Department of the Army, Corps of Engineers – Federal Register Recent Federal Regulation Documents

USACE announces final agency action on the USACE authorization for the proposed construction and maintenance of the Coastal Virginia Offshore Wind (CVOW) Commercial Project offshore Virginia. USACE has issued a permit authorizing the construction and maintenance of the CVOW Project under sections 10 and 14 of the Rivers and Harbors Act of 1899 (RHA) and section 404 of the Clean Water Act (CWA). The CVOW Project is a "covered project" under Title 41 of the Fixing America's Surface Transportation Act.

USACE announces final agency action on the USACE authorization for the proposed construction and maintenance of the South Fork Wind project offshore New York and Rhode Island. USACE has issued a permit authorizing the construction and maintenance of the South Fork Wind project under section 10 of the Rivers and Harbors Act of 1899 (RHA), section 404 of the Clean Water Act (CWA). The South Fork Wind project is a "covered project" under Title 41 of the Fixing America's Surface Transportation Act.

The U.S. Army Corps of Engineers, Sacramento District (Corps) is withdrawing its notice of intent (NOI) to prepare an environmental impact statement (EIS) for the River Islands Project in San Joaquin County, California.

The U.S. Army Corps of Engineers (Corps) is amending its regulations to modify an existing permanent restricted area within waters along the shoreline of the Military Ocean Terminal Concord (MOTCO), on the south shore of Suisun Bay, north of the City of Concord, Contra Costa County, California. The amendment was requested by U.S. Army Military Surface Deployment and Distribution Command (SDDC) to expand the boundaries of the MOTCO restricted area in order to provide an adequate security buffer for MOTCO shoreline infrastructure and operational needs.

USACE announces final agency action on the USACE authorization for the proposed construction and maintenance of the Revolution Wind Farm and Revolution Wind Offshore Export Cable Project (the Revolution Wind Project) offshore Rhode Island. USACE has issued a permit authorizing the construction and maintenance of the Revolution Wind Project under section 10 of the Rivers and Harbors Act of 1899 (RHA) and section 404 of the Clean Water Act (CWA). The Revolution Wind Project is a ``covered project'' under title 41 of the Fixing America's Surface Transportation Act.

The Department of the Army is publishing this notice to announce the Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's website at https://www.iwr.usace.army.mil/ Missions/Navigation/Inland-Waterways-Users-Board/.

This proposed rule establishes Agency Specific Procedures (ASPs) for the Corps' implementation of the Principles, Requirements, and Guidelines for water resources investments. It provides a framework to govern how the Corps would evaluate proposed water resource investments, including identification of which Corps programs and activities are subject to the Principles, Requirements, and Guidelines. The Corps is proposing this rule in response to congressional direction provided in authorizing language in the Water Resources Development Act of 2020.

To demonstrate the greatest possible consistency between the procedures used by the U.S. Army Corps of Engineers (Corps) Regulatory Program to comply with the National Historic Preservation Act (NHPA) and its implementing regulations, ``Protection of Historic Properties'' when processing permit applications, the Corps is proposing to amend its Regulatory Program's permitting regulations. The Corps will instead follow the NHPA's implementing regulations, developed and interpreted by the Advisory Council on Historic Preservation (ACHP), relying on the flexibility in those regulations for Federal agency compliance with the steps of review. The Corps will take into account, among other factors, the degree and scope of the Federal involvement in the undertaking and the relationship of Federal actions to the overall proposed activities. Further, the Corps is also proposing to make conforming changes to its nationwide permit program regulations to eliminate references in the regulations.

