Department of the Army, Corps of Engineers 2017 – Federal Register Recent Federal Regulation Documents

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 https://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.
Notice of Intent To Prepare an Environmental Impact Statement for the Peckman River Basin Flood Risk Management Study
Document Number: 2017-21933
Type: Notice
Date: 2017-10-13
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/Environmental Impact Statement (EIS) laws for the proposed Peckman 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 Township of Little Falls and the Borough of Woodland Park in Passaic County, New Jersey.
Inland Waterways Users Board Meeting Notice
Document Number: 2017-20912
Type: Notice
Date: 2017-09-29
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 Web site at https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Availability of a Draft Integrated Feasibility Report (Feasibility Report/Environmental Impact Statement), Aliso Creek Mainstem Ecosystem Restoration Study, Orange County, California
Document Number: 2017-20910
Type: Notice
Date: 2017-09-29
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps), in cooperation with Orange County Public Works, Orange County, CA announces the availability of a Draft Integrated Feasibility Report (Draft IFR) including Feasibility Report and Environmental Impact Statement (EIS) for the Aliso Creek Mainstem Ecosystem Restoration Study, Orange County, CA for review and comment. The study evaluates opportunities for restoring degraded aquatic and riparian ecosystem structure and function, riverine and floodplain system connectivity, stream channel stability and protection of critical public infrastructure, including both regional water supply and wastewater conveyance pipelines along the lower Aliso Creek Mainstem in Orange County, CA. A Notice of Intent to prepare the Draft EIS was published on April 9, 2009 in the Federal Register (74 FR 16188). A public scoping meeting was conducted on May 7, 2009 in the City of Mission Viejo, CA.
Notice of Availability of The Great Lakes and Mississippi River Interbasin Study-Brandon Road Draft Integrated Feasibility Study and Environmental Impact Statement-Will County, Illinois
Document Number: 2017-20680
Type: Notice
Date: 2017-09-27
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) is extending the comment period for the report ``The Great Lakes and Mississippi River Interbasin StudyBrandon Road Draft Integrated Feasibility Study and Environmental Impact StatementWill County, Illinois'' (GLMRIS-Brandon Road) for 45 days in response to stakeholder requests for an extension, from October 2, 2017 to November 16, 2017.
Record of Decision for Final Supplement I to the Final Environmental Statement, Mississippi River Between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois
Document Number: 2017-20672
Type: Notice
Date: 2017-09-27
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), St. Louis District, is issuing this notice to advise Federal, state, and local government agencies, affected Tribes, and the public that USACE has signed a Record of Decision (ROD) for Final Supplement I to the Final Environmental Statement, Mississippi River between the Ohio and Missouri Rivers (Regulating Works). The ROD was rendered to declare that, after careful consideration of the purpose of and need for the Regulating Works Project, the analysis contained in Final Supplement I, input from the public, affected Tribes, state and Federal agencies, and other interested parties, and based on the Regulating Works Project's Congressional authority and continued benefit of remaining construction, USACE has determined that the public interest will best be served by implementing the Continue Construction Alternative (hereafter, the Selected Plan).
United States Army, Corps of Engineers; Subgroup to the DoD Regulatory Reform Task Force, Review of Existing Rules
Document Number: 2017-19627
Type: Proposed Rule
Date: 2017-09-15
Agency: Department of Defense, Department of the Army, Corps of Engineers
On July 20, 2017, the U.S. Army Corps of Engineers (the Corps) published a document in accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda.'' In that document, the United States Army, Corps of Engineers Subgroup to the DoD Regulatory Reform Task Force said it is seeking input on its existing regulations that may be appropriate for repeal, replacement, or modification. The Corps is extending the comment period by 30 days. The extension of the comment period is a result of requests from a number of entities to allow more time to submit their comments.
Intent To Prepare an Environmental Impact Statement for the Combined Operational Plan, Broward, Miami-Dade Counties, Florida
Document Number: 2017-19065
Type: Notice
Date: 2017-09-08
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Jacksonville District, U.S. Army Corps of Engineers (Corps) is beginning preparation of a National Environmental Policy Act (NEPA) assessment for the Combined Operational Plan (COP). The purpose of the COP is to define operations for the constructed features of the Modified Water Deliveries to Everglades National Park (MWD) and Canal 111 (C-111) South Dade Projects, while maintaining the congressionally authorized purposes of the Central and Southern Florida (C&SF) Project to include flood control; water supply for agricultural irrigation, municipalities and industry; regional groundwater control and prevention of saltwater intrusion; enhancement of fish and wildlife; and recreation.
