Department of the Army, Corps of Engineers – Federal Register Recent Federal Regulation Documents

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Public Scoping Meetings for the Draft Supplemental Environmental Impact Statement for the Allatoona Lake Water Supply Storage Reallocation Study and Updates to Weiss and Logan Martin Reservoir Project Water Control Manuals in the Alabama-Coosa-Tallapoosa River Basin
Document Number: 2018-14975
Type: Notice
Date: 2018-07-13
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Mobile District, issued a Notice of Intent (NOI) in the Federal Register (83 FR 18829) published on April 30, 2018, to prepare a Supplemental Environmental Impact Statement (SEIS), pursuant to the National Environmental Policy Act (NEPA), to evaluate potential changes to the Water Control Manuals (WCMs) for three reservoirs in the Alabama-Coosa-Tallapoosa (ACT) River Basin and to the Master WCM for the ACT River Basin. The Draft SEIS will be prepared as an integrated document with the reallocation study. The USACE will hold five public scoping meetings during the months of July and August as part of its preparation to conduct the water supply storage reallocation study and update the WCMs for the Alabama Power Company's Weiss and Logan Martin reservoirs in the ACT River Basin.
Notice of Intent To Prepare Supplement II to the Final Environmental Impact Statement, Mississippi River and Tributaries (MR&T) Project, Mississippi River Mainline Levees and Channel Improvement
Document Number: 2018-14972
Type: Notice
Date: 2018-07-13
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (``USACE''), Memphis District, Vicksburg District, and the New Orleans District, is announcing its intent to prepare Supplement II (SEIS II) to the Final Environmental Impact Statement, Mississippi River and Tributaries (MR&T) Project, Mississippi River Mainline Levees and Channel Improvement of 1976 (1976 EIS), as updated and supplemented by Supplement No. 1, Mississippi River and Tributaries Project, Mississippi River Mainline Levee Enlargement and Seepage Control of 1998 (SEIS I) to the 1976 EIS, to cover construction of remaining authorized work on the Mississippi River mainline levees (MRL) feature. Over the past twenty years since the finalization of SEIS I, USACE has determined that various sections (reaches) of the mainline levee system are deficient in varying amounts, and that certain remedial measures need to be undertaken to control seepage and to raise and stabilize the deficient sections of the levee to protect the lower Mississippi River Valley against the Project Design Flood (PDF) and maintain the structural integrity of the MRL system. The Proposed Action of SEIS II is to supplement and, as necessary, augment the 1976 EIS and SEIS I using the primary MR&T goals of: (1) Providing flood protection from the PDF; and (2) developing an environmentally sustainable project; formulating alternatives; identifying significant resources; assessing the direct, indirect, and cumulative impacts to those resources; investigating and environmentally assessing potential borrow areas; developing mitigation measures; and evaluating and selecting a preferred method for the construction of necessary authorized MRL Project features, which may include but are not limited to, implementing seepage control measures and the construction of various remediation measures for deficient levee reaches to bring these reaches to the project design grade. SEIS II will evaluate the potential direct, indirect, and cumulative impacts for an array of alternatives, including a No Action alternative.
Definition of “Waters of the United States”-Recodification of Preexisting Rule
Document Number: 2018-14679
Type: Proposed Rule
Date: 2018-07-12
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers
The purpose of this supplemental notice is for the Environmental Protection Agency (EPA) and the Department of the Army (agencies) to clarify, supplement and seek additional comment on an earlier proposal, published on July 27, 2017, to repeal the 2015 Rule Defining Waters of the United States (``2015 Rule''), which amended portions of the Code of Federal Regulations (CFR). As stated in the agencies' July 27, 2017 Notice of Proposed Rulemaking (NPRM), the agencies propose to repeal the 2015 Rule and restore the regulatory text that existed prior to the 2015 Rule, as informed by guidance in effect at that time. If this proposal is finalized, the regulations defining the scope of federal Clean Water Act (CWA) jurisdiction would be those portions of the CFR as they existed before the amendments promulgated in the 2015 Rule. Those preexisting regulatory definitions are the ones that the agencies are currently implementing in light of the agencies' final rule published on February 6, 2018, adding a February 6, 2020 applicability date to the 2015 Rule, as well as judicial decisions preliminarily enjoining and staying the 2015 Rule.
Inland Waterways Users Board; Notice of Federal Advisory Committee Meeting
Document Number: 2018-14818
Type: Notice
Date: 2018-07-11
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Inland Waterways Users Board will take place.
