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, 29109-29111 [2023-09573]
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
the Process for Filling MRRIC
Stakeholder Vacancies document
(www.MRRIC.org). The Corps is
responsible for appointing stakeholder
members. The Corps will consider
applications using the following criteria:
• Ability to commit the time required.
• Commitment to make a good faith
(as defined in the Charter) effort to seek
balanced solutions that address multiple
interests and concerns.
• Agreement to support and adhere to
the approved MRRIC Charter and
Operating Procedures.
• Demonstration of a formal
designation or endorsement by an
organization, local government, or
constituency as its preferred
representative.
• Demonstration of an established
communication network to keep
constituents informed and efficiently
seek their input when needed.
• Agreement to participate in
collaboration training as a condition of
membership.
All applicants will be notified in
writing as to the final decision about
their application.
Certification. I hereby certify that the
establishment of the MRRIC is necessary
and in the public interest in connection
with the performance of duties imposed
on the Corps by the Endangered Species
Act and other statutes.
Geoffrey R. Van Epps,
Brigadier General, USA, Commanding.
[FR Doc. 2023–09639 Filed 5–4–23; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
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,
DoD.
ACTION:
Notice.
Section 7001 of the Water
Resources Reform and Development Act
(WRRDA) of 2014, as amended, requires
that 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
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SUMMARY:
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resources development projects or
feasibility studies, and proposed
modifications to environmental
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 by
28 August 2023.
ADDRESSES: Submit proposals by
emailing the completed proposal form
to WRRDA7001Proposal@
usace.army.mil. The proposal form can
be found at https://www.usace.army
.mil/Missions/Civil-Works/ProjectPlanning/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
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 emailed 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
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29109
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. Proposals for modifications to the
maximum federal cost of a project being
carried out pursuant to a continuing
authorities program.. Proposals must
include a justification of why the
modification is necessary, total time and
cost to complete the project, and
indication of support by the non-Federal
interest for the project and its cost-share
requirements.
8. 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.
9. Describe if local support exists for
the proposal.
10. Attach 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
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29110
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
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 or 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 a
specifically authorized water resources
development projects requested by nonFederal interests.
• Proposed modification to the
maximum cost of a project being carried
out pursuant to a continuing authority
program, if the proposed modification
will result in completion of construction
of the project and the justification for
the modification is not the result of a
change in the scope of the project.
• 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.
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• 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.
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.
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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
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
those proposals did not meet the
criteria.
Michael Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023–09573 Filed 5–4–23; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF EDUCATION
Applications for New Awards;
Personnel Development To Improve
Services and Results for Children With
Disabilities—Personnel Preparation of
Special Education, Early Intervention,
and Related Services Personnel at
Historically Black Colleges and
Universities, Tribally Controlled
Colleges and Universities, and Other
Minority Serving Institutions
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice.
AGENCY:
The Department of Education
(Department) is issuing a notice inviting
applications for new awards for fiscal
year (FY) 2023 for Personnel
Development to Improve Services and
Results for Children with Disabilities—
Personnel Preparation of Special
Education, Early Intervention, and
Related Services Personnel at
Historically Black Colleges and
Universities, Tribally Controlled
Colleges and Universities, and Other
Minority Serving Institutions,
Assistance Listing Number (ALN)
84.325M. This notice relates to the
approved information collection under
OMB control number 1820–0028.
DATES:
Applications Available: May 5, 2023.
Deadline for Transmittal of
Applications: July 14, 2023.
Deadline for Intergovernmental
Review: September 12, 2023.
Pre-Application Webinar Information:
No later than May 10, 2023, the Office
of Special Education and Rehabilitative
Services will post details on prerecorded informational webinars
designed to provide technical assistance
to interested applicants. Links to the
webinars may be found at https://
www2.ed.gov/fund/grant/apply/osep/
new-osep-grants.html.
ADDRESSES: For the addresses for
obtaining and submitting an
application, please refer to our Common
Instructions for Applicants to
Department of Education Discretionary
Grant Programs, published in the
Federal Register on December 7, 2022
(87 FR 75045) and available at
www.federalregister.gov/documents/
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SUMMARY:
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18:07 May 04, 2023
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2022/12/07/2022-26554/commoninstructions-for-applicants-todepartment-of-education-discretionarygrant-programs. Please note that these
Common Instructions supersede the
version published on December 27,
2021.
FOR FURTHER INFORMATION CONTACT:
Tracie Dickson, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5013, Potomac Center Plaza,
Washington, DC 20202–5076.