Definition of “Waters of the United States”-Schedule of Public Meetings
Document Number: 2017-18214
Type: Proposed Rule
Date: 2017-08-28
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers
The Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) will hold ten teleconferences to hear from stakeholders their recommendations to revise the definition of ``Waters of the United States'' under the Clean Water Act (CWA). Nine of the teleconferences will be tailored to a specific sector, i.e., agriculture (row crop, livestock, silviculture); conservation (hunters and anglers); small entities (small businesses, small organizations, small jurisdictions); construction and transportation; environment and public advocacy (including health and environmental justice); mining; industry (energy, chemical, oil/gas); scientific organizations and academia; and stormwater, wastewater management, and drinking water agencies. One of the teleconferences will be open to the public at large. The teleconferences will run throughout the fall on Tuesdays from 1:00 p.m.-3:00 p.m. eastern time, beginning on September 19, 2017. In addition, the agencies will hold an in-person meeting with small entities on October 23, 2017 from 9:00 a.m.-11 a.m., and will accept written recommendations from any member of the public.
Definition of “Waters of the United States”-Recodification of Pre-Existing Rules; Extension of Comment Period
Document Number: 2017-17739
Type: Proposed Rule
Date: 2017-08-22
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army are extending the comment period for the proposed rule ``Definition of `Waters of the United States' Recodification of Pre-existing Rules.'' The agencies are extending the comment period for 30 days in response to stakeholder requests for an extension, from August 28, 2017 to September 27, 2017.
Intent To Prepare a Draft Environmental Impact Statement for the Coos Bay Channel Modification Project
Document Number: 2017-17483
Type: Notice
Date: 2017-08-18
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers, Portland District intends to
Definition of “Waters of the United States”-Recodification of Pre-Existing Rules
Document Number: 2017-13997
Type: Proposed Rule
Date: 2017-07-27
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 this proposed rule to initiate the first step in a comprehensive, two-step process intended to review and revise the definition of ``waters of the United States'' consistent with the Executive Order signed on February 28, 2017, ``Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.'' This first step proposes to rescind the definition of ``waters of the United States'' in the Code of Federal Regulations to re-codify the definition of ``waters of the United States,'' which currently governs administration of the Clean Water Act, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of ``waters of the United States'' promulgated by the agencies in 2015. The agencies would apply the definition of ``waters of the United States'' as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. Proposing to re-codify the regulations that existed before the 2015 Clean Water Rule will provide continuity and certainty for regulated entities, the States, agency staff, and the public. In a second step, the agencies will pursue notice-and-comment rulemaking in which the agencies will conduct a substantive re-evaluation of the definition of ``waters of the United States.''
United States Army, Corps of Engineers; Subgroup to the DoD Regulatory Reform Task Force, Review of Existing Rules
Document Number: 2017-15231
Type: Proposed Rule
Date: 2017-07-20
Agency: Department of Defense, Department of the Army, Corps of Engineers
In accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' the United States Army, Corps of Engineers Subgroup to the DoD Regulatory Reform Task Force is seeking input on its existing regulations that may be appropriate for repeal, replacement, or modification. See the Supplementary Information section below for additional guidance.
Notice of Intent To Prepare a Draft Environmental Impact Statement (DEIS) in Cooperation With the North Carolina Department of Transportation and South Carolina Department of Transportation for Extending SC 31 (Carolina Bays Parkway), in Horry County, South Carolina, To Connect to US 17, in Brunswick County, North Carolina
Document Number: 2017-14214
Type: Notice
Date: 2017-07-06
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers, Wilmington District, Wilmington Regulatory Division and the U.S. Army Corps of Engineers, Charleston District, Charleston Regulatory Division (collectively COE) are issuing this notice to advise the public that a State (North Carolina Department of Transportation [NCDOT] and South Carolina Department of Transportation [SCDOT]) funded Draft Environmental Impact Statement (DEIS) will be prepared for improvements to SC 31 starting near Little River, Horry County, South Carolina and running northeast to US 17, in an area between Calabash and Shallotte, Brunswick County, North Carolina. This project is called the ``Carolina Bays Parkway Extension'' and is NCDOT Project 44604 and SCDOT Project P029554. In accordance with the National Environmental Policy Act (NEPA), the COE is the lead Federal agency responsible for the preparation of the DEIS. Information included in the DEIS will serve as the basis for the COE's evaluation of the proposed project pursuant to Section 404 of the Clean Water Act (CWA). As directed by CEQ regulations implementing NEPA, the COE will cooperate with the NCDOT to the fullest extent possible to reduce duplication between NEPA and the North Carolina Environmental Policy Act of 1971 (SEPA). Therefore, the DEIS will also serve as the basis for the NCDOT's evaluation of the proposed project pursuant to SEPA. The DEIS will assess the potential effects of the proposed project and a range of reasonable project alternatives on impacts to navigable waters and other waters of the United States, including wetlands. The DEIS will also provide information for Federal, State, and local agencies having other jurisdictional responsibility.
