Rule2025-13251

Procedures for Implementing NEPA; Processing of Department of the Army Permits

Primary source

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Published
July 15, 2025
Effective
July 15, 2025

Issuing agencies

Defense DepartmentEngineers Corps

Abstract

The Army is issuing this document to correct the interim final rule published on July 3, 2025. That document inadvertently provided inaccurate instruction with regard to paragraph (a) of Sec. 325.2. This document corrects the interim final rule.

Full Text

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<title>Federal Register, Volume 90 Issue 133 (Tuesday, July 15, 2025)</title>
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[Federal Register Volume 90, Number 133 (Tuesday, July 15, 2025)]
[Rules and Regulations]
[Page 31593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13251]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 325

[Docket ID: COE-2025-0006]
RIN 0710-AB20


Procedures for Implementing NEPA; Processing of Department of the 
Army Permits

AGENCY: Army Corps of Engineers, Department of Defense (DoD).

ACTION: Correcting amendment.

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SUMMARY: The Army is issuing this document to correct the interim final 
rule published on July 3, 2025. That document inadvertently provided 
inaccurate instruction with regard to paragraph (a) of Sec.  325.2. 
This document corrects the interim final rule.

DATES: Effective on July 15, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Milt Boyd, telephone: 703-459-
6026, Email: <a href="/cdn-cgi/l/email-protection#db989e938af6959e8b9a9baea8bab8bef5baa9b6a2f5b6b2b7"><span class="__cf_email__" data-cfemail="fab9bfb2abd7b4bfaabbba8f899b999fd49b889783d4979396">[email&#160;protected]</span></a>. Include the docket number, COE-
2025-0006, in the subject line of the message.

SUPPLEMENTARY INFORMATION: On July 3, 2025, the Army published an 
interim final rule that removed the U.S. Army Corps of Engineers 
(Corps) National Environmental Policy Act (NEPA) implementing 
regulations, used for evaluating permit applications, which were 
promulgated to supplement now-rescinded Council on Environmental 
Quality (CEQ) regulations, and replaced them with a new regulation that 
also addresses requests for permission under Section 14 of the Rivers 
and Harbors Act of 1899. Further, the Army also made conforming changes 
to its regulations to eliminate references to Appendix B and other NEPA 
implementation regulations. In addition, this interim final rule 
requested comments on this action and related matters to inform Army's 
decision making by August 4, 2025, and stated that the Army may make 
further revisions to its NEPA implementing procedures if the Army's 
review of any comments submitted suggests that further revisions are 
warranted.
    Shortly after publication, the Office of the Federal Register 
indicated that inaccurate instruction was provided in the interim final 
rule with regard to paragraph (a) of Sec.  325.2. This document serves 
to correct the interim final rule.

List of Subjects in 33 CFR Part 325

    Administrative practice and procedure, Dams, Environmental 
protection, Intergovernmental relations, Navigation, Water pollution 
control, Waterways.

    Accordingly, 33 CFR part 325 is corrected by making the following 
correcting amendment:

PART 325--PROCESSING OF DEPARTMENT OF THE ARMY PERMITS

0
1. The authority citation for part 325 continues to read as follows:

    Authority:  5 U.S.C. 301; 33 U.S.C. 401 et seq.: 33 U.S.C. 1344; 
33 U.S.C. 1413.


0
2. Amend Sec.  325.2 by revising paragraph (a)(4) to read as follows:


Sec.  325.2  Processing of applications.

* * * * *
    (a) * * *
    (4) The district engineer will follow 33 CFR part 333 for 
environmental procedures and documentation required by the National 
Environmental Policy Act of 1969, as amended. A decision on a permit 
application will require either an environmental assessment or an 
environmental impact statement unless it is included within a 
categorical exclusion.
* * * * *

    Approved by:
D. Lee Forsgren,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2025-13251 Filed 7-14-25; 8:45 am]
BILLING CODE 3720-58-P


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Indexed from Federal Register on July 15, 2025.

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