Army Department – Federal Register Recent Federal Regulation Documents

Four Authorities authorize the study of the Colorado River and its Tributaries: (1) Flood Control Act, approval June 22, 1936: ``Section 6. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys for flood control at the following named localities * * * Colorado River, Texas, above the county line between Coke and Runnels counties * * * Lower Colorado River, Texas.'' (2) Resolution by the Committee on Commerce, United States Senate, adopted August 4, 1936; ``Resolved by the Committee of the United States Senate, that the Board of Engineers for Rivers and Harbors created under Section 3 of the River and Harbor Act, approved June 13, 1902, be and is hereby, requested to review the reports on Colorado River, Texas, submitted in House Document Number 361, Seventy- first Congress, second session, and previous reports, with a view to determining if improvement in the interest of commerce and flood control is advisable at the present time.'' (3) Rivers and Harbors Act, approved August 26, 1937: ``Section 4. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following named localities * * * Colorado River, and its tributaries, Texas, with a view to its improvement in the interest of navigation and flood control.'' (4) Rivers and Harbors Act, approved March 2, 1945: ``Section 6. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following named localities * * * Colorado River, Texas.'' An initial assessment based on the resolution guidance indicates a Federal interest in continuing with more detailed studies for these purposes. In accordance with the National Environmental Policy Act, an Environmental Impact Statement (EIS) will be prepared to evaluate and compare flood control damage reduction and recreation alternatives within and along the Colorado River and its tributaries concentrated along the Highland Lakes. The EIS will also assess the impacts to the quality of the human environment associated with each alternative. The study area for project implementation primarily includes the lower Colorado River and its adjoining tributaries below Lake O.H. Ivie to Tom Miller Dam or Lake Austin. The construction of residential and commercial structures within the Highland Lakes and along the Colorado River, have lead to extensive amounts of flood damages. Consequently, flood damage reduction measures will be developed to address the flood damages. In addition, recreation measures will be developed and evaluated as complements to proposed flood damage reduction measures. The non-Federal cost sharing sponsors for the feasibility study are the Lower Colorado River Authority and Travis County.

The U.S. Army Corps of Engineers, New Orleans District (CEMVN) is initiating this draft supplemental environmental impact statement (DSEIS) under the authority of the Rivers and Harbors Act of July 24, 1946 (House Document 190, 79th Congress, 2nd Session) and prior Rivers and Harbors acts; the Rivers and Harbors Act of July 14, 1960 (House Document 436, 86th Congress, 2nd Session); the Rivers and Harbors Act of October 23, 1962 (House Document 582, 87th Congress, 2nd Session); the Senate Public Works committee on December 27, 1970, and the House Public Works committee on December 15, 1970, under the provisions of Section 201 of the Flood Control Act of 1965 (Pub. L. 89-298; S.D. 91- 111); and Section 107 of the Rivers and Harbors Act of 1960, as amended by Section 310 and Section 112 of the Rivers and Harbors Acts of 1965 and 1970, respectively, to investigate dredged material placement for the next 20 years of maintenance dredging of the Calcasieu and River and Pass, LA. The Calcasieu River and Pass, LA project does not have adequate dredged material disposal areas for the long-term maintenance of the project. Existing disposal sites are at or near capacity, and some disposal sites have been substantially eroded into adjacent water bodies. Other disposal areas have been lost to commercial developments. As a result, remaining disposal areas cannot accommodate the volume of dredged material needed to maintain the Calcasieu River and Pass, LA navigation channel to project-authorized dimensions, and CEMVN has been forced to reduce channel dimensions in some reaches.

In accordance with 35 U.S.C. 209 and 37 CFR 404, U.S. Army Research, Development and Engineering Command (RDECOM) hereby given notice that it is contemplating the grant of an exclusive license in the United States to practice the below referenced invention owned by the U.S. Government to TSI Incorporated, 500 Cardigan Road, Shoreview, MN 55126.