Inland Waterways Users Board Meeting Notice
Document Number: 2017-12934
Type: Notice
Date: 2017-06-21
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 Web site at https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
Meeting of the Chief of Engineers Environmental Advisory Board
Document Number: 2017-12508
Type: Notice
Date: 2017-06-16
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 Web site at https://www.usace.army.mil/Missions/ Environmental/EnvironmentalAdvisoryBoard.aspx.
Availability of a Final Feasibility Study With Integrated Environmental Impact Statement, Ala Wai Canal Project, Oahu, HI
Document Number: 2017-10719
Type: Notice
Date: 2017-05-26
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) announces the availability of a Public Review Final Feasibility Study with Integrated Environmental Impact Statement (EIS), for the Ala Wai Canal Project, Oahu, Hawaii. The Final Feasibility Study/EIS evaluates alternatives to manage flood risk within the Ala Wai watershed, which includes the neighborhoods of Makiki, Manoa, Palolo, Kapahulu, Moiliili, McCully, and Waikiki. It also documents the existing condition of environmental resources in areas considered for locating flood risk management features and potential impacts on those resources that could result from implementing each alternative. The State of Hawaii, Department of Land and Natural Resources is the non-Federal sponsor and the proposing agency for compliance with the Hawaii law on Environmental Impact Statements.
Termination of Intent To Prepare a Draft Environmental Impact Statement for a Feasibility Study To Investigate Hydrologic and Hydraulic Problems Threatening Navigation, Aquatic Ecosystem Habitat, Recreation, Flood Damage Reduction and Existing Infrastructure at the Three Rivers Study Site in Arkansas and Desha Counties in Southeast Arkansas
Document Number: 2017-10352
Type: Notice
Date: 2017-05-22
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Little Rock District, is issuing this notice to advise Federal, state, local governmental agencies and the public that the USACE is withdrawing its Notice of Intent (NOI) to prepare a Draft Environmental Impact Statement (EIS) for the Feasibility Study to Investigate Hydrologic and Hydraulic Problems Threatening Navigation, Aquatic Ecosystem Habitat, Recreation, Flood Damage Reduction and Existing Infrastructure at the Three Rivers Study site in Arkansas and Desha Counties in Southeast Arkansas.
Lake Eufaula Advisory Committee Meeting Notice
Document Number: 2017-10052
Type: Notice
Date: 2017-05-18
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 Lake Eufaula Advisory Committee (LEAC). The meeting is open to the public.
Board on Coastal Engineering Research
Document Number: 2017-09648
Type: Notice
Date: 2017-05-12
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.
Supplemental Notice of Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Proposed Mid-Barataria Sediment Diversion, in Plaquemines Parish, Louisiana
Document Number: 2017-08413
Type: Notice
Date: 2017-04-27
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Coastal Protection and Restoration Authority of Louisiana (CPRA) has requested approval from the U.S. Army Corps of Engineers, New Orleans District (USACE-MVN) to construct, maintain, and operate a sediment diversion structure off the right descending bank of the Mississippi River, at approximately 60.7 miles above ``Head of Passes'' in Plaquemines Parish, Louisiana. The proposed project, referred to as the Mid-Barataria Sediment Diversion (MBSD), would be designed to deliver sediment, freshwater, and nutrients from the Mississippi River into Barataria Basin. USACE-MVN intends to serve as the lead federal agency in preparing an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA). At this time, Cooperating Agencies on the EIS includes the: Environmental Protection Agency (EPA), Department of the Interior (DOI), National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and U.S. Department of Agriculture (USDA). The EIS for CPRA's proposed MBSD project will inform a permit decision for a Department of Army (DA) permit pursuant to Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act of 1899 (Section 10), and permissions under Section 14 of the Rivers and Harbors Act of 1899 (Section 408). In addition to informing USACE-MVN's decisions, the EIS will inform decisions made by the Deepwater Horizon Natural Resource Damage Assessment Louisiana Trustee Implementation Group (NRDA LA TIG) regarding restoration evaluation and related funding decisions relevant to the Deepwater Horizon natural resource damage settlement, any decision by the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA NMFS) that may be required under the Marine Mammal Protection Act (MMPA), and any additional regulatory or permit processes that may be required for the MBSD Project, to the extent practicable. USACE-MVN filed an original Notice of Intent (NOI) to prepare a DEIS for the MBSD project which was published in the Federal Register on October 4, 2013 (78 FR 61843). This Supplemental NOI serves to supplement the original NOI to update the MBSD project details, contact information for the proposed MBSD project, scoping provisions, and other pertinent information.
