Proposals by Non-Federal Interests, for Feasibility Studies, Proposed Modifications to Authorized Water Resources Development Projects and Feasibility Studies, and Proposed Modifications for an Environmental Infrastructure Program for Inclusion in the Annual Report to Congress on Future Water Resources Development, 22943-22945 [2021-09042]

Download as PDF Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices commenter listed tasks that are typically performed by COCESS employees, as well as unusual tasks that may be required, which the commenter says cannot be performed by people who are blind. The commenter stated that the Commission’s suitability criteria are not met, because there is potential impact the commenter’s firm if the Commission decides to add additional COCESS operations to the Procurement List. The Commission has carefully considered each of its regulatory suitability criteria and found that they are established through the factual documentation supporting this proposed addition. There is employment potential for individuals who are blind or visually impaired. There is a qualified and capable nonprofit agency to perform the work. The Commission reviewed the specific Statement of Work for this requirement and found it to be very similar to retail operations already performed by the proposed nonprofit agency on similar military installations. The responsible Contracting Activity performed a capability survey and documented its finding that the proposed nonprofit agency is capable of performing this service. In accordance with the Commission’s regulation at 41 CFR 51–2.4(e), the commenter is not considered to be impacted by the proposed action because the commenter is not the current contractor for the requirement. In summary, all regulatory criteria are met and are documented in the administrative record to support the Commission’s decision that this work is suitable and is approved for addition to the Procurement List. jbell on DSKJLSW7X2PROD with NOTICES Service Type: Administrative and HR Support Service Mandatory for: Military Sealift Command (MSC), MSC-Norfolk, Norfolk, VA Designated Source of Supply: VersAbility Resources, Inc., Hampton, VA Contracting Activity: DEPT OF THE NAVY, MSC NORFOLK The Committee finds good cause to dispense with the 30-day delay in the effective date normally required by the Administrative Procedure Act. See 5 U.S.C. 553(d). This addition to the Committee’s Procurement List is effectuated because of the expiration of the Department of the Navy, MSC Norfolk, Administrative and HR Support Service, contract. The Federal customer contacted, and has worked diligently with the AbilityOne Program to fulfill this service need under the AbilityOne Program. To avoid performance disruption, and the possibility that the Department of the Navy, MSC Norfolk will refer its VerDate Sep<11>2014 19:58 Apr 29, 2021 Jkt 253001 business elsewhere, this addition must be effective on May 16, 2021, ensuring timely execution for a May 17, 2021, start date while still allowing 16 days for comment. The Committee also published a notice of proposed Procurement List addition in the Federal Register on March 5, 2021, and did not receive any comments from any interested persons, including from the incumbent contractor. This addition will not create a public hardship and has limited effect on the public at large, but, rather, will create new jobs for other affected parties—people with significant disabilities in the AbilityOne program who otherwise face challenges locating employment. Moreover, this addition will enable Federal customer operations to continue without interruption. Deletions On 3/26/2021, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletions from the Procurement List. This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. After consideration of the relevant matter presented, the Committee has determined that the product(s) and service(s) listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 and 41 CFR 51–2.4. 22943 the Blind, Inc., Greensboro, NC Contracting Activity: Military Resale-Defense Commissary Agency, NSN(s)—Product Name(s): MR 1172—Sweeper Set, Wet and Dry MR 1174—Refill, Sweeper Set, Dry Cloths, 30 Count Designated Source of Supply: LC Industries, Inc., Durham, NC Contracting Activity: Military Resale-Defense Commissary Agency NSN(s)—Product Name(s): MR 804—Grill Basket MR 889—Ergo Garlic Press Designated Source of Supply: Cincinnati Association for the Blind, Cincinnati, OH Contracting Activity: Military Resale-Defense Commissary Agency Service(s) Service Type: Transcription Services Mandatory for: Equal Employment Office: Federal Bureau of Prisons, Washington, DC Designated Source of Supply: Lighthouse for the Blind of Houston, Houston, TX Contracting Activity: FEDERAL PRISON SYSTEM, CENTRAL OFFICE Service Type: Preservation and Packaging Mandatory for: New Cumberland Army Depot, New Cumberland, PA Designated Source of Supply: ForSight Vision, York, PA Contracting Activity: DEFENSE LOGISTICS AGENCY, DLA SUPPORT SERVICES— DSS Michael R. Jurkowski, Deputy Director, Business & PL Operations. [FR Doc. 2021–09088 Filed 4–29–21; 8:45 am] BILLING CODE 6353–01–P Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the product(s) and service(s) to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the product(s) and service(s) deleted from the Procurement List. End of Certification Accordingly, the following product(s) and service(s) are deleted from the Procurement List: Product(s) NSN(s)—Product Name(s): MR 858—Extra Life Designated Source of Supply: Industries of PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE Engineers Corps Proposals by Non-Federal Interests, for Feasibility Studies, Proposed Modifications to Authorized Water Resources Development Projects and Feasibility Studies, and Proposed Modifications for an Environmental Infrastructure Program for Inclusion in the Annual Report to Congress on Future Water Resources Development U.S. Army Corps of Engineers (USACE), DoD. ACTION: Notice. AGENCY: The Water Resources Reform and Development Act (WRRDA) 2014, as amended, requires the Secretary of the Army annually submit to the Congress a report (Annual Report) that identifies feasibility reports, proposed feasibility studies submitted by nonFederal interests, proposed modifications to authorized water resources development projects or feasibility studies, and proposed modifications to environmental SUMMARY: E:\FR\FM\30APN1.SGM 30APN1 jbell on DSKJLSW7X2PROD with NOTICES 22944 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices infrastructure program authorities that meet certain criteria. The Annual Report is to be based, in part, upon requests for proposals submitted by non-Federal interests. DATES: Proposals must be submitted online by August 30, 2021. ADDRESSES: Submit proposals online at: https://www.usace.army.mil/Missions/ Civil-Works/Project-Planning/WRRDA7001-Proposals/. If a different method of submission is required, use the further information below to arrange an alternative submission process. FOR FURTHER INFORMATION CONTACT: Send an email to the help desk at WRRDA7001Proposal@usace.army.mil or call Stuart McLean, Planning and Policy Division, Headquarters, USACE, Washington, DC at 202–761–4931. SUPPLEMENTARY INFORMATION: Section 7001 of WRRDA 2014 (33 U.S.C. 2282d), as amended, requires the publication of a notice in the Federal Register annually to request proposals by nonFederal interests for feasibility studies, modifications to authorized USACE water resources development projects or feasibility studies, and modifications to environmental infrastructure program authorities. Project feasibility reports that have signed Chief’s Reports, but have not been authorized will be included in the Annual Report table by the Secretary of the Army and these proposals do not need to be submitted in response to this notice. Proposals by non-Federal interests must be entered online and require the following information: 1. The name of the non-Federal interest, or all non-Federal interests in the case of a modification to an environmental infrastructure program authority, including any non-Federal interest that has contributed to or is expected to contribute toward the nonFederal share of the proposed feasibility study, project modification or environmental infrastructure program. 2. State if this proposal is for authorization of a feasibility study, a modification to an authorized USACE water resources development project, a modification to an authorized USACE water resources feasibility study, or a modification to a USACE environmental infrastructure program authority. If a modification of an existing authority, specify the authorized water resources development project, study, or environmental infrastructure program authority that is proposed for modification. 3. State the specific project purpose(s) of the proposed study or modification. 4. Provide an estimate, to the extent practicable, of the total cost, and the VerDate Sep<11>2014 19:58 Apr 29, 2021 Jkt 253001 Federal and non-Federal share of those costs, of the proposed study and, separately, an estimate of the cost of construction or modification. 5. Describe, to the extent applicable and practicable, an estimate of the anticipated monetary and non-monetary benefits of the proposal with regard to benefits to the protection of human life and property; improvement to transportation; the national, regional, or local economy; the environment; or the national security interests of the United States. 6. Proposals for modifications to environmental infrastructure program authorities must also include a description of assistance provided to date and the total Federal cost of assistance provided to date. 7. State if the non-Federal interest has the financial ability to provide the required cost share, reference Engineer Regulation 1105– 2–100, Planning Guidance Notebook. 8. Describe if local support exists for the proposal. 