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

On June 9, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (hereafter, ``the agencies'') announced their intent to revise the definition of ``waters of the United States'' under the Clean Water Act through two rulemakings first, a foundational rule that will propose to restore longstanding protections, and a second rulemaking process that builds on that regulatory foundation. On July 30, 2021, the agencies announced stakeholder engagement opportunities, including the agencies' intent to host ten regionally focused roundtables. EPA and Army are announcing a process for stakeholders to submit nomination letters to the agencies to potentially be selected for one of these ten geographically focused roundtables. Each roundtable should include diverse perspectives and highlight the experience of individual participants with the definition of ``waters of the United States.'' The agencies intend to livestream each roundtable to make them available for public viewing.

The U.S. Army Corps of Engineers (Corps) is proposing to establish a restricted area in the waters of the Elizabeth River surrounding the Naval Station Norfolk (NSN) Lambert's Point Deperming Station in Norfolk, Virginia. Naval Station Norfolk is the homeport of numerous ships and provides operational readiness support to the U.S. Atlantic Fleet with its facilities. The deperming station is located within the waters of the Elizabeth River and provides magnetic silencing services for military vessels. The proposed restricted area is in waters surrounding the existing facility immediately adjacent to the channel into Norfolk Harbor. The proposed restricted area is necessary to better protect underwater equipment, personnel, and vessels utilizing the facility by implementing a waterside security program.

The U.S. Army Corps of Engineers (USACE) announces the availability of the Record of Decision (ROD) for the Final Integrated Supplemental Environmental Impact Statement for the Allatoona Lake Water Supply Storage Reallocation Study and Updates to Weiss and Logan Martin Reservoir Project Water Control Manuals in the Alabama-Coosa- Tallapoosa River Basin, Alabama and Georgia (FR/SEIS), published in the Federal Register on Friday, November 20, 2020. The Assistant Secretary of the Army for Civil Works signed the ROD on August 27, 2021. Copies of the ROD along with the FR/SEIS and other supporting documents are available for viewing at https://www.sam.usace.army.mil/Missions/ Planning-Environmental/Allatoona-Lake-Water-Supply-Storage- Reallocation-Study-and-Updates-to-Weiss-and-Logan-Martin-Rese rvoirs- Project-Water-Control-Manuals/Document-Library/.

The U.S. Army Corps of Engineers, Los Angeles District, Planning Division is notifying interested parties that it has withdrawn the Notice of Intent (NOI) to develop an environmental impact statement (EIS) for the proposed Carpinteria Shoreline General Investigation (GI) feasibility study. The original NOI to prepare a EIS was published in the Federal Register on September 11, 2003. The proposed Carpinteria Shoreline GI feasibility study is being converted to a Continuing Authority Program (CAP) study.

This final rule removes the U.S. Army Corps of Engineers (USACE) part titled, ``Pest Control Program for Civil Works Projects.'' This part is redundant and 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 Aquatic Plant Control. This part is redundant and 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, ``Procurement Activities of the Corps of Engineers.'' Each removed section is out-of-date, duplicative of existing regulations, and otherwise covers internal agency operations that have no public compliance component or adverse public impact. Regulations governing internal procurement activities can be found on file with the agency. Therefore, this part can be removed from the Code of Federal Regulations (CFR).

The U.S. Army Corps of Engineers published a document in the Federal Register of January 13, 2021, a final rule concerning the reissuance and modification of nationwide permits. This document contains a correction to the rule.

The Assistant Secretary of the Army for Civil Works (ASA(CW)) is issuing this notice for a comment period for stakeholders and other interested parties to provide input and recommendations to the ASA(CW) on any provisions in the Water Resources Development Act (WRDA) of 2020. The Office of the ASA(CW) will consider all comments received before any implementation guidance is issued.

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. The NWPs help protect the aquatic environment and the public interest by providing incentives to reduce impacts on jurisdictional waters and wetlands while effectively authorizing activities that have no more than minimal individual and cumulative adverse environmental effects. In this final rule, the Corps is reissuing and modifying 12 existing NWPs and issuing four new NWPs. For these 16 NWPs, the Corps is also reissuing and modifying the NWP general conditions and definitions. The Corps is not reissuing or modifying the remaining 40 existing NWPs or finalizing proposed new NWP E at this time. Those 40 remaining NWPs continue to be in effect under the January 6, 2017, final rule and the existing general conditions and definitions in the 2017 final rule continue to apply to those permits.

This final rule removes the U.S. Army Corps of Engineers' part titled Water Resources Policies and Authorities: Federal Participation in Covered Flood Control Channels. Each removed section of this part is outdated in reference to engineering criteria and requirements, and covers internal agency operations that have no public compliance component or adverse public impact. Current policy and procedures on this subject can be found in internal documents. 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 Design Criteria for Dam and Lake Projects. 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 Code of Federal Regulations (CFR).

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 terminating the San Francisco Bay to Stockton, California Navigation Study and withdrawing its Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for said study.