The U.S. Army Corps of Engineers (USACE), Baltimore District announces the availability of the Final Supplemental Environmental Impact Statement (SEIS) for the design modifications and recreational enhancements to the Wyoming Valley Levee Raising Project at the Wilkes- Barre, Pennsylvania River Commons. The Final SEIS investigates the potential environmental effects of an array of alternative plans based on the conceptual riverfront plan for Wilkes-Barre. The preferred alternative includes the addition of two portals through the levee, a river landing, fishing platform, and an amphitheater and stage. The Draft SEIS was released on a 45-day review and comment period during August and September 2004, and a Notice of Availability was published in the Federal Register under the U.S. Environmental Protection Agency on August 13, 2004. Comments received on the Draft SEIS and our responses are included in the Final SEIS (Appendices G and H).

The notice of an open meeting scheduled for July 15, 2005 published in the Federal Register on June 10, 2005 (70 FR 33884) has a new meeting place. The meeting will now be held at the Kimsey Athletic Center, West Conference Room, 4th Floor, West Point, NY.

PolyMet Mining, Inc., has applied to the St. Paul District, Corps of Engineers (Corps) for a permit to discharge fill material into wetlands to facilitate the construction and operation of an open pit copper/ nickel/cobalt/precious metals mine in the low grade polymetallic disseminated magmatic sulfide NorthMet deposit in northeastern Minnesota, approximately 6 miles south of the town of Babbitt. The mining process would require the construction of waste and product stockpiles near the open pit. Ore processing would be conducted at a currently inactive taconite processing plant (modifications would be necessary), and ore tailings would be disposed of in a currently inactive taconite tailings basin adjacent to the processing plant. The processing plant and tailings basin are located about 8 miles west of the NorthMet deposit and about 5 miles north of the town of Hoyt Lakes. Ore would be transported from the mine to the processing plant via an existing railroad line. Construction of a railroad spur to the mine and a connecting railroad line to the plant site would be required. Project plans call for the mining of up to 32,000 tons of ore per day after overburden and waste rock stripping and stockpiling. Mining operations would be conducted 24 hours per day, 365 days per year, over the 20- year life of the project. Processing the ore would involve crushing, grinding, flotation, and hydrometallurgical processing. Cathode copper (high purity metal) would be produced on-site by solvent extraction and electrowinning. The processing would produce other metals (nickel, cobalt, palladium, platinum, and gold) as precipitates rather than as finished metal. The precipitates would be shipped offsite for further refining. The project would require dredging or discharging fill material into an estimated 1,257 acres of wetlands. While some of the wetlands may be isolated, the majority of the wetlands are adjacent to the Partridge River, which is a tributary to the St. Louis River, which is a navigable water of the United States. A specific compensatory wetland mitigation plan has not yet been developed for the project. PolyMet Mining, Inc., has expressed interest in working with various interested federal and state agencies to develop an acceptable plan that would meet federal and state compensatory mitigation requirements. The discharge of fill material into waters of the United States requires a permit pursuant to Section 404 of the Clean Water Act. The final environmental impact statement will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

Pursuant to the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers, Sacramento District (Corps), intends to prepare a Draft Environmental Impact Statement (EIS) for the Federal action to remediate seismic dam safety concerns at the Lake Success Project located on the Tule River, near Porterville, CA. The proposed action is being conducted through the Corps' Dam Safety Assurance Program for the evaluation of existing dams.

The Department of the Army is publishing our rule concerning military police investigations. The regulation prescribes policies and procedures on types and categories of offenses investigated by Military Police and DA Civilian detectives/ investigators.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 60/653,230 entitled ``Development of a Biosensor for Anthrax Therapeutics and Diagnostics, filed February 14, 2005. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C., App. 2), announcement is made of the following Committee meeting:

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board of Visitors, United States Military Academy. Date: Friday, July 15, 2005. Place of Meeting: Superintendent's Conference Room, Taylor Hall, Building 600, West Point, NY. Start Time of Meeting: Approximately 1 p.m.