9. Upload a letter or statement of support for the proposal from each associated non-Federal interest. All provided information may be included in the Annual Report to Congress on Future Water Resources Development. Therefore, information that is Confidential Business Information, information that should not be disclosed because of statutory restrictions, or other information that a non-Federal interest would not want to appear in the Annual Report should not be included. Process: Proposals received within the time frame set forth in this notice will be reviewed by the Army and will be presented in one of two tables. The first table will be in the Annual Report itself, and the second table will be in an appendix. To be included in the Annual Report table, the proposals must meet the following five criteria: 1. Are related to the missions and authorities of the USACE; involve a proposed or existing USACE water resources project or effort whose primary purpose is flood and storm damage reduction, commercial navigation, or aquatic ecosystem restoration, municipal or agricultural water supply. Following long-standing USACE practice, related proposals such as for recreation, hydropower, are eligible for inclusion if undertaken in conjunction with such a project or effort. 2. Require specific congressional authorization, including by an Act of Congress: a. Requires Construction Authorization: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 • Feasibility reports that have successfully passed the Tentatively Selected Plan Milestone in the USACE plan formulation process; • Non-Federal feasibility reports submitted to the Secretary of the Army under Section 203 of WRDA 1986, as amended, under Administration review; • Proposed modifications to authorized water resources development projects requested by non-Federal interests. • Note: reports that have signed Chief’s Reports, but have not been authorized, will be included in the Annual Report table and these proposals do not need to be submitted in response to this notice. b. Seeking Study Authorization: • New feasibility studies proposed by non-Federal interests through the Section 7001 of WRRDA 2014 process will be evaluated by the USACE to determine whether or not there is existing study authority, and • Proposed modifications to studies requested by non Federal interests through the Section 7001 of WRRDA 2014 process will be evaluated by the USACE to determine whether or not there is existing study authority. c. The following cases are NOT ELIGIBLE to be included in the Annual Report and will be included in the appendix for transparency: • Proposals for modifications to nonFederal projects under program authorities where USACE has provided previous technical assistance. Authorization to provide technical assistance does not provide authorization of a water resources development project. • Proposals for construction of a new water resources development project that is not the subject of a currently authorized USACE project or a complete or ongoing feasibility study. • Proposals that do not include a request for a potential future water resources development project through completed feasibility reports, proposed feasibility studies, and proposed modifications to authorized projects or studies. 3. Have not been congressionally authorized; 4. Have not been included in the Annual Report table of any previous Annual Report to Congress on Future Water Resources Development; and • If the proposal was included in the Annual Report table in a previous Report to Congress on Future Water Resources Development, then the proposal is not eligible to be included in the Annual Report table. If a proposal was previously included in an appendix it may be re-submitted. E:\FR\FM\30APN1.SGM 30APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices 5. If authorized, could be carried out by the USACE. • Whether following the USACE Chief’s Report process or Section 7001 of WRRDA 2014, a proposal for a project or a project modification would need a current decision document to provide updated information on the scope of the potential project and demonstrate a clear Federal interest. This determination would include an assessment of whether the proposal is: —Technically sound, economically viable and environmentally acceptable. —Compliant with environmental and other laws including but not limited to National Environmental Policy Act, Endangered Species Act, Coastal Zone Management Act, and the National Historic Preservation Act. —Compliant with statutes and regulations related to water resources development including various water resources provisions related to the authorized cost of projects, level of detail, separable elements, fish and wildlife mitigation, project justification, matters to be addressed in planning, and the 1958 Water Supply Act. Environmental infrastructure proposals 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. Feasibility study proposals submitted by non-Federal interests are for study authorization only. If Congressional authorization of a feasibility study results from inclusion in the Annual Report, it is anticipated that such authorization would be for the study, not for construction. Once a decision document is completed in accordance with Executive Branch policies and procedures, the