Intent To Prepare a Draft NEPA Document for the Upper St. Anthony Falls Lock and Dam, Lower St. Anthony Falls Lock and Dam, and Lock and Dam 1 Disposition Study, Hennepin and Ramsey Counties, Minnesota
Document Number: 2018-14070
Type: Notice
Date: 2018-06-29
Agency: Department of Defense, Department of the Army, Corps of Engineers
The St. Paul District, Army Corps of Engineers (MVP) is conducting a study regarding the disposition of the Upper St. Anthony Falls Lock and Dam, Lower St. Anthony Falls Lock and Dam, and Lock and Dam 1 located in the Upper Mississippi River, Hennepin and Ramsey Counties, Minnesota. The study will include an environmental assessment and consider opportunities regarding deauthorization and disposal of any or all of the three lock and dam sites. The study will evaluate two primary alternatives: (1) No action; and, (2) deauthorization by Congress of the Federal missions at the sites and disposal according to Federal law. Deauthorization would include portions of the Mississippi River 9-foot navigation channel and the lands and structures associated with each lock and dam site. It is anticipated that a draft report of the integrated Disposition Study and Environmental Assessment (EA) will be available for a 30-day public comment period in the Spring of 2019. The St. Paul District of the Army Corps of Engineers is soliciting public comments on the proposed study, potential interest in future ownership if disposal of the properties is warranted, and substantive issues that should be analyzed in the EA.
Notice of Intent To Adopt U.S. Bureau of Reclamation's December 2015 Final Environmental Impact Report/Environmental Impact Statement/Environmental Impact Statement, Prepare Corps Record of Decision, and Reimburse the Sponsor for the Upper Truckee River and Marsh Restoration Project, City of South Lake Tahoe, El Dorado County, CA
Document Number: 2018-13670
Type: Notice
Date: 2018-06-29
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps), Sacramento District, intends to adopt the Bureau of Reclamation's (BOR) December 2015 Final Environment Impact Report (FEIR)/Final Environmental Impact Statement (FEIS)/Final Environmental Impact Statement (FEIS) for the Upper Truckee River and Marsh Restoration Project and prepare its own Record of Decision (ROD) after the public review period for this Notice of Intent ends. The Corps will use its Tahoe Section 108 program authorization for participation in the restoration activities by reimbursing the California Tahoe Conservancy (CTC), the local sponsor, for final design, construction, and other applicable activities falling under the authorization. During final design and construction, the Corps will serve as the lead Federal agency for compliance with the National Environmental Policy Act (NEPA), and CTC will serve as the lead agency for compliance with the California Environmental Quality Act (CEQA) during the final design and construction activities if designs need to be modified or the river moves from its current alignment prior to design and construction. In the December 2015 Final EIR/EIS/EIS, the analysis for this ecosystem restoration project evaluated five alternatives to restore aquatic and riparian values and functions on the Upper Truckee River's marsh area near its terminus at Lake Tahoe, South Lake Tahoe in El Dorado County, CA with selection of a preferred alternative to be constructed. The Corps has reviewed the draft and Final EIR/EIS/EIS to ensure that all NEPA requirements have been met.
Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas
Document Number: 2018-11017
Type: Proposed Rule
Date: 2018-05-23
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Corps of Engineers is proposing to establish a restricted area in the waters of Fisherman's Cove and Little Creek Harbor at Joint Expeditionary Base Little Creek-Fort Story, Little Creek (JEBLCFS) in Virginia Beach, Virginia. JEBLCFS is the homeport of numerous ships, small boats and special operational units. The proposed amendment is necessary to better protect vessels and personnel assigned to JEBLCFS by implementing a waterside security program. The proposed amendment establishes the restricted area waters within the boundaries of the existing installation and in the entry channel into the harbor.
James River, Skiffes Creek and Warwick River Surrounding Joint Base Langley-Eustis (JBLE-Eustis), Virginia; Restricted Areas and Danger Zones
Document Number: 2018-11016
Type: Proposed Rule
Date: 2018-05-23
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the James River, Skiffes Creek and Warwick River in Newport News, Virginia. JBLE-Eustis contains a military port berthing numerous Army vessels and conducts exercises to include small craft testing and live fire training activities. The proposed amendment is necessary to protect the public from hazards associated with training and mission operations, and to protect government assets, missions, and the base population in general. The proposed amendment increases the restricted areas and creates danger zones surrounding the existing installation and firing ranges.
Joint Notice of Availability for the Draft Matagorda Ship Channel Project Integrated Feasibility Report and Environmental Impact Statement
Document Number: 2018-09480
Type: Notice
Date: 2018-05-04
Agency: Department of Defense, Department of the Army, Corps of Engineers
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Galveston District (USACE) announces the release of the Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) for the Tentatively Selected Plan of the Matagorda Ship Channel Improvement Project, Calhoun and Matagorda Counties, TX. The DIFR-EIS documents the existing condition of environmental resources in and around areas considered for development, and potential impacts on those resources as a result of implementing the alternatives.
Civil Monetary Penalty Inflation Adjustment Rule
Document Number: 2018-09316
Type: Rule
Date: 2018-05-02
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties under the Clean Water Act (CWA) and the National Fishing Enhancement Act to account for inflation. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act), which requires agencies to adjust the levels of civil monetary penalties with an initial ``catch-up'' adjustment followed by annual adjustments for inflation. The Inflation Adjustment Act prescribes a formula for adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. Using the adjustment criteria provided in the December 15, 2017, Office of Management and Budget Memorandum regarding the ``Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015'', the 2018 annual adjustment for inflation will increase the Class I civil penalty under Section 309 of the Clean Water Act to $21,394 per violation, and the maximum civil penalty increases to $53,484. The judicial civil penalty under Section 404(s) of the Clean Water Act increases to $53,484 per day for each violation. Under the National Fishing Enhancement Act, the Class I civil penalty increases to $23,426 per violation.
