Notice2025-22358
Proposed Collection; Comment Request
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
December 9, 2025
Issuing agencies
Defense DepartmentArmy Department
Abstract
In compliance with the Paperwork Reduction Act of 1995, the Corps announces a proposed change to an existing public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed change to the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Full Text
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<title>Federal Register, Volume 90 Issue 234 (Tuesday, December 9, 2025)</title>
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[Federal Register Volume 90, Number 234 (Tuesday, December 9, 2025)]
[Notices]
[Pages 57037-57038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22358]
[[Page 57037]]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2025-HQ-0168]
Proposed Collection; Comment Request
AGENCY: U.S. Army Corps of Engineers (Corps), Department of the Army,
Department of Defense (DoD).
ACTION: 60-Day information collection notice.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
Corps announces a proposed change to an existing public information
collection and seeks public comment on the provisions thereof. Comments
are invited on: whether the proposed change to the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; the accuracy of the agency's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility,
and clarity of the information to be collected; and ways to minimize
the burden of the information collection on respondents, including
through the use of automated collection techniques or other forms of
information technology.
DATES: Consideration will be given to all comments received by February
9, 2026.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
Mail: Department of Defense, Privacy, Civil Liberties, and
Transparency Directorate, Office of the Director of Administration &
Management, 4800 Mark Center Drive, Mailbox #24, Suite 05F16,
Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency
name, docket number and title for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: To request more information on this
proposed information collection or to obtain a copy of the proposal and
associated collection instruments, please write to Headquarters, U.S.
Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000,
ATTN: Mr. Matt Wilson, or call 202-761-5856.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB Number: Jurisdictional
Determination Forms and Aquatic Resources Delineation Forms; ENG Forms
6247 and 6249 (Jurisdictional Determination Forms) as well as ENG Forms
6116 (0-9) and 6250 (Aquatic Resource Delineation Forms); OMB Control
Number 0710-0024.
Needs and Uses: This information collection is currently comprised
of two main categories of forms: Aquatic Resources Delineation Forms
and Jurisdictional Determination Forms.
Aquatic Resource Delineation Forms
The Corps uses two specific types of aquatic resource delineation
forms to determine the location and extent of aquatic resources at a
site: (1) the wetland determination data sheets (ENG 6119 (0-9) series)
and (2) the Ordinary High-Water Mark field identification data sheet
(ENG 6250). While included in this collection, the Corps is not
proposing to modify either of these two types of aquatic resource
delineation forms.
Jurisdictional Determination Forms
The Corps, through its Regulatory Program, regulates certain
activities in ``waters of the United States'' (WOTUS), pursuant to
Section 404 of the Clean Water Act (CWA) (33 United States Code
(U.S.C.) 1344). WOTUS is defined under 33 Code of Federal Regulations
(CFR) Part 328. The Corps also regulates certain activities in
``navigable waters of the United States'' pursuant to Sections 9 and 10
of the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C. 401, et seq.).
``Navigable waters of the United States'' is defined under 33 CFR part
329. The regulations implementing the CWA and RHA introduced the
concept of jurisdictional determinations (JDs) when they '' . . .
authorized its district engineers to issue formal determinations of the
applicability of the [CWA or RHA] to . . . tracts of land.'' 33 CFR
320.1(a)(6). The use of such determinations was not addressed by either
statute, and the regulations make their use discretionary and do not
create a right to a JD. There are two types of JDs: approved JDs (AJDs)
and preliminary JDs (PJDs). Both types of JDs specify what geographic
areas will be treated as subject to regulation by the Corps under one
or both statutes.
This information collection currently implements the collections of
information associated with the Corps' implementation of WOTUS, using
two forms: (1) a PJD Form (ENG 6249), and (2) a ``JD Request Form''
(ENG 6247). The Corps is not proposing to modify either the PJD Form or
the JD Request Form. While not part of this collection, the Corps has
historically used an AJD form to document its basis of an AJD; however,
under the currently operative WOTUS regulatory regimes, the Corps has
elected to use Memorandum for Record instead of an AJD ``form'' to
document the basis of its AJDs.
As of this notice, the agencies are currently implementing ``waters
of the United States'' under two regulatory regimes due to ongoing
litigation: the Amended 2023 Rule, applied in 24 States, the District
of Columbia, and U.S. Territories, and the pre-2015 regulatory regime
consistent with the Supreme Court's Sackett decision, applied in the
remaining 26 States. The Amended 2023 Rule refers to the agencies'
final rule ``Revised Definition of `Waters of the United States';
Conforming'' (88 FR 61964, September 8, 2023), while the pre-2015
regime refers to the agencies' pre-2015 regulations defining ``waters
of the United States,'' implemented consistent with the Supreme Court's
Sackett decision, relevant case law, and longstanding practice, as
informed by applicable guidance, training, and experience.
