Headquarters Annual Report web
page: <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>.
F. Contents of the Annual Report
The Annual Report will be transmitted to Congress by the ASA(CW)
and posted to the USACE Headquarters website 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>.
1. The Annual Report will include a certification by the ASA(CW)
stating that each proposal included in the Annual Report meets the five
criteria established by Congress or the requirements for proposed
modifications to environmental infrastructure program authorities.
2. Signed Chief's Reports recommending authorization of a water
resources project will be included in the Annual Report table by the
ASA(CW); these proposals should not be submitted in response to this
notice.
3. Section 902 of WRDA 1986, as amended, (33 U.S.C. 2280)
establishes a maximum authorized cost for water resources projects
(also known as the 902 limit). A post authorization change report is
required to be completed to support potential modifications to the
project authority, including updates to authorized project costs.
Completed post authorization change reports recommending modifications
to the authorization of a water resources project will be included in
the Annual Report table by the ASA(CW); these proposals should not be
submitted in response to this notice.
4. Proposals that do not meet all five criteria established by
Congress or the requirements for proposed modifications to
environmental infrastructure program authorities will be included in an
appendix table included 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
established by Congress.
Michael Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2024-09576 Filed 5-1-24; 8:45 am]
BILLING CODE 3720-58-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 2, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.