Intent To Prepare Draft Supplemental Environmental Impact Statement for the Allatoona Lake Water Supply Storage Reallocation Study and Updates to Weiss and Logan Martin Reservoir Project Water Control Manuals in the Alabama-Coosa-Tallapoosa River Basin
Document Number: 2018-09031
Type: Notice
Date: 2018-04-30
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Mobile District, intends to prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate potential changes to the Water Control Manuals (WCMs) for three reservoirs in the Alabama-Coosa-Tallapoosa (ACT) River Basin and to the Master WCM for the ACT River Basin. The USACE intends to conduct a water supply storage reallocation study to evaluate a March 30, 2018 request by Georgia and Cobb County-Marietta Water Authority (CCMWA) for increased water supply usage at Allatoona Lake and changed storage accounting methodology. The Draft SEIS will be prepared as an integrated document with the reallocation study. The reallocation study with the integrated Draft SEIS will address the water supply storage request and updated operating criteria and guidelines for managing the water storage and release actions of Federal water managers and will evaluate the associated environmental impacts of the proposed federal action, pursuant to the National Environmental Policy Act (NEPA). The USACE also intends to update the WCMs for the Alabama Power Company's Weiss and Logan Martin Reservoirs in the ACT River Basin.
Inland Waterways Users Board Meeting Notice
Document Number: 2018-08897
Type: Notice
Date: 2018-04-27
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's website at http:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Proposals by Non-Federal Interests, for Feasibility Studies and for Modifications to an Authorized Water Resources Development Project or Feasibility Study, for Inclusion in the Annual Report to Congress on Future Water Resources Development
Document Number: 2018-08292
Type: Notice
Date: 2018-04-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
Section 7001 of Water Resources Reform and Development Act (WRRDA) 2014 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, and proposed modifications to an authorized water resources development project or feasibility study that meet certain criteria. The Annual Report is to be based, in part, upon requests for proposals submitted by non-Federal interests.
Intent To Prepare a Draft Environmental Impact Statement for the Dam Safety Modification Study Report for Center Hill Dam, DeKalb County, Tennessee
Document Number: 2018-08291
Type: Notice
Date: 2018-04-20
Agency: Department of the Army, Corps of Engineers, Department of the Defense
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers, Nashville District (USACE) is preparing a draft Environmental Impact Statement (EIS) to support the Dam Safety Modification Study Report (DSMSR) for Center Hill Dam. The study would evaluate the main dam spillway gate operability, the saddle dam fuse plug operation, and spillway additions to the new Roller Compacted Concrete (RCC) berm structure at the saddle dam, all for the purpose of lowering risk at Center Hill Dam, DeKalb County, Tennessee.
United States Air Force 81st Security Forces Anti-Terrorism Office, Restricted Area, Keesler Air Force Base, Biloxi, Mississippi
Document Number: 2018-07919
Type: Rule
Date: 2018-04-17
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is establishing a no anchorage restricted area within waters along the Back Bay of Biloxi shoreline of the Keesler Air Force Base (KAFB) located in Biloxi, Mississippi, on behalf of a request by the United States Air Force (USAF) 81st Security Forces Anti-Terrorism Office. The no anchorage restricted area will be established by placing 12 buoys to demarcate the approximately 10,000 feet of shoreline east to west and extend approximately 150 feet from the shoreline of the base. The restricted area is essential to address a major anti-terrorism and safety concern due to the lack of perimeter fencing or physical denial system.
Intent To Prepare an Environmental Impact Statement for the City of Abilene, Texas, Cedar Ridge Reservoir Water Supply Project
Document Number: 2018-07303
Type: Notice
Date: 2018-04-13
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of a proposed water supply project, the Cedar Ridge Reservoir, proposed by the City of Abilene, TX. A Clean Water Act Section 404 permit would be required for the construction and operation of the proposed Project since it would result in permanent and temporary impacts to waters of the United States. The Project, as proposed by the applicant, is intended to provide approximately 34,400 acre-feet of new reliable water supply to address additional water supply needs. The Cedar Ridge Project would be a non-federal project constructed, owned, and operated by the City of Abilene.
Notice of Intent To Prepare a Draft Environment Impact Statement for the Proposed Alamo Dam Water Control Plan Update; Alamo Lake, Mojave and La Paz Counties, Arizona
Document Number: 2018-07310
Type: Notice
Date: 2018-04-10
Agency: Department of Defense, Department of the Army, Corps of Engineers
This notice advises the public that the Los Angeles District of the U.S. Army Corps of Engineers (USACE-SPL), as lead agency, is gathering information necessary to prepare an environmental impact statement (EIS) in connection with the update proposed for Alamo Dam's Water Control Plan. This notice opens the public scoping phase and invites interested parties to identify potential issues, concerns, and reasonable alternatives that should be considered in an EIS.
Withdrawal of Notice of Intent To Prepare a Draft Environmental Impact Statement for the North Branch Ecorse Creek, Flood Risk Management General Reevaluation Study, Wayne County, MI
Document Number: 2018-06464
Type: Notice
Date: 2018-03-30
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Detroit District, is issuing this notice to advise Federal, state, and local government agencies and the public that the USACE is withdrawing its Notice of Intent to prepare a Draft Environmental Impact Statement (DEIS) for the reevaluation study of flood risk management alternatives for the North Branch Ecorse Creek, Wayne County, Michigan.
