Department of the Army, Corps of Engineers 2021 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (USACE) and the Federal Emergency Management Agency (FEMA) are launching a new National Levee Safety Program, authorized by the National Levee Safety Act of 2007. The purpose of the National Levee Safety Program is to improve the way levees are managed throughout the United States and its territories in order to reduce disaster suffering and improve the resiliency of communities behind levees. There are four major components that are intended to work together to accomplish the goals of the program: National Levee Safety Guidelines; Integrated Levee Management; National Levee Database and Data Collection; and Implementation Support. This notice announces the start of Phase 1 which is the solicitation of input on the purpose and scope of each of the components of the National Levee Safety Program in order to develop priorities and options for their implementation.

The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act. This proposal is consistent with the Executive Order signed on January 20, 2021, on ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,'' which directed the agencies to review the agencies' rule promulgated in 2020 defining ``waters of the United States.'' This proposed rule would meet the objective of the Clean Water Act and ensure critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States.

The U.S. Army Corps of Engineers (USACE), 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 final 2020 National Wetland Plant List (NWPL). The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.

The Corps of Engineers (Corps) is amending its regulations to establish a danger zone in the Pacific Ocean adjacent to the Mason Live-Fire Training Range Complex at Marine Corps Base, Camp Blaz on the north coast of Guam. The danger zone is located entirely within the Pacific Ocean, comprising 3,660 acres and extending approximately 2.8 miles into the ocean from the high tide line. Establishment of the danger zone will intermittently prohibit vessels from lingering in the danger zone when the range is in active use in order to ensure public safety.

Notice is hereby given that the U.S. Army Corps of Engineers (USACE), South Atlantic Division, is issuing the South Atlantic Coastal Study (SACS) Draft Report and appendices. These documents will be available to the public for review and comment beginning on October 15, 2021. The documents will be available on the South Atlantic Division's website at: https://www.sad.usace.army.mil/SACS/.

On June 9, 2021, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced their intent to revise the definition of ``waters of the United States.'' This process includes two rulemakings: A foundational rule to restore longstanding protections, and a second rulemaking process that builds on that regulatory foundation. The forthcoming foundational rule will propose to restore the regulations defining ``waters of the United States'' that were in place for decades until 2015, with updates to be consistent with relevant Supreme Court decisions. The agencies will also pursue a separate, second rulemaking process that further refines and builds upon that regulatory foundation. The agencies intend to engage with state and tribal co-regulators and the public to inform these two rulemakings. The agencies are committed to learning from the past regulatory approachesthe pre-2015 regulations and guidance, the 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule while engaging with stakeholders and crafting a refined definition of ``waters of the United States.'' This document includes a schedule for initial public meetings to hear from interested stakeholders on their perspectives on defining ``waters of the United States'' under the Clean Water Act and how to implement that definition as the agencies pursue this process. The agencies are also accepting written recommendations from members of the public and are planning further opportunities for engagement. These opportunities will include 10 geographically focused roundtables that will provide for broad, transparent, regionally focused discussions among a full spectrum of stakeholders.

The U.S. Army Corps of Engineers, Los Angeles District is notifying interested parties that it has withdrawn the notice of intent (NOI) to develop an environmental impact statement (EIS) for the proposed Lower Santa Cruz River Flood Risk Management Feasibility Study. The original NOI to prepare a EIS was published in the Federal Register on November 9, 2015. The proposed Lower Santa Cruz River Flood Risk Management Feasibility Study is being converted to a Continuing Authority Program (CAP) study.

The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Rivers and Harbors Act of 1922 (RHA), the Clean Water Act (CWA), and the National Fishing Enhancement Act (NFEA) to account for inflation.

This final rule removes the U.S. Army Corps of Engineers' part titled, ``Emergency Supplies of Drinking Water.'' This part is mostly duplicative of an equivalent part in the agency's regulations. Where it is not duplicative this part could be misleading, as its provisions have been superseded by those in the equivalent part related to emergency water supplies due to contaminated water sources. Therefore, this part can be removed from the Code of Federal regulations (CFR).

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, Jacksonville District (Corps) is beginning preparation of an Environmental Impact Statement (EIS) for the Lake Okeechobee System Operating Manual (LOSOM).

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), Charleston District, announces its intent to conduct public scoping and solicit public comments to gather information to prepare a draft Integrated Feasibility Report and Environmental Impact Statement (IFR/EIS). In April 2020, USACE released a draft Integrated Feasibility Report/Environmental Assessment (IFR/EA) with a draft mitigated Finding of No Significant Impacts (FONSI) for the Charleston Peninsula Coastal Flood Risk Management Study. After further agency analysis, review of comments received on the Draft IFR/EA, and continued refinement of the study, USACE concluded that an IFR/EIS with a Record of Decision (ROD) would fulfill NEPA compliance for the study. Comments received during the draft IFR/EA public comment period will be considered as part of the scoping process for the IFR/EIS, and do not need be resubmitted.

The Water Resources Reform and Development Act (WRRDA) of 2014 authorizes a non-federal interest to levy port or harbor dues in the form of tonnage duties or fees in conjunction with a harbor navigation project whose usable increment of the project is complete to finance the cost, construction or maintenance of the project. The Sabine-Neches Navigation District (SNND) is a political subdivision of the State of Texas and the non-federal sponsor of the Sabine-Neches Waterway Channel Improvement Project (SNWW CIP). The SNND anticipates completion of the first usable increment of the SNWW CIP in early 2021. Upon completion of the first usable increment, SNND intends to levy port or harbor dues pursuant to 33 U.S.C. 2236. Notification in the Federal Register prior to an initial levy of port or harbor dues is required by the statute.

This final rule removes the U.S. Army Corps of Engineers' part titled Water Resource Policies and Authorities: Corps of Engineers Participation in Improvements for Environmental Quality. Each removed section of this part is out-of-date and redundant of or otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the Code of Federal Regulations (CFR).

This final rule removes the U.S. Army Corps of Engineers' part titled Boards, Commissions, and Committees. This part is redundant of or otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the Code of Federal Regulations (CFR).