Department of the Army, Corps of Engineers 2023 – Federal Register Recent Federal Regulation Documents

The purpose of this notice is to initiate the scoping process for preparation of a joint Environmental Impact Statement (EIS)/ Environmental Impact Report (EIR) for the Port of Long Beach (Port) Pier Wind Terminal Development Project.

The U.S. Army Corps of Engineers is proposing to amend the regulations for the existing danger zone at the U.S. Marine Corps Ulupau Crater Weapons Training Range in the vicinity of Kaneohe Bay, Hawaii. The U.S. Marine Corps requested a change to the hours that weapons firing may occur. These regulations are necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the U.S. Marine Corps.

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 Department of the Army announces that, unless there is an objection, after 15 days it intends to grant an exclusive license to necoTECH, LLC., a corporation having a place of business in Culpepper, VA on United States Patent No. 10,954,161 entitled ``Performance Grade Asphalt Repair Composition,'' filed September 14, 2016, and United States Patent Pub No. 2021/0380480 filed March 22, 2021.

Section 165 of the Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged communities at 100% Federal cost. The Department of the Army is requesting pilot project proposals. The Secretary is authorized to select up to 20 pilot projects. Proposals previously submitted do not need to be resubmitted.

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 Appropriation Act of 1922 (RHA), the Clean Water Act (CWA), and the National Fishing Enhancement Act (NFEA) to account for inflation.

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), Tulsa District, announces its intent to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement (IFR- EIS) for the San Francisco Waterfront Coastal Flood Study. The study will investigate the feasibility of managing tidal and fluvial flooding and sea level rise along 7.5 miles of the San Francisco Waterfront, from Aquatic Park to Herons Head Park, in the City of San Francisco, San Francisco County, California. This notice announces USACE's intent to determine the scope of the issues to be addressed and identify the significant issues related to a proposed action.

The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Board on Coastal Engineering Research (BCER). This meeting is open to the public.

The U.S. Army Corps of Engineers is notifying interested parties that it has withdrawn the notice to solicit applications to form the Committee on Levee Safety. The original notice was published in the Federal Register on January 21, 2022. Due to stakeholder feedback, the approach for the Committee on Levee Safety is being reconsidered.

The U.S. Army Corps of Engineers (USACE) intends to prepare a draft environmental impact statement (DEIS) for the Pearl River Flood Risk Management Project in Rankin and Hinds Counties, Mississippi to analyze flood risk management plans that can be implemented under section 3104 of the Water Resources Development Act (WRDA) of 2007. This notice updates the original Notice of Intent declaring the Rankin- Hinds Pearl River Flood and Drainage Control District, the non-Federal interest (NFI) and USACE's intent to conduct a Feasibility Study and EIS process, which was published in the Federal Register on July 25, 2013. USACE is now preparing a DEIS to identify the national economic development (NED) plan by comparing the level of flood protection provided by the alternatives presented in the NFI's section 211 Study (Alternatives A and C) and two new USACE alternatives (Alternative A1 and Combination/Hybrid Plan, as allowed for by section 3104); assess the environmental acceptability and technical feasibility of the alternatives; and provide the Secretary the necessary information to choose a plan to implement. Additionally, consistent with section 1176 of WRDA 2018, the DEIS will assess potential downstream impacts to the Pearl River Basin.

Section 7001 of the Water Resources Reform and Development Act (WRRDA) of 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 U.S. Army Corps of Engineers (USACE) and the Federal Emergency Management Agency (FEMA) launched the new National Levee Safety Program, authorized by the National Levee Safety Act of 2007, in the fall of 2021. This program is different from the USACE Levee Safety Program. The purpose of the National Levee Safety Program is to improve the way levees are managed throughout the United States and its territories to reduce the impact of flooding and improve the resilience 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 2 which is the solicitation of input on draft products and resources developed based on input received during Phase 1 stakeholder engagement activities.

The U.S. Army Corps of Engineers (Corps) is amending its restricted area regulations to establish a restricted area within the explosive arc of the Six Mile Munitions Storage Area (MSA) on Joint Base Elmendorf-Richardson (JBER). The restricted area is located within the navigable waters of Knik Arm which are a part of the Six Mile MSA explosive arc, extending from the shoreline of JBER to the outward limits of the arc. Establishment of the restricted area will prevent all vessels and individuals from entering the explosive arc area of the Six Mile MSA at all times, except for authorized vessels and individuals in support of military training and management activities. This restricted area is necessary to prevent unauthorized vessels and individuals from entering the explosive arc during an inadvertent detonation, and exposure to hazardous noise and fragments from such a detonation.

The Department of the Army is publishing this notice to solicit comment on an environmental assessment of implementation of Section 165 of the Water Resources Development Act of 2020 which directs the Secretary of the Army to establish and implement a pilot program carrying out continuing authority projects in small or disadvantaged communities.