Intent To Prepare an Environmental Impact Statement (EIS) for the Pebble Project
Document Number: 2018-06369
Type: Notice
Date: 2018-03-29
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Alaska District, U.S. Army Corps of Engineers (the Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to assess the potential social, economic, and environmental impacts associated with the proposed Pebble open pit mine in wetlands, streams and Ocean near Cook Inlet. The EIS will assess potential effects of a range of alternatives.
Notice of Availability of the Final Environmental Impact Statement (FEIS) for the Holden Beach East End Shore Protection Project With Installation of a Terminal Groin Structure at the Eastern End of Holden Beach, Extending Into the Atlantic Ocean, West of Lockwoods Folly Inlet (Brunswick County, NC)
Document Number: 2018-05244
Type: Notice
Date: 2018-03-15
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of Holden Beach to install a terminal groin structure on the east end of Holden Beach, extending into the Atlantic Ocean, just west of Lockwoods Folly Inlet.
The release of the Final Environmental Impact Statement (FEIS) for the Bogue Banks Master Beach Nourishment Plan, on Bogue Banks Barrier Island, Carteret County, NC
Document Number: 2018-04408
Type: Notice
Date: 2018-03-05
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, from Carteret County to implement, under an inter-local agreement between the towns on Bogue Banks barrier island, a comprehensive 50-year beach and inlet management plan for the protection of approximately 25 miles of Bogue Banks shoreline. The island's shoreline has been managed in some capacity for over 35 years by Federal projects administered through the COE Civil Works program and by non-federal projects implemented by the County, and/or local municipalities through the COE Regulatory permit program. Since 1978, roughly 11 million cubic yards of sand have been placed upon the beaches of Bogue Banks at a total cost of approximately $95 million. Past management efforts have largely consisted of stand-alone projects that were undertaken to address site- specific erosional problems. This stand-alone approach has limited the efficiency and effectiveness of past and current efforts by the County and island municipalities to implement shore protection projects and to maintain the beaches. In order to address ongoing shoreline erosion in a more effective manner, the County and island municipalities (Towns of Atlantic Beach, Pine Knoll Shores, Indian Beach, and Emerald Isle) are proposing to combine their shore protection efforts under a more efficient comprehensive 50-year beach and inlet management plan known as the Bogue Banks Master Beach Nourishment Plan (BBMBNP).
Availability of Draft Integrated Feasibility Report and Environmental Impact Statement for the Gulf Intracoastal Waterway: Brazos River Floodgates and Colorado River Locks Systems Feasibility Study, Brazos and Matagorda Counties, TX
Document Number: 2018-03852
Type: Notice
Date: 2018-02-26
Agency: Department of Defense, Department of the Army, Corps of Engineers
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Galveston District (USACE) announces the release of the Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) for the Recommended Plan of the Gulf Intracoastal Waterway (GIWW): Brazos River Floodgates (BRFG) and Colorado River Locks (CRL) Systems Feasibility Study, Brazos and Matagorda Counties, TX. The DIFR-EIS documents the existing condition of environmental resources in and around areas considered for development, and potential impacts on those resources as a result of implementing the alternatives.
Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408
Document Number: 2018-03851
Type: Notice
Date: 2018-02-26
Agency: Department of Defense, Department of the Army, Corps of Engineers
On February 5, 2018, the U.S. Army Corps of Engineers (USACE) published a notice announcing the availability of a draft Engineer Circular (EC), which is an agency policy document, for a 30-day comment period. This draft EC provides the proposed policies and procedures related to how USACE will process certain requests by others to alter a USACE civil works project pursuant to Section 14 of the Rivers and Harbors Act of 1899, as amended (more commonly referred to as Section 408). This notice announces the extension of the comment period by an additional 30 days. The extension of the comment period is a result of requests by entities to allow more time to submit their comments. The draft EC is available for review on the USACE Section 408 website (http://www.usace.army.mil/Missions/Civil-Works/Section408/) and at http://www.regulations.gov reference docket number COE-2018-0003.
Notice of Intent To Prepare a Tiered Environmental Impact Statement for the New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study
Document Number: 2018-02874
Type: Notice
Date: 2018-02-13
Agency: Department of Defense, Department of the Army, Corps of Engineers
Pursuant to the requirements of section 102(2)(C) of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New York District (Corps) is preparing an integrated Feasibility Report/Tiered Environmental Impact Statement (EIS) for the proposed New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study (NYNJHAT). The study is assessing the feasibility of coastal storm risk management alternatives to be implemented within the authorized study area with a specific emphasis on the New York New Jersey Harbor, including Raritan Bay, the tidally- affected stretches of the Passaic and Hackensack Rivers, and the Hudson River to Troy, New York.