The Department of the Army is publishing this notice to request nominations to serve as representatives on the Inland Waterways Users Board, sponsored by the U.S. Army Corps of Engineers. Section 302 of Public Law 99-662 established the Inland Waterways Users Board. The Board is an independent Federal advisory committee. The Secretary of the Army appoints its 11 (eleven) representative organizations. This notice is to solicit nominations for five (5) appointments for terms that will begin by May 28, 2021. For additional information about the Board, please visit the committee's website at https:// www.iwr.usace.army.mil/Missions/Navigation/Inland-Waterways-U sers- Board/.

The U.S. Army Corps of Engineers (USACE) is extending the scoping period through November 26, 2020. The scoping period was originally scheduled to end on October 26, 2020.

The US Army Corps of Engineers (USACE) requests comments on the alternatives considered to date by the Buffalo Bayou and Tributaries, Texas Resiliency Study (BBTRS) to help inform the Study Team's recommendation to the Chief of Engineers on reducing the flood risk along Buffalo Bayou and its tributaries in Harris and Fort Bend counties, Texas. An Interim Report has been prepared to document alternatives considered to date. The Interim Report, which does not include recommendations or decisions, is being published to solicit input from the public. Seeking this public input prior to identifying a preferred alternative will help ensure the analysis of a complex problemand ultimately decisionsare effective, responsive, sustainable and understood by the region's communities.

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. The U.S. Army Corps of Engineers (Corps) is proposing to reissue its existing NWPs and associated general conditions and definitions, with some modifications. We are also proposing to issue five new NWPs. Two of those proposed new NWPs would authorize certain categories of mariculture activities (i.e., seaweed and finfish mariculture) that are not authorized by NWP 48. We are proposing to divide the current NWP that authorizes utility line activities (NWP 12) into three separate NWPs that address the differences in how different linear projects are constructed, the substances they convey, and the different standards and best management practices that help ensure those NWPs authorize only those activities that have no more than minimal adverse environmental effects. Specifically, we are proposing to modify the current utility line NWP 12 to authorize only oil and natural gas pipeline activities. Two proposed new NWPs would authorize activities associated with the construction, maintenance, repair, and removal of electric utility lines/telecommunication lines and utility lines that convey water, sewage, and other substances. The fifth proposed new NWP would authorize discharges of dredged or fill material into jurisdictional waters for the construction, expansion, and maintenance of water reuse and reclamation facilities. We are proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirement that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects. The Corps is requesting comment on all aspects of these proposed nationwide permits.

The U.S. Army Corps of Engineers (USACE), Baltimore District, is notifying interested parties that it has withdrawn the notice of intent (NOI) to develop an EIS for the proposed Upper Susquehanna River Basin, New York, Comprehensive Flood Damage Reduction Feasibility Study.

The Department of Defense (DoD) published a notice on July 6, 2020 that announced the third meeting of the Table Rock Lake Oversight Committee was to take place on July 16, 2020. In addition, Meeting 4 would also be rescheduled. DoD is publishing this notice to announce the revised schedule for Meeting 4 of the Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC).

The U.S. Army Corps of Engineers Sacramento District (USACE), as the lead agency under the National Environmental Policy Act (NEPA), will prepare an Environmental Impact Statement (EIS) for construction of the Delta Conveyance Project. The California Department of Water Resources (DWR) is the project proponent and will be referred to hereafter as the Applicant. The EIS will analyze the Applicant's proposed action to construct new conveyance facilities in the Sacramento-San Joaquin Delta (Delta) which includes intake facilities on the Sacramento River, tunnel reaches and tunnel shafts, a southern forebay and pumping plant, and south Delta Conveyance facilities that would connect to the existing State Water Project (SWP) infrastructure.

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

The Department of Defense (DoD) published a notice on April 17, 2020 that announced the third meeting of the Table Rock Lake Oversight Committee, which was to take place on Wednesday, May 6, 2020 from 8:00 a.m. to 5:00 p.m., had been cancelled due to concerns with COVID-19/State of Missouri ``Stay-at-Home'' order. The notice stated the meeting would be re-scheduled at a later date, along with meeting four. DoD is publishing this notice to announce the revised schedule for Meeting 3 of the Federal advisory committee meetings of the Table Rock Lake Oversight Committee (TRLOC).

The Department of the Army is publishing this notice to announce the Federal advisory committee online virtual 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 U.S. Army Corps of Engineers, Philadelphia District, Planning Division is notifying interested parties that it has withdrawn the Notice of Intent (NOI) to develop an environmental impact statement (EIS) for the proposed Nassau County Back Bay (NCBB) Coastal Storm Risk Management (CSRM) Feasibility Study. The original NOI to prepare an EIS was published in the Federal Register on Friday, April 21, 2017. An Environmental Assessment (EA) will be prepared instead of an EIS.

The U.S. Army Corps of Engineers, New York District, Planning Division is notifying interested parties that it is withdrawing the Notice of Intent (NOI) to develop an EIS for the NYNJHAT Coastal Storm Risk Management (CSRM) Feasibility Study. The NOI to Prepare an EIS was published in the Federal Register on January 13, 2020.