United States Army Corps of Engineers – Federal Register Recent Federal Regulation Documents

This final rule implements a new credit assistance program administered by the U.S. Army Corps of Engineers (Corps). Consistent with the funding provided under Subtitle C of Title V of the Water Resources Reform and Development Act of 2014 (WRRDA), often referred to as the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA), credit assistance is available for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of state, local government, public utility, or private. This final rule establishes the process by which the Corps will administer such credit assistance, including the assessment of fees, and also sets forth the policies and procedures that the Corps will use for receiving, evaluating, approving applications, and servicing and monitoring direct loans and loan guarantees.

Pursuant to the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) New York District is preparing an integrated Draft Feasibility Report/Tiered Environmental Impact Statement (EIS) for the New York and New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study (NYNJHATS). The study is assessing the feasibility of coastal storm risk management alternatives to be implemented within the defined study area with a specific emphasis on the New York and New Jersey Harbor, including Upper and Lower Bays, Newark Bay, Raritan Bay, Sandy Hook Bay, Jamaica Bay, Gravesend Bay, Sheepshead Bay, as well as other Bays, the tidally affected stretches of the Passaic and Hackensack Rivers, and the Hudson River to Troy, New York, as well as numerous other tributaries that discharge into New York Harbor. This is the third Notice of Intent to be published for this study.

The Commander of the Northwestern Division of the U.S. Army Corps of Engineers (Corps) is soliciting applications to fill vacant stakeholder representative member positions on the Missouri River Recovery Implementation Committee (MRRIC). Members are sought to fill vacancies on a committee to represent various categories of interests within the Missouri River basin. The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. The Corps established the MRRIC as required by the U.S. Congress through the Water Resources Development Act of 2007 (WRDA), Section 5018.

The U.S. Army Corps of Engineers (Corps) has made available for public review and comment the Draft Environmental Impact Statement (Draft EIS) for the Federal action to remediate dam safety concerns at Cherry Creek Dam. The dam safety concerns are primarily related to a hydrologic deficiency resulting from an extreme precipitation event and the large population that could be affected by such an event. Cherry Creek Dam and Lake is located on Cherry Creek, 11.4 miles upstream of its confluence with the South Platte River, in Aurora, Colorado (southeast Denver metropolitan area). The remediation actions will be identified through a Dam Safety Modification Study being conducted in accordance with Corps policy as described in Engineering Regulation 1110-2-1156 ``Safety of DamsPolicy and Procedures.''

Section 1122 of the Water Resources Development Act (WRDA) of 2016 requires the U.S. Army Corps of Engineers (USACE) establish a pilot program to recommend ten projects for the beneficial use of dredged material. The USACE is requesting proposals for beneficial use of dredged material projects.

The Rock Island and Chicago Districts, U.S. Army Corps of Engineers (USACE), will host three public meetings to discuss the draft report titled The Great Lakes and Mississippi River Interbasin Study Brandon Road Draft Integrated Feasibility Study and Environmental Impact StatementWill County, Illinois. The purpose of these public meetings is to receive input regarding the GLMRIS-Brandon Road Study to prevent the upstream transfer of aquatic nuisance species, such as Asian carp, while minimizing impacts to existing waterway uses and users. Public meetings will begin with an open house followed by a presentation regarding the study and an oral public comment period. There will be opportunities for web-based participation during two of these meetings.

The U.S. Army Corps of Engineers (USACE) has posted The Great Lakes and Mississippi River Interbasin StudyBrandon Road Draft Integrated Feasibility Study and Environmental Impact StatementWill County, Illinois (GLMRIS-Brandon Road Report) on https://glmris.anl.gov. The GLMRISBrandon Road Report presents a plan to address the transfer of aquatic nuisance species (ANS) from the Mississippi River Basin to the Great Lakes Basin through an aquatic connection in the Chicago Area Waterway System. The purpose of this study is to evaluate structural and nonstructural options and technologies near the Brandon Road Lock and Dam to prevent the upstream transfer of ANS. USACE analyzed and evaluated available controls to address ANS of concern and formulated alternatives specifically for the Brandon Road site. USACE also evaluated the potential impacts of the alternatives and ways to minimize such impacts. USACE conducted the GLMRIS-Brandon Road Study in consultation with other Federal agencies, Native American tribes, state agencies, local governments, non-governmental organizations, and industry.