Definition of “Waters of the United States”-Addition of an Applicability Date to 2015 Clean Water Rule
Document Number: 2018-02429
Type: Rule
Date: 2018-02-06
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers
The Environmental Protection Agency and the Department of the Army (``the agencies'') are publishing a final rule adding an applicability date to the ``Clean Water Rule: Definition of `Waters of the United States' '' published June 29, 2015 (the ``2015 Rule'') of February 6, 2020. On August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the applicability of the 2015 Rule in the 13 States challenging the 2015 Rule in that court. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court. On January 22, 2018, the Supreme Court held that the courts of appeals do not have original jurisdiction to review challenges to the 2015 Rule. With this final rule, the agencies intend to maintain the status quo by adding an applicability date to the 2015 Rule and thus providing continuity and regulatory certainty for regulated entities, the States and Tribes, and the public while the agencies continue to consider possible revisions to the 2015 Rule.
Inland Waterways Users Board Meeting Notice
Document Number: 2018-02298
Type: Notice
Date: 2018-02-06
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's website at http:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Board on Coastal Engineering Research
Document Number: 2018-02294
Type: Notice
Date: 2018-02-06
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Board on Coastal Engineering Research. This meeting is open to the public.
Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408
Document Number: 2018-02207
Type: Notice
Date: 2018-02-05
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) is proposing to issue an Engineer Circular (EC), which is an agency policy document that will provide the policies and procedures related to how USACE will process certain requests by others to alter a USACE civil works project pursuant to Section 14 of the Rivers and Harbors Act of 1899, as amended (more commonly referred to as Section 408). This notice announces the availability of the draft EC for comment. The comment period on the draft document starts with the publication of this notice in the Federal Register and will last for 30 days. The draft EC is available for review on the USACE Section 408 website (http:// www.usace.army.mil/Missions/Civil-Works/Section408/) and at http:// www.regulations.gov reference docket number COE-2018-0003.
Intent To Prepare a Draft Integrated Environmental Impact Statement (EIS) for the New Jersey Back Bays (NJBB) Coastal Storm Risk Management (CSRM) Feasibility Study
Document Number: 2017-27952
Type: Notice
Date: 2017-12-27
Agency: Department of Defense, Department of the Army, Corps of Engineers
The action being taken by the U.S. Army Corps of Engineers (USACE) is an evaluation of CSRM problems, and an evaluation of alternative structural, non-structural, and natural and nature-based feature (NNBF) measures to address the CSRM problems in the coastal communities of the New Jersey Back Bays and Coastal Lakes in Monmouth, Ocean, Burlington, Atlantic, and Cape May Counties, New Jersey. The purpose of any consequent work would be to implement any one or a number of recommended plans and/or strategies that address CSRM problems evaluated in the feasibility study and integrated environmental impact statement.
Meeting of the Chief of Engineers Environmental Advisory Board
Document Number: 2017-27585
Type: Notice
Date: 2017-12-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Chief of Engineers, Environmental Advisory Board (EAB). This meeting is open to the public. For additional information about the EAB, please visit the committee's website at http://www.usace.army.mil/Missions/ Environmental/EnvironmentalAdvisoryBoard.aspx.
Availability of Elizabeth River and Southern Branch Navigation Improvements Draft General Reevaluation Report/Environmental Assessment
Document Number: 2017-26724
Type: Notice
Date: 2017-12-12
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) in association with the nonfederal sponsor, the Virginia Port Authority, an agent of the Commonwealth of Virginia, announces the availability of the Elizabeth River and Southern Branch Navigation Improvements Draft General Reevaluation Report/Environmental Assessment (GRR/EA) for public review and comment. The purpose of this Draft GRR/EA is to evaluate alternatives that have the potential to improve the current and future operational efficiency of commercial vessels currently using the Norfolk Harbor federal channel in the Elizabeth River. Channel deepening alternatives were evaluated as well as the No Action/Future without Project Alternative. Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the USACE developed the draft GRR/EA to examine and assess the impacts of the project alternatives and determined that implementation of the Proposed Action would not result in significant impacts.
Notice of Intent To Prepare a Joint Environmental Impact Statement/Environmental Impact Report for the San Francisco Bay to Stockton General Reevaluation Report, San Francisco Bay, California
Document Number: 2017-26051
Type: Notice
Date: 2017-12-04
Agency: Department of Defense, Department of the Army, Corps of Engineers
In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) South Atlantic Division and the Port of Stockton are preparing an Environmental Impact Statement and Environmental Impact Report (EIS/EIR) to evaluate the efficiency of the movement of goods along the existing deep-draft navigation route extending from the Golden Gate, through San Pablo Bay and Carquinez Strait, to deep draft facilities at Avon, California. This Notice of Intent (NOI) represents a supplemental notice to the March 4, 2016, NOI released for the San Francisco Bay to Stockton Navigation Improvement Study. This supplemental NOI is being released to notify the public that the study scope has been reduced to only consider improvements within the portion of the navigation project extending from San Francisco Bay to Avon. Work is now being conducted on an EIS/EIR with a reduced scope and project footprint, which is anticipated to be issued for public review in 2018. This NOI also re- opens the public scoping period. The 2016 NOI proposed to deepen the John F. Baldwin channel from the West Richmond Channel through the Pinole Shoal Channel, Bulls Head Reach and Suisun Bay Channel to New York Slough Channel to a maximum depth of 45 feet mean lower low water (MLLW) and the Stockton Deep Water Ship Channel to a maximum depth of 40 feet MLLW. As of September, 2017, the portion of the authorized navigation project to the east of Avon is no longer under consideration for formulation of navigation improvements. The revised study area extends from Central San Francisco Bay to Avon only and includes the West Richmond Channel, Pinole Shoal Channel, and Bulls Head Reach portion of the Suisun Bay Channel (west of Avon). The current authorized depth of this study area is 45 feet mean lower low water (MLLW), but is currently maintained at 35 feet MLLW. The forthcoming EIS/EIR is a single purpose navigation improvement project to evaluate incremental deepening to a maximum depth of 38 feet MLLW within the channel reaches of the revised study area only.
