Department of the Army, Corps of Engineers 2019 – Federal Register Recent Federal Regulation Documents

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 https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.

The Corps of Engineers is proposing to establish a permanent restricted area in the Washington Channel adjacent to Ft. McNair. Ft. McNair is the headquarters of the Army's Military District of Washington and home of the National Defense University as well as the official residence of the U.S. Army's Vice Chief of Staff. Ft. McNair requests the restricted area to fulfill Joint Base Myer-Henderson Hall (JBM-HH) security needs including HMX missions and security needs at Ft. McNair including protection of VIP quarters. The restricted area is also needed to protect public health by preventing vessels from disturbing a planned environmental remediation area located near the Fort.

The St. Paul District is proposing to reduce the hours of operation at Lock and Dam 1 from 10 hours per day, 7 days per week to 10 hours per day on weekends and holidays and 6 hours per day on Mondays and Fridays. Commercial lockages would be available by appointment only with 24 hours' notice Tuesday through Thursday during normal duty hours of 0700-1530. Proposed hours of operation are 1200- 1800 Fridays and Mondays, and 0800-1800 Saturdays, Sundays and holidays. Hours of operation at Lower St. Anthony Falls will not change. This change will help achieve the goal of providing consistent levels of operating service for all locks across the Inland Marine Transportation System (IMTS) with a consistent approach, optimizing Operations and Maintenance expenditures for these assets and extending the service life of navigation locks by optimizing usage. The navigation season on the Upper Mississippi normally begins in March and ends in December, but varies based on river conditions. Pool levels will not be affected by this change of operating hours.

The U.S. Army Corps of Engineers (USACE), Fort Worth District, is issuing this notice to advise Federal, state, and local governmental agencies and the public that USACE is withdrawing its Notice of Intent (NOI) to prepare a Draft Environmental Impact Statement (EIS) for the Potential Multipurpose Projects for Ecosystem Restoration, Flood Risk Management, and Recreation Development Within and Along Johnson Creek, in Arlington, Tarrant County, Texas. The City of Arlington, the local cost share sponsor, requested that all work associated with the EIS be terminated and that they no longer wish to pursue the Johnson Creek: A Vision of Conservation Plan.

The St. Paul District, Army Corps of Engineers (Corps) is conducting a study regarding the disposition of the Upper St. Anthony Falls Lock and Dam (USAF) located at river mile 853.9 on the Upper Mississippi River, in Hennepin County, Minnesota. The study will include an environmental assessment and consider modifications that could improve the overall quality of the environment in the public interest, including removal of federally-owned facilities. The study will evaluate three types of alternatives: (1) No action; (2) de- authorization and disposal of all federally-owned and operated facilities; and (3) partial de-authorization and disposal of features or separable elements not required for flood mitigation operations. The study will also explore opportunities to improve the overall quality and health of the environment and/or enhance recreation. It is anticipated that a preliminary draft report of the integrated Disposition Study and Environmental Assessment (EA) will be available for a minimum 30-day public comment period in the Spring of 2020. The St. Paul District of the Army Corps of Engineers is soliciting public comments on the scope of the proposed study and significant issues that should be analyzed in the EA.

In accordance with all applicable laws and regulations, the U.S. Army Corps of Engineers (USACE) plans to prepare a Feasibility Study with an integrated Environmental Impact Statement (EIS) to evaluate environmental impacts from reasonable project alternatives to protect low-lying and flood-prone areas of Miami-Dade County, Florida, from hurricanes and other coastal storms with their associated wind, storm surge, and coastal flooding.

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.

The National Wetland Plant List (NWPL) is used to delineate wetlands for purposes of the Clean Water Act and the Wetland Conservation Provisions of the Food Security Act. Other applications of the list include wetland restoration, establishment, and enhancement projects. To update the NWPL, the U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), is announcing the availability of the draft 2018 National Wetland Plant List (NWPL) and its web address to solicit public comments. The public will now have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions.

The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Clean Water Act (CWA) and the National Fishing Enhancement Act to account for inflation.

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.

