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

The U.S. Army Corps of Engineers (USACE) is extending the scoping period through November 26, 2020. The scoping period was originally scheduled to end on October 26, 2020.

The US Army Corps of Engineers (USACE) requests comments on the alternatives considered to date by the Buffalo Bayou and Tributaries, Texas Resiliency Study (BBTRS) to help inform the Study Team's recommendation to the Chief of Engineers on reducing the flood risk along Buffalo Bayou and its tributaries in Harris and Fort Bend counties, Texas. An Interim Report has been prepared to document alternatives considered to date. The Interim Report, which does not include recommendations or decisions, is being published to solicit input from the public. Seeking this public input prior to identifying a preferred alternative will help ensure the analysis of a complex problemand ultimately decisionsare effective, responsive, sustainable and understood by the region's communities.

Nationwide Permits (NWPs) authorize certain activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The U.S. Army Corps of Engineers (Corps) is proposing to reissue its existing NWPs and associated general conditions and definitions, with some modifications. We are also proposing to issue five new NWPs. Two of those proposed new NWPs would authorize certain categories of mariculture activities (i.e., seaweed and finfish mariculture) that are not authorized by NWP 48. We are proposing to divide the current NWP that authorizes utility line activities (NWP 12) into three separate NWPs that address the differences in how different linear projects are constructed, the substances they convey, and the different standards and best management practices that help ensure those NWPs authorize only those activities that have no more than minimal adverse environmental effects. Specifically, we are proposing to modify the current utility line NWP 12 to authorize only oil and natural gas pipeline activities. Two proposed new NWPs would authorize activities associated with the construction, maintenance, repair, and removal of electric utility lines/telecommunication lines and utility lines that convey water, sewage, and other substances. The fifth proposed new NWP would authorize discharges of dredged or fill material into jurisdictional waters for the construction, expansion, and maintenance of water reuse and reclamation facilities. We are proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirement that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects. The Corps is requesting comment on all aspects of these proposed nationwide permits.

The U.S. Army Corps of Engineers (USACE), Baltimore District, is notifying interested parties that it has withdrawn the notice of intent (NOI) to develop an EIS for the proposed Upper Susquehanna River Basin, New York, Comprehensive Flood Damage Reduction Feasibility Study.

The Department of Defense (DoD) published a notice on July 6, 2020 that announced the third meeting of the Table Rock Lake Oversight Committee was to take place on July 16, 2020. In addition, Meeting 4 would also be rescheduled. DoD is publishing this notice to announce the revised schedule for Meeting 4 of the Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC).

The U.S. Army Corps of Engineers Sacramento District (USACE), as the lead agency under the National Environmental Policy Act (NEPA), will prepare an Environmental Impact Statement (EIS) for construction of the Delta Conveyance Project. The California Department of Water Resources (DWR) is the project proponent and will be referred to hereafter as the Applicant. The EIS will analyze the Applicant's proposed action to construct new conveyance facilities in the Sacramento-San Joaquin Delta (Delta) which includes intake facilities on the Sacramento River, tunnel reaches and tunnel shafts, a southern forebay and pumping plant, and south Delta Conveyance facilities that would connect to the existing State Water Project (SWP) infrastructure.

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.

The Department of Defense (DoD) published a notice on April 17, 2020 that announced the third meeting of the Table Rock Lake Oversight Committee, which was to take place on Wednesday, May 6, 2020 from 8:00 a.m. to 5:00 p.m., had been cancelled due to concerns with COVID-19/State of Missouri ``Stay-at-Home'' order. The notice stated the meeting would be re-scheduled at a later date, along with meeting four. DoD is publishing this notice to announce the revised schedule for Meeting 3 of the Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC).

The Department of the Army is publishing this notice to announce the Federal advisory committee online virtual 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.

The U.S. Army Corps of Engineers, Philadelphia District, Planning Division is notifying interested parties that it has withdrawn the Notice of Intent (NOI) to develop an environmental impact statement (EIS) for the proposed Nassau County Back Bay (NCBB) Coastal Storm Risk Management (CSRM) Feasibility Study. The original NOI to prepare an EIS was published in the Federal Register on Friday, April 21, 2017. An Environmental Assessment (EA) will be prepared instead of an EIS.

The U.S. Army Corps of Engineers, New York District, Planning Division is notifying interested parties that it is withdrawing the Notice of Intent (NOI) to develop an EIS for the NYNJHAT Coastal Storm Risk Management (CSRM) Feasibility Study. The NOI to Prepare an EIS was published in the Federal Register on January 13, 2020.

Section 7001 of Water Resources Reform and Development Act (WRRDA) 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.

On February 6, 2020, the Department of Defense (DoD) published an updated notice that announced the third meeting of the Table Rock Lake Oversight Committee, which was to take place on Wednesday, May 6, 2020 from 8:00 a.m. to 5:00 p.m. DoD is publishing this notice to announce that this federal advisory committee meeting has been cancelled due to COVID-19 concerns (the State of Missouri is under ``Stay at Home'' orders) and will be re- scheduled at a later date, along with meeting four.