Report on Potential Actions To Reduce Regulatory Burdens on Domestic Energy Production
Document Number: 2017-25554
Type: Proposed Rule
Date: 2017-11-28
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) has issued a report that examined actions it could take to modify existing regulations that potentially burden the development and use of domestically produced energy resources, such as oil, natural gas, coal, and nuclear energy, as well as renewable energy. The report was required by Executive Order 13783, Promoting Energy Independence and Economic Growth. The report identifies changes that could be made to several nationwide permits that authorize activities under section 10 of the Rivers and Harbors Act of 1899 and section 404 the Clean Water Act that are associated with domestic energy production and use.
Definition of “Waters of the United States”-Addition of an Applicability Date to 2015 Clean Water Rule
Document Number: 2017-25321
Type: Proposed Rule
Date: 2017-11-22
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers
The Environmental Protection Agency and the Department of the Army (``the agencies'') are proposing to add an applicability date to the ``Clean Water Rule: Definition of `Waters of the United States''' (the ``2015 Rule'') to two years from the date of final action on this proposal. On October 9, 2015, the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court, but the Supreme Court is currently reviewing the question of whether the court of appeals has original jurisdiction to review challenges to the 2015 Rule. On February 28, 2017, the President signed an Executive Order, ``Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.'' With this proposed rule, the agencies intend to maintain the status quo by proposing to add an applicability date to the 2015 Rule and thus provide continuity and regulatory certainty for regulated entities, the States and Tribes, agency staff, and the public while the agencies continue to work to consider possible revisions to the 2015 Rule.
Notice of Intent To Prepare an Environmental Impact Statement for the Byram River Basin Flood Risk Management Study
Document Number: 2017-25273
Type: Notice
Date: 2017-11-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
Pursuant to the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New York District (Corps) in partnership with the Town of Greenwich as the non-federal sponsor, is preparing an integrated Feasibility Report/Environmental Impact Statement (FR/EIS) for the proposed Byram River Basin Flood Risk Management Feasibility Study. The study is assessing the feasibility of flood risk management alternatives to be implemented within the congressionally authorized study area with a specific emphasis on the Town of Greenwich, Fairfield County, Connecticut and Port Chester, Westchester County, New York.
Notice of a Public Meeting for The Great Lakes and Mississippi River Interbasin Study-Brandon Road Draft Integrated Feasibility Study and Environmental Impact Statement-Will County, Illinois and Extension of Public Comment Period
Document Number: 2017-25272
Type: Notice
Date: 2017-11-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Rock Island and Chicago Districts, U.S. Army Corps of Engineers (USACE), will host a public meeting in New Orleans, Louisiana to discuss the draft report titled The Great Lakes and Mississippi River Interbasin StudyBrandon Road Draft Integrated Feasibility Study and Environmental Impact StatementWill County, Illinois and receive input regarding this study.
United States Air Force 81st Security Forces Anti-Terrorism Office, Restricted Area, Keesler Air Force Base, Biloxi, Mississippi
Document Number: 2017-24892
Type: Proposed Rule
Date: 2017-11-16
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is proposing to establish a no anchorage restricted area within waters along the Back Bay of Biloxi shoreline of the Keesler Air Force Base (KAFB) located in Biloxi, Mississippi, on behalf of a request by the United States Air Force (USAF) 81st Security Forces Anti-Terrorism Office. The proposed no anchorage restricted area will be established by placing 12 buoys to demarcate the approximately 10,000 feet of shoreline east to west and extend approximately 150 feet from the shoreline of the base. The proposed restricted area is essential to address a major anti-terrorism and safety concern due to the lack of perimeter fencing or physical denial system.
United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, Wisconsin
Document Number: 2017-24890
Type: Rule
Date: 2017-11-16
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers published a document in the Federal Register on May 24, 2011, amending its regulations to establish a restricted area in the Menominee River at the Marinette Marine Corporation Shipyard in Marinette, Wisconsin. The Corps published correcting amendments in the Federal Register on April 4, 2012, which corrected latitude and longitude coordinates and also revised administrative and enforcement responsibilities. The Corps is further amending these regulations to expand the existing restricted area to provide additional area of protection during the construction and launching of Littoral Combat Ships. The expansion would result in temporary encroachment within the Menominee River Federal Navigation Channel. The regulations are necessary to provide adequate protection of U.S. Navy (USN) combat vessels, their materials, equipment to be installed therein, and crew, while located at the Marinette Marine Corporation Shipyard.
