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]
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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
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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
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:
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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
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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:
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• 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.
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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
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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:
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