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), Jacksonville District, announces its intent to prepare an Integrated General Reevaluation Report and Environmental Impact Statement (EIS) to examine navigation improvements to the existing Tampa Harbor Federal Navigation Project. The purpose of the study is to determine the need and feasibility of deepening and/or widening the current Tampa Harbor federal navigation channel to improve vessel capacity, efficiency, and safety. Comments are being sought regarding identification of potential alternatives, information, and analysis relevant to the study for improving navigation, beneficial use of dredge material, and analyses to support evaluation of effects on the human environment and will be accepted at any time during the EIS process.

The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise Federal, State, and local governmental agencies and the public that USACE is withdrawing the notice of intent for the preparation of the DEIS pursuant to Section 203 of Water Resources Development Act (WRDA) of 1986 for the Wilmington Harbor Navigation Improvement Project Integrated Feasibility Study and Environmental Report, which was published in the Federal Register on September 12, 2019. Since publication of the NOI, the project was conditionally authorized under Section 403 of WRDA of 2020: Authorization of Projects Based on Feasibility Studies Prepared by Non-Federal Interests. USACE will be initiating a separate environmental review process for the Federal action related to the conditional authorization under Section 403 of WRDA of 2020.

The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Board on Coastal Engineering Research (BCER). This meeting is open to the public.

In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, and pursuant to the Hawaii Revised Statutes (HRS) Chapter 343 (Hawaii Environmental Policy Act (HEPA)), the Pittsburgh District, U.S. Army Corps of Engineers (Corps) is preparing a draft General Reevaluation Report/Supplemental Environmental Impact Statement (GRR/SEIS) to evaluate the opportunities to reduce the risk to life, safety and economic damages from flooding throughout the Ala Wai Watershed in Oahu, Hawaii. The Ala Wai Canal Flood Risk Management Study was authorized under Section 209 of the Flood Control Act of 1962. The study was completed in 2017 and resulted in a recommendation that was subsequently authorized for construction under Section 1401 of the Water Resources Development Act of 2018 (Authorized Project). The purpose of the GRR/SEIS is to reevaluate the Authorized Project and either confirm the Authorized Project or make a new recommendation that will include modifications to the Authorized Project. The non-Federal sponsor for this study is the City and County of Honolulu.

The U.S. Army Corps of Engineers (USACE), San Francisco District, as the lead agency under the National Environmental Policy Act (NEPA), and the California Department of Water Resources (DWR), as the lead agency under the California Environmental Quality Act (CEQA), will prepare a joint Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Searsville Watershed Restoration Project, located in San Mateo and Santa Clara Counties, California. Stanford University is the Project Applicant. The EIS/EIR will analyze Stanford's proposed project to modify Searsville Dam and Reservoir and restore reaches of Corte Madera Creek and San Francisquito Creek upstream and downstream of the dam, expand Felt Reservoir, and upgrade the existing San Francisquito Creek pump station. The purpose of the Project is to restore hydrogeomorphic processes, riparian habitat, and fish passage conditions within the upper San Francisquito Creek watershed; to avoid increasing future flood risk associated with Searsville Reservoir filling with sediment, and to replace Searsville Reservoir's historic non-potable water storage and supply while improving seismic safety at Felt Reservoir. The primary Federal involvement associated with the proposed action is the discharge of dredged or fill material into waters of the United States that would require authorization from USACE pursuant to section 404 of the Clean Water Act. Discharge of accumulated sediment from Searsville Reservoir into the lower reaches of San Francisquito Creek would also be subject to section 10 of the Rivers and Harbors Act (RHA) of 1899 in tidal reaches, and section 408 review under section 14 of the RHA in reaches that are currently under study for Federal flood risk management projects.

The Assistant Secretary of the Army for Civil Works (ASA (CW)) is seeking public comment on any provisions in the Water Resources Development Act (WRDA) of 2022. The Office of the ASA(CW) will consider all comments received during the 60-day public comment period in the preparation of any guidance.

On December 5, 2022, the U.S. Army Corps of Engineers (Corps) published a proposed rule to establish three danger zones in the waters of Carr Creek and Whitehall Bay in the vicinity of the Naval Support Activity Annapolis. The comment period ended on January 4, 2023. The Corps received numerous requests to extend the comment period, so we are reopening the comment period for 45 days. Comments previously submitted on the proposed rule 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.

This final rule removes the U.S. Army Corps of Engineers' part titled Water Resources Policies and Authorities: Navigation Policy: Cost Apportionment of Bridge Alterations. Each removed section of this part is out-of-date and otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the CFR.

On November 15, 2022, the U.S. Army Corps of Engineers (the Corps) published a proposed rule to revise its natural disaster procedures under this part of the Code of Federal Regulations (CFR), which implements a section of the Flood Control Act of 1941, as amended. The comment period was originally scheduled to end on January 17, 2023, and we received requests to extend the comment period. I am extending the comment period by 30 days to provide a 90-day comment period for this proposed rule. 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.