Establishment of a Permanent Restricted Area for U.S. Coast Guard Yard, Baltimore, Maryland, in Curtis Creek and Arundel Cove
Document Number: 2017-24888
Type: Proposed Rule
Date: 2017-11-16
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Corps of Engineers is proposing to establish a permanent restricted area for the U. S. Coast Guard in waters of Curtis Creek and Arundel Cove located in Baltimore, Maryland. The establishment of the restricted area is necessary to reflect the current security needs at U. S. Coast Guard Yard (CG Yard), Baltimore, Maryland, including the protection of Coast Guard-wide military assets. The CG Yard is the Coast Guard's only shipyard and its largest industrial facility. It performs major ship, electronics, and heavy weapons overhaul, repair, and manufacture. The CG Yard is also the host command for various Coast Guard commands supporting local and nationwide Coast Guard missions.
Availability of the Final Environmental Impact Statement for the Lower Bois d'Arc Creek Reservoir Project, Fannin County, TX
Document Number: 2017-24396
Type: Notice
Date: 2017-11-09
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) Tulsa District has prepared a Final Environmental Impact Statement (FEIS) to analyze the direct, indirect, and cumulative effects of the construction of the proposed Lower Bois d'Arc Creek Reservoir (LBCR) and related actions proposed by the North Texas Municipal Water District (NTMWD) in Fannin County, Texas. The Proposed Action is a regional water supply project intended to provide up to 175,000 acre-feet/year (AFY), with an estimated firm yield of 120,665 AFY, of new water for NTMWD's member cities and direct customers in all or portions of nine counties in northern TexasCollin, Dallas, Denton, Fannin, Hopkins, Hunt, Kaufman, Rains, and Rockwall. Construction of the reservoir and related facilities would result in permanent impacts to approximately 5,874 acres of wetlands, 651,140 linear feet of streams, and 78 acres of open waters. This action requires authorization from the USACE under Section 404 of the Clean Water Act. The Section 404 permit applicant is the NTMWD.
Availability of Norfolk Harbor Navigation Improvements Draft General Reevaluation Report/Environmental Assessment
Document Number: 2017-24395
Type: Notice
Date: 2017-11-09
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) in association with the nonfederal sponsor, the Virginia Port Authority, an agent of the Commonwealth of Virginia, announces the availability of the Norfolk Harbor Navigation Improvements Draft General Reevaluation Report/ Environmental Assessment (GRR/EA) for public review and comment. The purpose of this Draft GRR/EA is to identify whether the original authorized plan is still in the federal interest and to evaluate alternatives that have the potential to improve the current and future operational efficiency of commercial vessels currently using the Norfolk Harbor. Channel deepening and widening alternatives were evaluated as well as the No Action/Future Without Project Alternative. Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the USACE developed the draft GRR/EA to examine and assess the impacts of the project alternatives and determined that implementation of the Proposed Action would have not have significant impacts. This study was authorized by Section 216 of the Flood Control Act of 1970 (Pub. L. 91-611), which authorizes the review of completed federal projects in the interest of navigation and related purposes to determine the feasibility of further port deepening.
Notice of Intent To Prepare a Draft Environmental Impact Statement for the Drawdown and Habitat Enhancement of East Lake Tohopekaliga in Osceola County, Florida
Document Number: 2017-23977
Type: Notice
Date: 2017-11-03
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Jacksonville District, Cocoa Permits Section field office, has received a request for Department of the Army (DA) authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act of 1899, from the Florida Fish and Wildlife Conservation Commission (FWC) for activities associated with the proposed drawdown, vegetation removal, and demucking of East Lake Tohopekaliga (ELT) to improve habitat conditions for fish and wildlife. The drawdown would require a deviation to the Water Control Plan for ELT and a DA permit for proposed fill in waters of the United States.
Availability of the Draft Integrated City of Norfolk Coastal Storm Risk Management Feasibility Study Report/Environmental Impact Statement, Norfolk, VA
Document Number: 2017-23968
Type: Notice
Date: 2017-11-03
Agency: Department of Defense, Department of the Army, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) Norfolk District, in cooperation with our non-federal sponsor, the City of Norfolk, announce the availability of a Draft Integrated Feasibility Report and Environmental Impact Statement (Draft IFR/EIS) for the City of Norfolk Coastal Storm Risk Management Feasibility Study, for review and comment. The study evaluates identified flood risks and develops and evaluates coastal storm risk management measures for the City of Norfolk. These measures were formulated to reduce flood risk to residents, industries and businesses which are critical to the Nation's economy in ways that support the long-term resilience due to sea level rise, local subsidence and storms, within the City of Norfolk. Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the USACE determined that the project has the potential to have significant environmental impacts, and developed the draft EIS to examine and assess the impacts of all proposed action.