The U.S. Army Corps of Engineers, Baltimore District (Corps), has received an application for a Department of the Army (DA) permit (Corps number NAB-2023-61200) for the Sparrows Point Container Terminal project from Tradepoint TiL Terminal, LLC, a joint venture between Tradepoint Atlantic and Terminal Investments Limited to construct a new container terminal in the Port of Baltimore. The Corps, as the lead agency under the National Environmental Policy Act (NEPA), has determined the proposed project may significantly affect the quality of the human environment and intends to prepare an environmental impact statement (EIS). The Corps action will be to issue, issue with modifications, or deny a DA permit for the proposed project. The EIS will assess the potential social, economic, and environmental impacts of the proposed project. The Corps is requesting public/agency comments regarding the scope of the EIS and issues that should be evaluated in the document.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, the U.S. Army Corps of Engineers, Galveston District (USACE) intends to prepare an Environmental Impact Statement (EIS) for the Cedar Port Navigation and Improvement District Channel Deepening Project. The EIS would be prepared in association with a feasibility report prepared by a Non- Federal Interest (NFI)the Cedar Port Navigation and Improvement District (CPNID) under authority granted by section 203 of WRDA 1986. The study will identify and evaluate the feasibility of providing a deep-water connection between the Houston Ship Channel (HSC) and a planned future deepwater terminal facility at Cedar Port Industrial Park while enhancing efficient, safe, and reliable navigation in the Cedar Bayou Navigation Channel and HSC to existing stakeholder terminals. This notice announces the USACE's intent to determine the scope of the issues to be addressed and identify the significant environmental issues related to the proposed action.

The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are amending the Code of Federal Regulations (CFR) to conform the definition of ``waters of the United States'' to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies' definition of ``waters of the United States'' that are invalid under the Supreme Court's interpretation of the Clean Water Act in the 2023 decision.

The Corps of Engineers published a document in the Federal Register of August 11, 2023, concerning a time extension for a 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. The document contained an incorrect date.

The Galveston District, U.S. Army Corps of Engineers (USACE) intends to prepare a Draft Supplemental Environmental Impact Statement (SEIS) for the Matagorda Ship Channel Improvement Project consistent with the National Environmental Policy Act of 1969 (NEPA). While a Record of Decision (ROD) for this project was signed on April 22, 2020, during the pre-construction engineering and design (PED) phase, USACE identified a discrepancy between its current calculations on the quantity of material to be dredged from the Matagorda Ship Channel and the quantity reflected in the ROD. Due to the discrepancy, USACE will prepare a SEIS to document and disclose the impacts of substantial changes to the proposed action and new information that are relevant to environmental concerns. By publication of this NOI, USACE is extending the scoping period and accepting comments due to a previously published incorrect email address.

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.

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.

The Galveston District, U.S. Army Corps of Engineers (USACE) intends to prepare a Draft Supplemental Environmental Impact Statement (SEIS) for the Matagorda Ship Channel Improvement Project consistent with the National Environmental Policy Act of 1969 (NEPA). On April 22, 2020, the Record of Decision (ROD) was signed for the Matagorda Ship Channel Improvement Project (MSCIP), Calhoun and Matagorda Counties, TX Final Integrated Feasibility Report and Environmental Impact Statement (IFR-EIS). During the pre-construction engineering and design (PED) phase, the USACE identified a discrepancy between its PED calculations concerning the quantity of material to be dredged from the Matagorda Ship Channel and the quantity of such material that was evaluated in the IFR-EIS. Due to the discrepancy, the USACE determined a SEIS would be prepared, and the ROD dated April 22, 2020, was withdrawn for further consideration of findings in the SEIS. In accordance with the Council on Environmental Quality regulations, the USACE will prepare a SEIS to document and disclose the impacts of substantial changes to the proposed action and new information that are relevant to environmental concerns. This notice also announces the USACE intent to seek public input on the scope of the SEIS, information, or topics to be addressed, and public concerns surrounding the proposed action.