Secretary will determine whether to recommend the project for authorization. All USACE water resources development projects must meet certain requirements before proceeding to construction. These requirements include: (1) That the project is authorized for construction by Congress; (2) that the Secretary, or other appropriate official, has approved a current decision document; and, (3) that the funds for project construction have been appropriated and are available. Section 902 of WRDA 1986, as amended, (33 U.S.C. 2280) establishes a maximum authorized cost for projects (902 limit). A Post Authorization Change Report (PACR) is required to be VerDate Sep<11>2014 19:58 Apr 29, 2021 Jkt 253001 completed to support potential modifications, updates to project costs, and an increase to the 902 limit. Authority to undertake a 902 study is inherent in the project authority, so no additional authority is required to proceed with the study. Since these PACRs support project modifications, they may be considered for inclusion in the Annual Report if a report’s recommendation requires Congressional authorization. The Secretary shall include in the Annual Report to Congress on Future Water Resources Development a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project, feasibility study, or proposed modifications to an environmental infrastructure program authority included in the Annual Report meets the criteria established in Section 7001 of WRRDA 2014, as amended. Please contact the appropriate district office or use the contact information above for assistance in researching and identifying existing authorizations and existing USACE decision documents. Those proposals that do not meet the criteria 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. Jaime A. Pinkham, Assistant Secretary of the Army (Civil Works). [FR Doc. 2021–09042 Filed 4–29–21; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF DEFENSE Department of the Navy Notice of Virtual Public Meetings for the Draft Environmental Impact Statement for Testing and Training Activities in the Patuxent River Complex Department of the Navy, DoD. Notice. AGENCY: ACTION: Pursuant to the National Environmental Policy Act of 1969, as implemented by the Council on Environmental Quality, the Department of the Navy (DON) has prepared and filed with the United States Environmental Protection Agency a Draft Environmental Impact Statement (EIS) for Testing and Training Activities in the Patuxent River Complex (PRC), Naval Air Station (NAS) Patuxent River, Maryland. The Draft EIS evaluates the SUMMARY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 22945 potential environmental effects of continuing to conduct military research, development, test and evaluation (also referred to as ‘‘testing’’) and training activities within the PRC. Activities include those analyzed in the December 1998 PRC Final EIS and subsequent environmental assessments, as well as adjustments to current testing and training activities required to support projected DON military readiness requirements into the foreseeable future. This notice announces the public review and comment period and the dates of the virtual public meetings, includes information about how the public can review and comment on the document, and provides supplementary information about the environmental planning effort. DATES: The 45-day public comment period begins April 30, 2021 and ends June 15, 2021. To be considered in the Final EIS, all comments must be postmarked or received online by 11:59 p.m. Eastern Daylight Time on June 15, 2021. Due to current Federal and State guidance on social distancing and travel and public event restrictions in response to COVID–19, the DON is holding virtual public meetings, consisting of a presentation and question and answer sessions, to discuss the proposed action and the draft environmental analysis. Visit the project website at www.PRCEIS.com to learn more about and to view and attend the virtual public meetings. Public meeting materials will be posted on the project website and copies may be obtained by phone at 301–342–9902. The virtual public meetings will occur as follows: 1. Tuesday, May 18, 2021, from 6 to 7 p.m. Eastern Daylight Time 2. Wednesday, May 19, 2021, from 12 to 1 p.m. Eastern Daylight Time Substantive questions for discussion with DON representatives at the virtual public meetings can be submitted between May 10 and 17, 2021 for the May 18 and 19, 2021 meetings by completing the form at www.PRCEIS.com. ADDRESSES: Written comments may be mailed to Naval Air Warfare Center Aircraft Division Range Sustainability Office, Atlantic Ranges and Targets Department, Attention: PRC EIS Project Manager, 23013 Cedar Point Road, Building 2118, Patuxent River, MD 20670–1183, 301–342–9902, or submitted electronically via the project website at www.PRCEIS.com. All comments submitted during the 45 -day public comment period will become part of the public record, and E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 22943-22945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09042]