The U.S. Army Corps of Engineers (Corps), Galveston District, has received a permit application for a U.S. Department of the Army (DA) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act from Dow Chemical Company (Dow) (SWG-2016-01027) for the Harris Reservoir Expansion Project (proposed Project). The proposed Project site is located between the Brazos River and Oyster Creek approximately 8 miles northwest of the City of Angleton in Brazoria County, Texas. The primary federal involvement associated with the proposed action (proposed Project) is the discharge of dredged or fill material into waters of the United States (U.S.), and the construction of structures and/or work that may affect navigable waters. Federal authorizations for the Project would constitute a major federal action. Based on the potential impacts, both individually and cumulatively, the Corps intends to prepare an environmental impact statement (EIS) in compliance with the National Environmental Policy Act (NEPA) to render a final decision on the permit applications. The Corps' decision will be to issue, issue with modification, or deny DA permits for the proposed action. The EIS will assess the potential social, economic, and environmental impacts of the construction and operation of the proposed project, and is intended to be sufficient in scope to address federal, state, and local requirements; environmental and socioeconomic issues concerning the proposed action; and permit reviews.

The U.S. Army Corps of Engineers (USACE), Sacramento District, and the Central Valley Flood Protection Board is preparing a Draft Supplemental Environmental Impact Statement/Environmental Impact Report (Draft Supplemental EIS/EIR) for the Sacramento Weir widening component of the American River Watershed Common Features (ARCF) Levee Improvement Project authorized by the Water Resources Development Act of 2016. This Draft Supplemental EIS/EIR supplements the ARCF General Reevaluation Report (GRR) Final EIS/EIR. The Proposed Action includes constructing a 1,500-foot-long passive weir, with associated levee, roadway, rail bridge, and fish passage improvements adjacent to the existing Sacramento Weir at the junction of the Sacramento River and Sacramento Bypass. Conceptual components of the Proposed Action were analyzed in the ARCF GRR Final EIS/EIR but some elements of the Proposed Action (passive weir design and fish passage structure) were not analyzed in the ARCF GRR Final EIS/EIR because final designs are still in progress. USACE has now developed two alternative project designs in sufficient detail to analyze their environmental effects: A passive weir structure with a crest elevation at 26 feet on the North American Vertical Datum of 1988 (NAVD88) (the Proposed Action), and a passive weir structure with a crest elevation at 26 feet NAVD88, with stop logs to raise the crest elevation to 29.8 feet NAVD88 (the Higher Weir Elevation Alternative). Both design alternatives would reduce the flood risk in and around the cities of Sacramento and West Sacramento by conveying additional Sacramento River flow during flood events into the Sacramento and Yolo Bypasses.

As a result of a policy determination by the Assistant Secretary of the Army (Civil Works), the U.S. Army Corps of Engineers (Corps) is withdrawing the proposed rule titled ``Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply,'' which was published on December 16, 2016.

The Department of Defense (DoD) published a notice that announced the second meeting of the Table Rock Lake Oversight Committee, which was to take place on Thursday, January 23, 2020 from 8:00 a.m. to 5:00 p.m., had been cancelled and would be re-scheduled at a later date, along with meetings three and four. DoD is publishing this notice to announce the revised schedule for Meetings 2, 3, and 4 of the Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC). The meetings are open to the public. Public comments are requested.

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.

Pursuant to the requirements 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 and 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 and New Jersey Harbor, including Raritan Bay, the tidally affected stretches of the Passaic and Hackensack Rivers, and the Hudson River to Troy, New York.

Pursuant to the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Philadelphia District (Corps) is preparing an integrated Feasibility Report/Tiered Environmental Impact Statement (EIS) for the proposed New Jersey Back Bays (NJBB) Coastal Storm Risk Management (CSRM) Feasibility Study. 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 back bay areas along the New Jersey Atlantic Coast extending from Cape May Inlet to Shark River Inlet including the NJ Coastal Lakes Area.

The Corps of Engineers is establishing restricted areas and danger zones 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 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 amendment increases the restricted areas and creates danger zones surrounding the existing installation and firing ranges.

The Department of the Army is publishing this notice to announce the following Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC). The meetings are open to the public. Public comments are requested.

The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are publishing a final rule to repeal the 2015 Clean Water Rule: Definition of ``Waters of the United States'' (``2015 Rule''), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. The agencies are repealing the 2015 Rule for four primary reasons. First, the agencies conclude that the 2015 Rule did not implement the legal limits on the scope of the agencies' authority under the Clean Water Act (CWA) as intended by Congress and reflected in Supreme Court cases, including Justice Kennedy's articulation of the significant nexus test in Rapanos. Second, the agencies conclude that in promulgating the 2015 Rule the agencies failed to adequately consider and accord due weight to the policy of the Congress in CWA section 101(b) to ``recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution'' and ``to plan the development and use . . . of land and water resources.'' 33 U.S.C. 1251(b). Third, the agencies repeal the 2015 Rule to avoid interpretations of the CWA that push the envelope of their constitutional and statutory authority absent a clear statement from Congress authorizing the encroachment of federal jurisdiction over traditional State land-use planning authority. Lastly, the agencies conclude that the 2015 Rule's distance-based limitations suffered from certain procedural errors and a lack of adequate record support. The agencies find that these reasons, collectively and individually, warrant repealing the 2015 Rule. With this final rule, the regulations defining the scope of federal CWA jurisdiction will be those portions of the CFR as they existed before the amendments promulgated in the 2015 Rule.

On August 8, 2019, the U.S. Army Corps of Engineers (the Corps) published a proposed rule to establish a permanent restricted area in the Washington Channel adjacent to Fort McNair in Washington, DC. The comment period ended on September 9, 2019, and we received requests to extend the comment period. As it closed prior to the publication of this document, we are reopening the comment period. Comments previously submitted do not need to be resubmitted, as they have already been incorporated into the administrative record and will be fully considered in the Corps' decision making process for this rulemaking action.

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.