Department of the Army, Corps of Engineers 2022 – Federal Register Recent Federal Regulation Documents

The Corps of Engineers is proposing to amend its regulations for an existing danger zone in the waters of the Potomac River near Dahlgren, Virginia. The Naval Surface Warfare Center, Dahlgren Division (NSWCDD) operates research, development, testing, and evaluation ranges on the Potomac River using the danger zones as defined in the existing regulation. The NSWCDD range operations center controls Navy operations on the Potomac River Test Range. The purpose of this amendment is to expand the middle danger zone for ongoing infrared sensor testing for detection of airborne chemical or biological agent simulants, directed energy testing, and for operating manned or unmanned watercraft. This amendment will extend the legal authority to engage civilian watercraft for safe transit instructions in the Potomac River within the expanded middle danger zone.

Pursuant to the requirements of the National Environmental Policy Act (NEPA) of 1969, as amended, the Baltimore District of the U.S. Army Corps of Engineers (USACE), in partnership with the Maryland Department of Transportation's Maryland Port Administration, the non- federal sponsor, plans to prepare a supplemental Environmental Impact Statement (sEIS) for the Mid-Chesapeake Bay Island Ecosystem Restoration Project at James Island (Mid-Bay Island Project). The Mid- Chesapeake Islands Restoration Project recommends remote island restoration at James Island and Barren Island, both on the Eastern Shore of Maryland and in Dorchester County, MD, through the beneficial use of dredged material. The project addresses two needs: (1) the restoration of remote island habitat to benefit wildlife including a diverse assemblage of birds, fish, herpetofauna, and invertebrates; and (2) the beneficial use of dredged material from the maintenance of the approach channels to Baltimore Harbor. Remote islands, a critical ecosystem component in the Chesapeake Bay, are offshore landforms that provide isolation, lack of human disturbance, and few predators. These conditions uniquely support isolated nesting and foraging habitat for a diverse assemblage of wildlife. Extensive island habitat loss has occurred within the Mid-Chesapeake Bay, and James Island has nearly vanished. Sea level rise and related erosion, as well as land subsidence and wave action are the primary drivers of island loss. The project provides an opportunity to utilize 30 to 70 million cubic yards of clean dredged material over a 20-year period to restore 2,072 acres of remote island habitat at James Island including uplands and wetlands. The project would convert over 2,000 acres of shallow water habitat in the waters surrounding James Island to external dikes and island habitat. There are expected to be long-term changes to the aesthetics of the project area as an effect of the restoration of James Island in the landscape. The sEIS will update documentation for NEPA focused on the James Island component of the project. USACE is requesting to be provided any supporting information, analyses, and alternative identification relevant to the action being evaluated by this sEIS.

The Department of the Army is publishing this notice to announce the 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/Inland-Waterways-Users-Board/.

The U.S. Army Corps of Engineers (Corps) is amending its restricted area regulations to establish a restricted area within the Richardson Training Area on Joint Base Elmendorf-Richardson (JBER), at Eagle River. The restricted area is located in the area of navigable waters extending from the span of Bravo Bridge across Eagle River to the mouth of Eagle River at Knik Arm (Eagle River channel). Establishment of the restricted area will prevent all vessels, watercraft, and individuals from entering an active military range munitions impact area at all times, except for authorized vessels, watercraft, and individuals engaged in support of military training and management activities. The restricted area will avoid inadvertent entry into the impact area during live-fire weapons training, exposure to hazardous noise, and inadvertent encounters with unexploded ordnance.

The U.S. Army Corps of Engineers (USACE), Detroit District, is reviewing an application pursuant to section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act for a Department of the Army (DA) permit by Enbridge Energy, Limited Partnership (Enbridge) (File LRE-2010-00463-56-A19) to construct a tunnel (the Line 5 Tunnel Project) that would house a replacement segment of Enbridge's Line 5 pipeline crossing the Straits of Mackinac (Straits) in Lake Michigan. The primary Federal involvement associated with the proposed action is the discharge of dredged or fill material into waters of the United States, and the construction of structures and/or work that may affect navigable waters. Federal authorizations for the proposed project would constitute a ``major federal action.'' Based on the potential impacts of the proposed project, the USACE 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 application. The USACE is also preparing an Ethnographic/ Traditional Cultural Landscape Study as part of the EIS and its responsibilities under section 106 of the National Historic Preservation Act.

On January 21, 2022, the U.S. Army Corps of Engineers posted a notice in the Federal Register soliciting applications to fill non- federal member positions for the Committee on Levee Safety (Committee). The Committee is being formed to advise the U.S. Army Corps of Engineers and the Federal Emergency Management Agency on various aspects of developing the National Levee Safety Program. The Committee will be comprised of 14 voting members from state, local, regional, and tribal governments, as well as the private sector. In that notice, the Corps stated that applications must be submitted on or before March 22, 2022. The Corps has decided to extend the application period by 45 days.

The Department of the Army is publishing this notice to announce the 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 Assistant Secretary of the Army for Civil Works (ASACW) is soliciting applications to fill non-federal stakeholder representative member positions for the Committee on Levee Safety (Committee) in accordance with the National Levee Safety Program. The Committee on Levee Safety is being formed to advise the U.S. Army Corps of Engineers (Corps) and the Federal Emergency Management Agency (FEMA) on various aspects of developing the National Levee Safety Program. The Committee will be comprised of 14 voting members from state, local, regional, and tribal governments, as well as the private sector. This notice provides expectations for Committee members and announces the process for applying for membership on the Committee.