Department of the Army, Corps of Engineers December 2021 – Federal Register Recent Federal Regulation Documents
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Development of the National Levee Safety Program
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.
Reissuance and Modification of Nationwide Permits
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 that have no more than minimal individual and cumulative adverse environmental effects. In a proposed rule published in the September 15, 2020, issue of the Federal Register, the Corps proposed to reissue 52 existing NWPs and issue five new NWPs, plus the NWP general conditions and definitions. In a final rule published in the January 13, 2021, issue of the Federal Register, the Corps reissued 12 of the 52 existing NWPs and four of the five new NWPs, as well as the NWP general conditions and definitions. In this final rule, the Corps is reissuing the remaining 40 existing NWPs and issuing the remaining one new NWP. The NWP general conditions and definitions published in the January 13, 2021, issue of the Federal Register apply to the 41 NWPs reissued or issued in this final rule.
Revised Definition of “Waters of the United States”
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.
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