The Jacksonville District, U.S. Army Corps of Engineers intends to prepare a Draft Second Supplemental Environmental Impact Statement (DSEIS) for the Tamiami Trail feature of the Modified Water Deliveries to Everglades National Park (MWD) project in Miami-Dade County. The study is a cooperative effort between the U.S. Army Corps of Engineers, Everglades National Park (ENP), the Florida Department of Transportation, and the South Florida Water Management District.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 60/634,987 entitled ``System and Method for Evaluating Data Sets Over a Communications Network,'' filed December 13, 2004. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

In accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. The meeting is open to the public. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: June 17, 2005. Location: Radisson Hotel Old Town Alexandria, 901 N. Fairfax Street, Alexandria, VA 22314-1501, (703) 683-6000. Time: 9 a.m. to 12 p.m.

The U.S. Army Corps of Engineers, New Orleans District, is initiating this study authorized by a July 23, 1997 resolution of the Committee on Transportation and Infrastructure of the U.S. House of Representatives. The resolution reads: ``Resolved by the Committee on Transportation and Infrastructure of the U.S. House of Representatives, that the Secretary of the Army is required to review the report of the Chief of Engineers on the Mississippi River and Tributaries Project, published as House Document 308, Eighty-eighth Congress, Second Session, and other pertinent reports, to determine whether modifications of the recommendations contained therein are advisable at the present time in the interest of flood control, navigation, wetlands, conservation restoration, wildlife habitat, commercial and recreational fishing, saltwater intrusion, freshwater and sediment diversion, and other purposes in the area drained by the West Atchafalaya Basin Protection Levee, from Alexandria, Louisiana, to the Gulf of Mexico.''

The U.S. Army Corps of Engineers is proposing to establish a procedure for modifying scheduled operational hours at the Lake Washington Ship Canal, Hiram M. Chittenden Locks in Seattle, Washington. This procedure would allow the district engineer to change the scheduled operational hours of the locks after issuing a public notice and providing a 30-day comment period for any proposed change. Corrections are also made to two citations.

The Jacksonville District, U.S. Army Corps of Engineers, intends to prepare a Draft Environmental Impact Statement (DEIS) for the Kissimmee Chain of Lakes (KCOL) portion of the Kissimmee River Restoration (KRR) project. This project involves the establishment of a coordinated schedule of water level drawdowns throughout the seventeen lakes comprising the Kissimmee Chain of Lakes (KCOL), for the ultimate purpose of facilitating environmental restoration throughout those water bodies. The local sponsor is the South Florida Water Management District.

The study involves sediment management and restoration measures on the Grand Calumet River and non-Federal portions of the Indiana Harbor Canal. Potential alternatives to be evaluated are type and extent of dredging, possibility of capping areas, disposal options and restoration measures. The Draft Environmental Impact Statement (DEIS) is expected to be released for public review in June 2006. As part of the scoping process, written comments will be accepted for a 60-day period, starting from the date of this notice. Comments should be submitted to Mr. Keith Ryder (see ADDRESSES).

In accordance with section 10(a)(2) of Pub. L. 92-463, The Federal Advisory Committee Act, announcement is made of the following meeting: Name of Committee: Armed Forces Epidemiological Board (AFEB). Dates: June 21, 2005 (Open meeting). June 22, 2005 (Open meeting). Times: 8 a.m.-5 p.m. (June 21, 2005). 8 a.m.-4:15 p.m. (June 22, 2005). Location: The Hope Hotel and Conference Center, Building 823, Area A, Air Force Research Laboratory, Wright-Patterson Air Force Base, Dayton, Ohio 45433-5000. Agenda: The purpose of the meeting is to address pending and new Board issues, provide briefings for Board members on topics related to ongoing and new Board issues, conduct subcommittee meetings, and conduct an executive working session.