The Department of the Army, Corps of Engineers published a document in the Federal Register of April 1, 2019, concerning the Portland District, U.S. Army Corps of Engineers intending to prepare an Environmental Impact Statement to address the continued operations and maintenance of the Willamette Valley System. The document contained an incorrect website address.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), New Orleans District intends to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) for the Draft Environmental Impact Statement (DEIS) to assess the potential social, economic, and environmental impacts associated with the proposed project titled, South Central Coast Louisiana Flood Risk Management Feasibility Study. 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.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, New Orleans District (USACE) intends to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) to assess the potential social, economic, and environmental impacts associated with the proposed project titled, ``Amite River and TributariesEast of the Mississippi River, Louisiana, Flood Risk Management Feasibility Study.'' The DIFR-EIS will document the existing conditions of environmental resources in and around areas considered for construction, and potential impacts on those resources as a result of implementing the alternatives.

Pursuant to the requirements of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations, the U.S. Army Corps of Engineers (USACE) Detroit District, announces its intent to conduct public scoping and solicit public comments to gather information to prepare a draft Environmental Impact Statement (EIS) on behalf of the Great Lakes Fishery Commission (GLFC) related to the proposed Grand River Habitat Restoration and Invasive Species Control Project in Grand Rapids, Michigan. The project must provide a means to block sea lamprey from moving upstream, as this invasive species is currently blocked by the existing 6th Street Dam in the Grand River, must maintain or reduce the current risk of flooding upstream, and must provide for fish passage into upstream areas. If implemented, the project is expected to adversely impact existing healthy mussel population, which includes the federally-listed endangered scaleshell and snuffbox mussels as well as a number of state-listed mussel species.

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 EIS for the proposed New Jersey Back Bay (NJBB) Coastal Storm Risk Management (CSRM) Feasibility Study. The original NOI to Prepare an EIS was published in the Federal Register on Wednesday, December 27, 2017.

The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Atlantic Ocean south of the entrance to the Chesapeake Bay off of the coast of Virginia. For decades, the Dam Neck Surface Danger Zone (SDZ) served as a firing range for gunnery training at what is now Naval Air Station Oceana's Dam Neck Annex. While the Navy continues to use the SDZ for training, fixed-mount gunnery operations have not been conducted there for over 30 years. The proposed amendment is necessary to accurately identify the hazards associated with training and mission operations to protect the public. The proposed amendment will identify the area within the current danger zone boundary where live fire exercises are no longer conducted and no restriction to surface navigation exists. In addition, the proposed amendment will remove references to live fire range conditions and safety procedures as shore-to-sea gunnery operations are no longer conducted.

The U.S. Army Corps of Engineers (Corps) in cooperation with the Orange County Water District announces the availability of a Draft Feasibility Report and Environmental Impact Statement/Environmental Impact Report (FR/EIS/EIR) for the Prado Basin Ecosystem Restoration and Water Conservation Integrated Feasibility Study for review and comment. The study area is located within and downstream of Prado Dam Reservoir and includes portions of Riverside, San Bernardino and Orange Counties, California. The study evaluates alternatives for the restoration of degraded ecosystem structure, function, and dynamic processes to a less degraded, more natural condition within Prado Dam Reservoir and the Santa Ana River downstream of the dam. The study also includes water conservation through re-operation of Prado Dam to capture, retain and release additional water volumes impounded during flood risk management operations. Details of the potential ecosystem restoration measures, water conservation plan and an array of alternatives are identified in the Draft FR/EIS/EIR. Four alternatives are evaluated in the Draft FR/EIS/EIR, including the No Federal Action/ No Project Alternative. Potential environmental impacts associated with these project alternatives are addressed in the Draft FR/EIS/EIR. A Notice of Intent for the EIS/EIR was published on November 16, 2012 (73 FR 72455).

On December 11, 2018, the Environmental Protection Agency and the U.S. Department of the Army (the agencies) signed a proposed rule revising the definition of ``waters of the United States'' to clarify the scope of waters federally regulated under the Clean Water Act. The agencies are announcing that a public hearing will be held in Kansas City, Kansas on February 27 and 28, 2019, to provide interested parties the opportunity to present data, views, or information concerning the proposed rule. The pre-publication version of this proposal can be found at https://www.epa.gov/wotus-rule/step-two-revise.

The U.S. Army Corps of Engineers (USACE), Rock Island and Chicago Districts, are extending the comment period for the report ``The Great Lakes and Mississippi River Interbasin Study (GLMRIS)Brandon Road Integrated Feasibility Study and Environmental Impact Statement (EIS)Will County, Illinois,'' (Final GLMRIS-Brandon Road Report & EIS) for 46 days in response to stakeholder requests for an extension, from January 7, 2019 to February 22, 2019.

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 https://www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.