On November 20, 2025, the U.S. Environmental Protection Agency
(EPA) and Department of the Army (the agencies) issued a proposed rule
to revise the regulations defining the scope of waters federally
covered under the CWA, in light of the U.S. Supreme Court's 2023
decision in Sackett v. Environmental Protection Agency (see 90 FR 52498
and Docket ID No. EPA-HQ-OW-2025-0322). As noted in the proposed rule,
the agencies' rulemaking does not impose an information collection
burden under the Paperwork Reduction Act (PRA) because it does not
contain any information collection activities. However, once finalized,
it may change terms and concepts used by the agencies to implement
certain programs under the CWA. Consequently, the proposed rule notes
that the agencies thus may need to revise some of their collections of
information to be consistent with the proposed rule and will do so
consistent with the PRA and implementing regulations.
As previously mentioned, the Corps is currently using Memorandum
for Record instead of an AJD ``form'' to document the basis of its AJDs
under the currently operative WOTUS regulatory regimes. In the event
that the agencies issue a new final rule defining WOTUS, the Corps
intends to transition
[[Page 57038]]
back to the use of a designated AJD form to facilitate efficient and
consistent documentation of the basis of its AJDs, consistent with
implementation under prior WOTUS regimes.
Because the Corps intends to utilize the new AJD form upon the
effective date of the anticipated final WOTUS rule, the Corps is
publishing this information collection notice to make the public aware
of the proposed change to the approved information collection in
accordance with the PRA. This proposed change to the Corps existing
collection is independent of the agencies' ongoing rulemaking to revise
the definition of WOTUS, and therefore comments on that rulemaking
should not be submitted in response to this notice and instead should
be submitted to the agencies' separate docket for that rulemaking
action (WOTUS Docket ID No. EPA-HQ-OW-2025-0322). It should also be
noted that while the agencies anticipate a reduction in the number of
respondents who make use of the AJD forms in this collection due to
less demand for AJDs and clearer regulatory language associated with
the anticipated final WOTUS rule, the specific requirements of any new
final rule defining WOTUS will not be known until such time as the
final rule is published in the Federal Register. Therefore, the Corps
is not able to provide a copy of its proposed AJD Form at this time for
comment. However, the structure, function, and format of any new AJD
Form would be similar to the most recent AJD Form that the Corps
developed, Form ENG 6281 (2023 Rule--Approved Jurisdictional
Determination (Interim)), which the Corps used to implement the
``Revised Definition of `Waters of the United States,' '' 88 FR 3004
(January 18, 2023) (``2023 Rule''). The ENG 6281 is being included for
historic purposes and as a basis for comment on this information
collection request.
Affected Public: Individuals or households.
Request for Corps Jurisdictional Determination (ENG 6247)
Annual Burden Hours: 2,815.
Number of Respondents: 16,891.
Responses per Respondent: 1.
Annual Responses: 16,891.
Average Burden per Response: 10 minutes.
Approved Jurisdictional Determination Form (To Be Developed)
Annual Burden Hours: 13,687.5.
Number of Respondents: 5,475.
Responses per Respondent: 1.
Annual Responses: 5,475.
Average Burden per Response: 2.5 hours.
Preliminary JD Form (ENG 6249)
Annual Burden Hours: 625.
Number of Respondents: 1,500.
Responses per Respondent: 1.
Annual Responses: 1,500.
Average Burden per Response: 25 minutes.
Ordinary High Water Mark Data Sheet (ENG 6250)
Annual Burden Hours: 19,990.
Number of Respondents: 39,980.
Responses per Respondent: 1.
Annual Responses: 39,980.
Average Burden per Response: 30 minutes.
Wetland Determination Data Sheets (ENG 6116 (0-9))
Annual Burden Hours: 48,692.
Number of Respondents: 48,692.
Responses per Respondent: 2.
Annual Responses: 97,384.
Average Burden per Response: 30 minutes.
Total
Annual Burden Hours: 85,810.
Number of Respondents: 112,538.
Annual Responses: 161,230.
Frequency: On Occasion.
Dated: December 5, 2025.
Stephanie J. Bost,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2025-22358 Filed 12-8-25; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on December 9, 2025.
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