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DEPARTMENT OF DEFENSE

Engineers Corps


Proposals by Non-Federal Interests, for Feasibility Studies, 
Proposed Modifications to Authorized Water Resources Development 
Projects and Feasibility Studies, and Proposed Modifications for an 
Environmental Infrastructure Program for Inclusion in the Annual Report 
to Congress on Future Water Resources Development

AGENCY: U.S. Army Corps of Engineers (USACE), DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Water Resources Reform and Development Act (WRRDA) 2014, 
as amended, requires the Secretary of the Army annually submit to the 
Congress a report (Annual Report) that identifies feasibility reports, 
proposed feasibility studies submitted by non-Federal interests, 
proposed modifications to authorized water resources development 
projects or feasibility studies, and proposed modifications to 
environmental

[[Page 22944]]

infrastructure program authorities that meet certain criteria. The 
Annual Report is to be based, in part, upon requests for proposals 
submitted by non-Federal interests.

DATES: Proposals must be submitted online by August 30, 2021.

ADDRESSES: Submit proposals online at: https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/. If a 
different method of submission is required, use the further information 
below to arrange an alternative submission process.

FOR FURTHER INFORMATION CONTACT: Send an email to the help desk at 
[email protected] or call Stuart McLean, Planning and 
Policy Division, Headquarters, USACE, Washington, DC at 202-761-4931.

SUPPLEMENTARY INFORMATION: Section 7001 of WRRDA 2014 (33 U.S.C. 
2282d), as amended, requires the publication of a notice in the Federal 
Register annually to request proposals by non-Federal interests for 
feasibility studies, modifications to authorized USACE water resources 
development projects or feasibility studies, and modifications to 
environmental infrastructure program authorities. Project feasibility 
reports that have signed Chief's Reports, but have not been authorized 
will be included in the Annual Report table by the Secretary of the 
Army and these proposals do not need to be submitted in response to 
this notice.
    Proposals by non-Federal interests must be entered online and 
require the following information:
    1. The name of the non-Federal interest, or all non-Federal 
interests in the case of a modification to an environmental 
infrastructure program authority, including any non-Federal interest 
that has contributed to or is expected to contribute toward the non-
Federal share of the proposed feasibility study, project modification 
or environmental infrastructure program.
    2. State if this proposal is for authorization of a feasibility 
study, a modification to an authorized USACE water resources 
development project, a modification to an authorized USACE water 
resources feasibility study, or a modification to a USACE environmental 
infrastructure program authority. If a modification of an existing 
authority, specify the authorized water resources development project, 
study, or environmental infrastructure program authority that is 
proposed for modification.
    3. State the specific project purpose(s) of the proposed study or 
modification.
    4. 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.
    5. Describe, to the extent applicable and practicable, an estimate 
of the anticipated monetary and non-monetary benefits of the proposal 
with regard to benefits to the protection of human life and property; 
improvement to transportation; the national, regional, or local 
economy; the environment; or the national security interests of the 
United States.
    6. Proposals for modifications to environmental infrastructure 
program authorities must also include a description of assistance 
provided to date and the total Federal cost of assistance provided to 
date.
    7. State if the non-Federal interest has the financial ability to 
provide the required cost share, reference Engineer Regulation 1105- 2-
100, Planning Guidance Notebook.
    8. Describe if local support exists for the proposal.
    9. Upload a letter or statement of support for the proposal from 
each associated non-Federal interest.
    All provided information may be included in the Annual Report to 
Congress on Future Water Resources Development. Therefore, information 
that is Confidential Business Information, information that should not 
be disclosed because of statutory restrictions, or other information 
that a non-Federal interest would not want to appear in the Annual 
Report should not be included.
    Process: Proposals received within the time frame set forth in this 
notice will be reviewed by the Army and will be presented in one of two 
tables. The first table will be in the Annual Report itself, and the 
second table will be in an appendix. To be included in the Annual 
Report table, the proposals must meet the following five criteria:
    1. Are related to the missions and authorities of the USACE; 
involve a proposed or existing USACE water resources project or effort 
whose primary purpose is flood and storm damage reduction, commercial 
navigation, or aquatic ecosystem restoration, municipal or agricultural 
water supply. Following long-standing USACE practice, related proposals 
such as for recreation, hydropower, are eligible for inclusion if 
undertaken in conjunction with such a project or effort.
    2. Require specific congressional authorization, including by an 
Act of Congress:
    a. Requires Construction Authorization:
     Feasibility reports that have successfully passed the 
Tentatively Selected Plan Milestone in the USACE plan formulation 
process;
     Non-Federal feasibility reports submitted to the Secretary 
of the Army under Section 203 of WRDA 1986, as amended, under 
Administration review;
     Proposed modifications to authorized water resources 
development projects requested by non-Federal interests.
     Note: reports that have signed Chief's Reports, but have 
not been authorized, will be included in the Annual Report table and 
these proposals do not need to be submitted in response to this notice.
    b. Seeking Study Authorization:
     New feasibility studies proposed by non-Federal interests 
through the Section 7001 of WRRDA 2014 process will be evaluated by the 
USACE to determine whether or not there is existing study authority, 
and
     Proposed modifications to studies requested by non Federal 
interests through the Section 7001 of WRRDA 2014 process will be 
evaluated by the USACE to determine whether or not there is existing 
study authority.
    c. The following cases are NOT ELIGIBLE to be included in the 
Annual Report and will be included in the appendix for transparency:
     Proposals for modifications to non-Federal projects under 
program authorities where USACE has provided previous technical 
assistance. Authorization to provide technical assistance does not 
provide authorization of a water resources development project.
     Proposals for construction of a new water resources 
development project that is not the subject of a currently authorized 
USACE project or a complete or ongoing feasibility study.
     Proposals that do not include a request for a potential 
future water resources development project through completed 
feasibility reports, proposed feasibility studies, and proposed 
modifications to authorized projects or studies.
    3. Have not been congressionally authorized;
    4. Have not been included in the Annual Report table of any 
previous Annual Report to Congress on Future Water Resources 
Development; and
     If the proposal was included in the Annual Report table in 
a previous Report to Congress on Future Water Resources Development, 
then the proposal is not eligible to be included in the Annual Report 
table. If a proposal was previously included in an appendix it may be 
re-submitted.