Inland Waterways Users Board Meeting Notice
Document Number: 2017-23633
Type: Notice
Date: 2017-10-31
Agency: Department of Defense, Department of the Army, Corps of Engineers
Due to circumstances beyond the control of the Designated Federal Officer and the Department of Defense, the Inland Waterways Users Board was unable to provide public notification changing the meeting location of its meeting of November 3, 2017, which was previously announced in the Federal Register on September 29, 2017 (82 FR 45583). Accordingly, the Advisory Committee Management Officer for the Department of Defense, waives the 15-calendar day notification requirement. The notice of an open meeting scheduled for November 3, 2017 published in the Federal Register on September 29, 2017 (82 FR 45583) has a new meeting location. It will now be held at the U.S. Army Corps of Engineers Vicksburg District Office Building, main Multi-purpose Conference Room, 4155 East Clay Street, Vicksburg, MS 39183.
Environmental Impact Statement Withdrawal and Availability of an Environmental Assessment for the Souris River Basin Flood Risk Management Feasibility Study, Ward County, North Dakota
Document Number: 2017-23318
Type: Notice
Date: 2017-10-26
Agency: Department of Defense, Department of the Army, Corps of Engineers
In accordance with the National Environmental Policy Act (NEPA), on September 18, 2016, the St. Paul District, U.S. Army Corps of Engineers (Corps) initiated the Environmental Impact Statement (EIS) process to identify and analyze potential impacts associated with flood risk management measures evaluated within a Federal feasibility study for the Souris River Basin within the continental United States. Currently, the Corps has identified a Tentatively Selected Plan (TSP) that includes a high-flow diversion and a 1200-ft long levee. However, preliminary analysis of the TSP indicate no significant impacts are expected, therefore the Corps is terminating the EIS process and is withdrawing the Notice of Intent published in the Thursday, September 18, 2016 issue of the Federal Register. In its place, a draft integrated Feasibility Report and Environmental Assessment (FR/EA) will be available for a 30-day public comment period beginning October 30, 2017.
Notice of Availability of a Draft Integrated General Reevaluation Report and Environmental Assessment and Draft Finding of No Significant Impact for the Proposed Lower Pajaro River Flood Risk Management Project, Monterey and Santa Cruz Counties, CA
Document Number: 2017-23276
Type: Notice
Date: 2017-10-26
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), San Francisco District, announces the availability for review and comment of the draft integrated General Reevaluation Report and Environmental Assessment (GRR/EA) and the draft Finding of No Significant Impact (FONSI) for the proposed Pajaro River Flood Risk Management Project, Monterey and Santa Cruz Counties, CA., USACE Procedures for Implementing [the National Environmental Policy Act] NEPA, notice of the availability of this draft GRR/EA and draft FONSI for review and comment is being provided to agencies, organizations, and the interested public.
Availability of a Draft Integrated Feasibility Report (Feasibility Report/Environmental Impact Statement), Aliso Creek Mainstem Ecosystem Restoration Study, Orange County, California
Document Number: 2017-23154
Type: Notice
Date: 2017-10-25
Agency: Department of Defense, Department of the Army, Corps of Engineers
The comment period for the Availability of a Draft Integrated Feasibility Report (Feasibility Report/Environmental Impact Statement), Aliso Creek Mainstem Ecosystem Restoration Study, Orange County, CA published in the Federal Register on Friday, September 29, 2017 and required comments be submitted by November 13, 2017. The comment period has been extended to November 28, 2017.
Inland Waterways Users Board Meeting Notice
Document Number: 2017-23153
Type: Notice
Date: 2017-10-25
Agency: Department of Defense, Department of the Army, Corps of Engineers
The notice of an open meeting scheduled for November 3, 2017 published in the Federal Register on September 29, 2017 (82 FR 45583) has a new meeting location. It will now be held at the U.S. Army Corps of Engineers Vicksburg District Office Building, main Multi-purpose Conference Room, 4155 East Clay Street, Vicksburg, MS 39183.
United States Navy Danger Zone, East Pearl River, Within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, Mississippi
Document Number: 2017-23004
Type: Rule
Date: 2017-10-24
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers published a document in the Federal Register on December 14, 2016, proposing to revise its regulations to establish a danger zone in the East Pearl River within the acoustic buffer of NASA's John C. Stennis Space Center on the East Pearl River, in Hancock County, Mississippi. The Navy requested establishment of a danger zone on waterways and tributaries of the East Pearl River that are used by Naval Special Warfare units to conduct riverine training exercises. The purpose of the danger zone is to ensure public safety by restricting access within the danger zone during training events.
Civil Monetary Penalty Inflation Adjustment Rule
Document Number: 2017-22218
Type: Rule
Date: 2017-10-13
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties under the Clean Water Act (CWA) and the National Fishing Enhancement Act to account for inflation. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act), which requires agencies to adjust the levels of civil monetary penalties with an initial ``catch-up'' adjustment followed by annual adjustments for inflation. The Inflation Adjustment Act prescribes a formula for adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. Using the adjustment criteria provided in the Inflation Adjustment Act for the initial ``catch-up'' adjustment and the December 16, 2016, Office of Management and Budget Memorandum regarding the ``Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015'', the 2016 catch-up adjustment and 2017 annual adjustment for inflation will increase the Class I civil penalty under Section 309 of the Clean Water Act to $20,966 per violation, and the maximum civil penalty increases to $52,414. The judicial civil penalty under Section 404(s) of the Clean Water Act increases to $52,414 per day for each violation. Under the National Fishing Enhancement Act, the Class I civil penalty increases to $22,957 per violation.