Telephone: 202–245–7844. Email:
Tracie.Dickson@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purposes of
this program are to (1) help address
State-identified needs for personnel
preparation in special education, early
intervention, related services, and
regular education to work with children,
including infants, toddlers, and youth
with disabilities; and (2) ensure that
those personnel have the necessary
skills and knowledge, derived from
practices that have been determined
through scientifically based research, to
be successful in serving those children.
Priority: This competition includes
one absolute priority and, within that
absolute priority, one competitive
preference priority. In accordance with
34 CFR 75.105(b)(2)(v), the absolute
priority is from allowable activities
specified in the statute (see sections 662
and 681 of the Individuals with
Disabilities Education Act (IDEA) (20
U.S.C. 1462 and 1481)).
Absolute Priority: For FY 2023 and
any subsequent year in which we make
awards from the list of unfunded
applications from this competition, this
priority is an absolute priority. Under 34
CFR 75.105(c)(3), we consider only
applications that meet this priority.
This priority is:
Personnel Preparation of Special
Education, Early Intervention, and
Related Services Personnel at
Historically Black Colleges and
Universities, Tribally Controlled
Colleges and Universities, and other
Minority Serving Institutions.
Background:
The purpose of this priority is to
prepare scholars who are fully
credentialed to serve children,
including infants, toddlers, and youth,
with disabilities (children with
disabilities). The Department is
committed to promoting equity for
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29111
children with disabilities in accessing
educational resources and
opportunities. The Department also
places a high priority on increasing the
number of personnel, including
increasing personnel from racially and
ethnically diverse backgrounds and
personnel who are multilingual, who
provide services to children with
disabilities. To support these goals,
under this absolute priority, the
Department will fund projects within
Historically Black Colleges and
Universities (HBCUs),1 Tribally
Controlled Colleges and Universities
(TCCUs),2 and other Minority Serving
Institutions (MSIs) 3 that prepare special
education, early intervention, and
related services personnel at the
bachelor’s degree, certification, master’s
degree, educational specialist degree, or
clinical doctoral degree levels to serve
in a variety of settings, including natural
environments (the home and
community settings in which children
with and without disabilities
participate), early learning programs,
child care, classrooms, schools, and
distance learning.
Over time, the population of children
receiving services under the IDEA are
increasingly racially and ethnically
diverse. In 2021, approximately 50
percent of infants and toddlers with
disabilities, ages birth through two,
were children of color; approximately
49 percent of preschool children with
disabilities, ages three through five (not
in kindergarten), were from racially and
ethnically diverse backgrounds; while
approximately 54 percent of students
with disabilities, ages five (in
kindergarten) through 21, were from
racially and ethnically diverse
backgrounds (U.S. Department of
Education, 2022a).
Despite the fact that children of color
make up approximately 54 percent of
public school enrollment (National
Center for Education Statistics, 2022),
and greater than 50 percent of children
receiving early intervention and special
education services, results from the
2020–2021 National Teacher and
1 For purposes of this priority, ‘‘Historically Black
Colleges and Universities’’ means colleges and
universities that meet the criteria set out in 34 CFR
608.2.
2 For purposes of this priority, ‘‘Tribally
Controlled Colleges and Universities’’ has the
meaning ascribed to it in section 316(b)(3) of the
Higher Education Act of 1965 (HEA).
3 For purposes of this priority, ‘‘Minority-Serving
Institution’’ means an institution that is eligible to
receive assistance under sections 316 through 320
of part A of title III, under part B of title III, or under
title V of the HEA. For purposes of this priority, the
Department will use the FY 2022 Eligibility Matrix
to determine MSI eligibility (see https://
www2.ed.gov/about/offices/list/ope/idues/
eligibility.html).
E:\FR\FM\05MYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29109-29111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09573]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
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, DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Section 7001 of the Water Resources Reform and Development Act
(WRRDA) of 2014, as amended, requires that 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 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 by 28 August 2023.
ADDRESSES: Submit proposals by emailing the completed proposal form to
[email protected]. The proposal form can be found 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 emailed 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. Proposals for modifications to the maximum federal cost of a
project being carried out pursuant to a continuing authorities
program.. Proposals must include a justification of why the
modification is necessary, total time and cost to complete the project,
and indication of support by the non-Federal interest for the project
and its cost-share requirements.
8. 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.
9. Describe if local support exists for the proposal.
10. Attach 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
[[Page 29110]]
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 or 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 a specifically authorized water
resources development projects requested by non-Federal interests.
Proposed modification to the maximum cost of a project
being carried out pursuant to a continuing authority program, if the
proposed modification will result in completion of construction of the
project and the justification for the modification is not the result of
a change in the scope of the project.
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.
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
[[Page 29111]]
those proposals did not meet the criteria.
Michael Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-09573 Filed 5-4-23; 8:45 am]
BILLING CODE 3720-58-P