[[Page 22945]]

    5. If authorized, could be carried out by the USACE.
     Whether following the USACE Chief's Report process or 
Section 7001 of WRRDA 2014, a proposal for a project or a project 
modification would need a current decision document to provide updated 
information on the scope of the potential project and demonstrate a 
clear Federal interest. This determination would include an assessment 
of whether the proposal is:
    --Technically sound, economically viable and environmentally 
acceptable.
    --Compliant with environmental and other laws including but not 
limited to National Environmental Policy Act, Endangered Species Act, 
Coastal Zone Management Act, and the National Historic Preservation 
Act.
    --Compliant with statutes and regulations related to water 
resources development including various water resources provisions 
related to the authorized cost of projects, level of detail, separable 
elements, fish and wildlife mitigation, project justification, matters 
to be addressed in planning, and the 1958 Water Supply Act.
    Environmental infrastructure proposals 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.
    Feasibility study proposals submitted by non-Federal interests are 
for study authorization only. If Congressional authorization of a 
feasibility study results from inclusion in the Annual Report, it is 
anticipated that such authorization would be for the study, not for 
construction. Once a decision document is completed in accordance with 
Executive Branch policies and procedures, the Secretary will determine 
whether to recommend the project for authorization.
    All USACE water resources development projects must meet certain 
requirements before proceeding to construction. These requirements 
include: (1) That the project is authorized for construction by 
Congress; (2) that the Secretary, or other appropriate official, has 
approved a current decision document; and, (3) that the funds for 
project construction have been appropriated and are available.
    Section 902 of WRDA 1986, as amended, (33 U.S.C. 2280) establishes 
a maximum authorized cost for projects (902 limit). A Post 
Authorization Change Report (PACR) is required to be completed to 
support potential modifications, updates to project costs, and an 
increase to the 902 limit. Authority to undertake a 902 study is 
inherent in the project authority, so no additional authority is 
required to proceed with the study. Since these PACRs support project 
modifications, they may be considered for inclusion in the Annual 
Report if a report's recommendation requires Congressional 
authorization.
    The Secretary shall include in the Annual Report to Congress on 
Future Water Resources Development a certification stating that each 
feasibility report, proposed feasibility study, and proposed 
modification to an authorized water resources development project, 
feasibility study, or proposed modifications to an environmental 
infrastructure program authority included in the Annual Report meets 
the criteria established in Section 7001 of WRRDA 2014, as amended.
    Please contact the appropriate district office or use the contact 
information above for assistance in researching and identifying 
existing authorizations and existing USACE decision documents. Those 
proposals that do not meet the criteria 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.

Jaime A. Pinkham,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-09042 Filed 4-29-21; 8:45 am]
BILLING CODE 3720-58-P