The Department of the Army is publishing this notice to request nominations to serve as representatives on the Inland Waterways Users Board (``the Board''), sponsored by the U.S. Army Corps of Engineers. The Board provides independent advice and recommendations to the Secretary of the Army and the Congress. The Secretary of the Army recommends its 11 (eleven) representative organizations to the Secretary of Defense for approval. This notice is to solicit nominations for seven (7) appointments or more for terms that will begin by January 31, 2024. For additional information about the Board, please visit the committee's website at https://www.iwr.usace.army.mil/ Missions/Navigation/Inland-Waterways-Users-Board/.

The Jacksonville District, U.S. Army Corps of Engineers (Corps) intends to prepare a National Environmental Policy Act (NEPA) assessment for the North of Lake Okeechobee Storage Reservoir Section 203 Study that is being conducted by the Non-Federal Interest, the SFWMD. The SFWMD is beginning preparation of a feasibility study pursuant to section 203 of the Water Resources Development Act (WRDA) of 1986, as amended, for submission to the Assistant Secretary of the Army for Civil Works (ASA(CW)). The Corps intends to support the ASA(CW) review of the SFWMD's study by preparing a NEPA assessment concurrent with the SFWMD feasibility study and prior to the ASA(CW)'s review. The SFWMD Section 203 feasibility study will be for Component A, a 200,000 acre-foot above ground storage reservoir to capture water from the Kissimmee River prior to it flowing into Lake Okeechobee, to pull water in from Lake Okeechobee during high water levels, and to take in basin flows. The purpose of the study is to document anticipated improvements to the quantity, timing, and distribution of water flows to help manage lake levels and improve lake ecology by detaining water during wet periods for later use in the dry periods and to enhance water supply reliability to realize the benefits envisioned in the Comprehensive Everglades Restoration Plan (CERP). The purpose of the associated NEPA is to complete the Federal compliance requirements related to the Section 203 study for use by the Non-Federal Interest in completing the Section 203 Report.

This final rule removes the U.S. Army Corps of Engineers' part titled, ``Corps of Engineers, Research and Development, Laboratory Research and Development and Tests, Work for Others.'' This part is redundant with existing internal agency guidance and otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the Code of Federal Regulations (CFR).

The U.S. Army Corps of Engineers, Pittsburgh District, is extending the public comment period for the Notice of Intent (NOI) to Prepare a General Reevaluation Report/Supplemental Environmental Impact Statement for the Ala Wai Canal Flood Risk Management Study, Honolulu, HI. The NOI was published in the Federal Register on Wednesday, February 22, 2023. The public comment period for the NOI was originally scheduled to end on Friday, March 24, 2023. The U.S. Army Corps of Engineers is extending the public comment period by 45 days and will consider comments received through Monday, May 8, 2023.

The U.S. Army Corps of Engineers, Sacramento District (USACE), intends to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for the proposed Project. The Project is proposed due to the planned expansion of the Bingham Canyon Mine (Mine), a commercial open pit copper mining operation near Magna, Salt Lake County, Utah. Kennecott Utah Copper LLC (Applicant) has applied for a Department of the Army (DA) permit for discharges of dredged or fill materials into 44.86 acres of waters of United States, including wetlands, to construct the Project. This notice opens the public scoping phase and invites interested parties to identify issues and reasonable alternatives to the proposed action that should be considered in the EIS.

The Department of the Army is publishing this notice to announce the Federal Advisory Committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's website at https://www.iwr.usace.army.mil/ Missions/Navigation/Inland-Waterways-Users-Board/.

The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army (DA) authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of North Topsail Beach to construct a terminal groin and its associated oceanfront fillet placement along approximately 2,000 linear feet of oceanfront shoreline. Additionally, the installation of the terminal groin will be conjunction with the existing May 27, 2011, DA authorization that permitted the Town to relocate the New River Inlet ebb tide channel, conduct maintenance events within the channel, and perform a phased beach nourishment along approximately 11 miles of oceanfront shoreline. The DA authorization for the maintenance operation expires on December 31, 2041. The main purpose of adding the terminal groin is to provide additional shoreline protection of the Town's infrastructure, specifically along the northeastern end of island.