Department of Defense June 7, 2024 – Federal Register Recent Federal Regulation Documents

The Department of the Army (Army) announces the availability of a Draft Environmental Impact Statement (Draft EIS) regarding its proposed action: to retain up to approximately 6,322 acres of land the Army currently leases from the State of Hawai`i. These lands are located on the island of O`ahu and comprise approximately 1,150 acres at Kahuku Training Area (KTA), approximately 4,390 acres at Kawailoa- Poamoho Training Area (Poamoho), and approximately 782 acres at Makua Military Reservation (MMR). The purpose of the proposed action is to retain these three areas for military training beyond the end of the current leases. The need for the proposed action is to maintain facilities for training by the Army and other Department of Defense organizations, as such training facilities are not available elsewhere in Hawai`i. In accordance with the National Environmental Policy Act (NEPA) and the Hawai`i Environmental Policy Act (HEPA), the Draft EIS analyzes the potential direct, indirect, and cumulative impacts of a range of reasonable alternatives that meet the purpose of and need for the proposed action. The Draft EIS also analyzes the potential impacts of the No-Action Alternative, under which Army use of these lands would cease when the leases expire in 2029. Because the proposed retention involves state-owned lands, the EIS is a joint NEPA-HEPA document. The two public review processes run concurrently.

The North Carolina State Ports Authority (NCSPA) prepared a feasibility study pursuant to section 203 of the Water Resources Development Act of 1986, as amended, and in [February 2020] submitted that study to the Assistant Secretary of the Army for Civil Works (ASA(CW)) for review for the purpose of determining whether the study, and the process under which the study was developed, comply with Federal laws and regulations applicable to feasibility studies of water resources development project. This notice advises the public that the U.S. Army Corps of Engineers (Corps), at the direction of the ASA(CW), intends to prepare an Environmental Impact Statement (EIS) to address conditions for implementation of section 203 studies authorized for construction pursuant to section 403 of Water Resources Development Act of 2020. The ASA(CW)'s review of the NCSPA's study identified that National Environmental Policy Act and environmental compliance activities must be completed prior to implementation of the project. The NCSPA described the purpose of the project to be evaluated in the EIS as deepening and widening of the Wilmington Harbor Navigation Project. The USACE, as the lead federal agency, has determined the proposed action may significantly affect the quality of the human environment and seeks comments regarding the identification of potential alternatives, information, and analyses relevant to the report to improve navigation, beneficial use of dredge material, and to assess the potential social, economic, and environmental impacts of the proposed action.