Policy and Procedural Guidance for Processing Requests To Alter US Army Corps of Engineers Civil Works Projects, 46486 [2018-19926]
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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices
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daltland on DSKBBV9HB2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
19:20 Sep 12, 2018
Jkt 244001
Dated: September 7, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2018–19892 Filed 9–12–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Policy and Procedural Guidance for
Processing Requests To Alter US
Army Corps of Engineers Civil Works
Projects
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Notice.
The US Army Corps of
Engineers (USACE) has issued Engineer
Circular (EC) 1165–2–220, Policy and
Procedural Guidance for Processing
Requests to Alter US Army Corps of
Engineers Civil Works Projects Pursuant
to Section 408. This agency policy
document provides the policies and
procedures related to how USACE will
process certain requests by others to
alter a USACE Civil Works project
under Section 14 of the Rivers and
Harbors Act of 1899 (more commonly
referred to as Section 408). The draft
version of this EC was made available
for public comment from February 5,
2018 to April 6, 2018. USACE reviewed
and considered all comments received,
and revised the EC to reflect those
comments to the maximum extent
possible. The final EC is available on the
USACE publications website (https://
www.publications.usace.army.mil/) and
via hyperlink on the USACE Section
408 website (https://
www.usace.army.mil/Missions/CivilWorks/Section408/). The EC is effective
beginning September 10, 2018.
DATES: The EC is applicable beginning
September 10, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Tammy Conforti at 202–761–4649,
email HQ-Section408@usace.army.mil,
or visit https://www.usace.army.mil/
Missions/Civil-Works/Section408/.
SUPPLEMENTARY INFORMATION: Section 14
of the Rivers and Harbors Act of 1899,
as amended, and codified in 33 U.S.C.
408 (Section 408) provides that the
Secretary of the Army may, upon the
recommendation of the Chief of
Engineers, grant permission to other
entities for the permanent or temporary
alteration or use of any USACE Civil
Works project. This requires a
determination by the Secretary that the
requested alteration will not be
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 9990
injurious to the public interest and will
not impair the usefulness of the USACE
project.
The draft version of this EC was made
available for public comment from
February 5, 2018 to April 6, 2018 (see
83 FR 5075). The comments received on
the draft EC are posted at
www.regulations.gov in docket number
COE–2018–0003.
USACE published Engineer Circular
(EC) 1165–2–220, Policy and Procedural
Guidance for Processing Requests to
Alter US Army Corps of Engineers Civil
Works Projects Pursuant to 33 U.S.C.
408, to update processes related to how
USACE will review certain requests by
others to alter a USACE Civil Works
project. For example, other entities may
want to alter a Civil Works project to
increase recreational opportunities;
improve flood risk management; or
construct a road, transmission line, or
pipeline. The purpose of the Section
408 review is to ensure that the
Congressionally-authorized purpose and
benefits of the Civil Works project are
protected and maintained (e.g., flood
risk management, navigation, coastal
storm damage reduction) and to ensure
that what is being proposed is not
injurious to the public interest. An
effective and efficient review of
proposed alterations to Civil Works
projects protects taxpayer investments
in water resources infrastructure, while
ensuring compatibility with new
infrastructure or improvements.
Process improvements include greater
delegation of decisions; introduction of
a multi-phased review option for
incremental reviews; timelines for
written notifications; and procedures to
better align and integrate Section 408
with certain reviews conducted by
USACE’s Regulatory Program. Note, the
Section 408 database described in the
EC is undergoing testing and will not be
available for use by USACE until late
calendar year 2018.
EC 1165–2–220 expires two years
from issuance, which provides USACE
time consider implementation
experience to identify any necessary
clarifications or changes. After two
years, EC 1165–2–220 will either be
revised, rescinded, or converted to an
Engineer Regulation, which does not
expire. Feedback on implementation of
EC 1165–2–220 may be sent to HQSection408@usace.army.mil.
Dated: September 5, 2018.
James C. Dalton,
Director of Civil Works.
[FR Doc. 2018–19926 Filed 9–12–18; 8:45 am]
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Agencies
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Page 46486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19926]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Policy and Procedural Guidance for Processing Requests To Alter
US Army Corps of Engineers Civil Works Projects
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The US Army Corps of Engineers (USACE) has issued Engineer
Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing
Requests to Alter US Army Corps of Engineers Civil Works Projects
Pursuant to Section 408. This agency policy document provides the
policies and procedures related to how USACE will process certain
requests by others to alter a USACE Civil Works project under Section
14 of the Rivers and Harbors Act of 1899 (more commonly referred to as
Section 408). The draft version of this EC was made available for
public comment from February 5, 2018 to April 6, 2018. USACE reviewed
and considered all comments received, and revised the EC to reflect
those comments to the maximum extent possible. The final EC is
available on the USACE publications website (https://www.publications.usace.army.mil/) and via hyperlink on the USACE
Section 408 website (https://www.usace.army.mil/Missions/Civil-Works/Section408/). The EC is effective beginning September 10, 2018.
DATES: The EC is applicable beginning September 10, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Tammy Conforti at 202-761-4649,
email [email protected], or visit https://www.usace.army.mil/Missions/Civil-Works/Section408/.
SUPPLEMENTARY INFORMATION: Section 14 of the Rivers and Harbors Act of
1899, as amended, and codified in 33 U.S.C. 408 (Section 408) provides
that the Secretary of the Army may, upon the recommendation of the
Chief of Engineers, grant permission to other entities for the
permanent or temporary alteration or use of any USACE Civil Works
project. This requires a determination by the Secretary that the
requested alteration will not be injurious to the public interest and
will not impair the usefulness of the USACE project.
The draft version of this EC was made available for public comment
from February 5, 2018 to April 6, 2018 (see 83 FR 5075). The comments
received on the draft EC are posted at www.regulations.gov in docket
number COE-2018-0003.
USACE published Engineer Circular (EC) 1165-2-220, Policy and
Procedural Guidance for Processing Requests to Alter US Army Corps of
Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, to update
processes related to how USACE will review certain requests by others
to alter a USACE Civil Works project. For example, other entities may
want to alter a Civil Works project to increase recreational
opportunities; improve flood risk management; or construct a road,
transmission line, or pipeline. The purpose of the Section 408 review
is to ensure that the Congressionally-authorized purpose and benefits
of the Civil Works project are protected and maintained (e.g., flood
risk management, navigation, coastal storm damage reduction) and to
ensure that what is being proposed is not injurious to the public
interest. An effective and efficient review of proposed alterations to
Civil Works projects protects taxpayer investments in water resources
infrastructure, while ensuring compatibility with new infrastructure or
improvements.
Process improvements include greater delegation of decisions;
introduction of a multi-phased review option for incremental reviews;
timelines for written notifications; and procedures to better align and
integrate Section 408 with certain reviews conducted by USACE's
Regulatory Program. Note, the Section 408 database described in the EC
is undergoing testing and will not be available for use by USACE until
late calendar year 2018.
EC 1165-2-220 expires two years from issuance, which provides USACE
time consider implementation experience to identify any necessary
clarifications or changes. After two years, EC 1165-2-220 will either
be revised, rescinded, or converted to an Engineer Regulation, which
does not expire. Feedback on implementation of EC 1165-2-220 may be
sent to [email protected].
Dated: September 5, 2018.
James C. Dalton,
Director of Civil Works.
[FR Doc. 2018-19926 Filed 9-12-18; 8:45 am]
BILLING CODE 3720-58-P