Withdrawal of Notice of Intent To Prepare an Environmental Impact Statement for the Gregory Canyon Landfill Project, San Diego County, California
Document Number: 2017-08429
Type: Notice
Date: 2017-04-26
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps), Los Angeles District, is issuing this notice to advise Federal, state, and local governmental agencies and the public that the Corps is withdrawing its Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Gregory Canyon Landfill Project located in San Diego County, California (Corps File No. SPL-2010-00354).
Nassau Back Bays Coastal Storm Risk Management Study-NEPA Scoping Meetings and Public Comment Period
Document Number: 2017-08095
Type: Notice
Date: 2017-04-21
Agency: Department of Defense, Department of the Army, Corps of Engineers
Pursuant to the requirements of the National Environmental Policy Act, the U.S. Army Corps of Engineers (Corps) plans to prepare a Feasibility Study with an integrated Environmental Impact Statement (EIS) to evaluate environmental impacts from reasonable project alternatives and to determine the potential for significant impacts related to reduce future flood risk in ways that support the long[hyphen]term resilience and sustainability of the coastal ecosystem and surrounding communities due to sea level rise, local subsidence and storms, and to reduce the economic costs and risks associated with largescale flood and storm events in the area known as the Atlantic Coast of New York, the Nassau County Back Bays.
Inland Waterways Users Board Meeting Notice
Document Number: 2017-07671
Type: Notice
Date: 2017-04-18
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 Web site at https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.
The Release of the Draft Environmental Impact Statement (DEIS) for the Bogue Banks Master Beach Nourishment Plan (BBMBNP), on Bogue Banks Barrier Island, Carteret County, NC
Document Number: 2017-07572
Type: Notice
Date: 2017-04-14
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 Harbor 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. 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).
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: 2017-07253
Type: Notice
Date: 2017-04-11
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 nonFederal 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.
Gulf of Mexico, Apalachicola Bay, East Bay, St. Andrew Bay and St. Andrew Sound at Tyndall Air Force Base, Florida; Restricted Areas
Document Number: 2017-06296
Type: Rule
Date: 2017-03-30
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (Corps) is amending its regulations by revising an existing restricted area regulation and establishing a new restricted area along portions of the Tyndall Air Force Base (AFB) facility shoreline that will be activated on a temporary basis. The duration of temporary restricted area activations will be limited to those periods where it is warranted or required by specific and credible security threats and will be inactive at all other times. The restricted area will be partitioned using 23 pairs of coordinates to facilitate quick geographic recognition. Tyndall AFB is surrounded on three sides by water with approximately 129 miles of unprotected coastline. This includes several areas where the lack of security or lack of restriction on access to these areas leaves Tyndall AFB personnel and resources vulnerable to security threats. This amendment is necessary to implement an enhanced threat security plan for Tyndall AFB which will allow temporary activation of one or more portions of the restricted area as necessary to provide the appropriate level of security required to address the specific and credible threat triggering the need for activation.
Availability of the Revised Draft Environmental Impact Statement for the Lower Bois d'Arc Creek Reservoir Project, Fannin County, TX
Document Number: 2017-05874
Type: Notice
Date: 2017-03-27
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE) Tulsa District has prepared a Revised Draft Environmental Impact Statement (RDEIS) 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 and 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 (CWA). The Section 404 of the CWA permit applicant is the NTMWD. The RDEIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the USACE's regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325 (with associated Appendices B and C). The USACE, Tulsa District, Regulatory Office is the lead federal agency responsible for the RDEIS and information contained in the EIS will serve as the basis for a decision whether or not to issue a Section 404 of the CWA permit. It also provides information for Federal, State and local agencies having jurisdictional responsibility for affected resources.
Intention To Review and Rescind or Revise the Clean Water Rule
Document Number: 2017-04312
Type: Proposed Rule
Date: 2017-03-06
Agency: Department of Defense, Environmental Protection Agency, Department of the Army, Corps of Engineers
In accordance with a Presidential directive, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) announces its intention to review and rescind or revise the Clean Water Rule.
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