Department of the Army, Corps of Engineers January 2023 – Federal Register Recent Federal Regulation Documents
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Withdrawal of the Notice of Intent To Prepare an Environmental Impact Statement for the Mississippi River Hatchie/Loosahatchie, MS River Mile 775-736, Tennessee and Arkansas, Ecosystem Restoration Feasibility Study
The U.S. Army Corps of Engineers (USACE), Memphis District is terminating preparation of a Draft Integrated Feasibility Report and Environmental Impact Statement (DIFR-EIS) for the Hatchie-Loosahatchie Mississippi River Ecosystem Restoration Study. A Notice of Intent to prepare the DIFR-EIS was published in the November 4, 2022, issue of the Federal Register. The USACE has since determined that a Draft Integrated Feasibility Report and Environmental Assessment (DIFR-EA) rather than an EIS is the appropriate level of environmental documentation for the study.
Water Resources Development Act of 2022 Comment Period and Stakeholder Sessions
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.
National Wetland Plant List
The National Wetland Plant List (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. To update the NWPL, 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 proposed changes to the 2022 NWPL and its web address to solicit public comments. The public will now have the opportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West (AW) region. In addition, we are accepting comments on the proposal to move from a two-year update cycle to a three-year update cycle for the NWPL. Finally, USACE is seeking comments on the overall NWPL update process.
Establishment of Three Danger Zones for the Naval Support Activity Annapolis, Annapolis, Maryland, in the Waters of Carr Creek and Whitehall Bay
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.
Revised Definition of “Waters of the United States”
The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining ``waters of the United States.'' This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States.
Water Resources Policies and Authorities: Navigation Policy: Cost Apportionment of Bridge Alterations
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.
Military Ocean Terminal Concord, California; Restricted Area
The U.S. Army Military Surface Deployment and Distribution Command (SDDC) requested that the U.S. Army Corps of Engineers (Corps) revise the restricted area boundaries for the Military Ocean Terminal Concord (MOTCO). The MOTCO restricted area is located along the south shore of Suisun Bay, north of the City of Concord, Contra Costa County, California. The request to revise the boundaries of the MOTCO restricted area is due to the need to provide a more sufficient security buffer distance in navigable waters next to critical MOTCO shoreline infrastructure.
Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers
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.
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