The U.S. Army Corps of Engineers (Corps) intends to prepare a General Reevaluation Report and Supplemental Environmental Impact Statement (GRR/SEIS). This is in compliance with the National Environmental Policy Act (NEPA), for the Middle Rio Grande Flood Protection Bernalillo to Belen, New Mexico Project (Project). This also is the implementation of actions to avoid or minimize potential effects to Endangered Species Act (ESA) listed species and/or associated critical habitat. The GRR/SEIS will supplement the May 1979, Middle Rio Grande Flood Protection Bernalillo to Belen, New Mexico, Final Environmental Impact Statement (FEIS). That document assessed impacts from alternatives to reduce flood risk to structures, infrastructure and life safety. The previously proposed alternative included reconstructing the existing spoil bank system maintained by the Middle Rio Grande Conservancy District (MRGCD) with structurally competent levee system.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District has prepared a Supplemental Final Environmental Impact Statement (SFEIS) to disclose potential impacts to the natural, physical, and human environment resulting from modifications to Bluestone Dam. The original EIS was published in 1998 and a Record of Decision (ROD) was signed in 1999 concluding the NEPA process allowing the Corps to initiate implementation of the Bluestone Dam Safety Assurance (DSA) Project. When completed, the current modifications under construction will strengthen the dam's stability and allow for increased discharge capacity through the use of hydropower penstocks substantially reducing risk. However, physical modeling and expert analysis conducted during project construction indicated the downstream bedrock is vulnerable to an unacceptable degree of erosion during high flow events. The Corps has also recognized potential for unacceptable erosion associated with overtopping of areas of the dam not designed to be overtopped. After a full consideration of alternatives to achieve acceptable risk levels, this SFEIS recommends implementing modifications to the existing stilling basin to prevent scour that could result in spillway instability and thus dam failure. Proposed modifications include alteration to the existing stilling basin to include installation of a protective concrete apron and larger baffles among other features described in the SFEIS. This SFEIS also addresses the impacts associated with prolonged construction duration of modification features described in the original EIS and ROD.

On December 16, 2016 the U.S. Army Corps of Engineers (USACE) issued a Notice of Availability in the Federal Register (81 FR 91151) for the Draft Missouri River Recovery Management Plan and Environmental Impact Statement (MRRMP-EIS). The original comment period was scheduled to end February 24, 2017. This notice extends the public comment period to April 24, 2017.

The U.S. Army Corps of Engineers (USACE) is correcting a notice of proposed rulemaking that appeared in the Federal Register of December 16, 2016 and extending the comment period on this rulemaking.

The Department of the Army, U.S. Army Corps of Engineers (Corps) proposes to update and clarify its policies governing the use of its reservoir projects for domestic, municipal and industrial water supply pursuant to Section 6 of the Flood Control Act of 1944 and the Water Supply Act of 1958 (WSA). Specifically, the Corps proposes to define key terms under both statutes and to respond to issues that have arisen in exercising these authorities, in order to take into account court decisions, legislative provisions, and other developments. The Corps intends through this rulemaking to explain and improve its interpretations and practices under these statutes, and seeks comment from all interested stakeholders on those interpretations and practices. The proposed rule is intended to enhance the Corps' ability to cooperate with State and local interests in the development of water supplies in connection with the operation of its reservoirs for federal purposes as authorized by Congress, to facilitate water supply uses of Corps reservoirs by others as contemplated under applicable law, and to avoid interfering with lawful uses of water by any entity when the Corps exercises its discretionary authority under either Section 6 or the WSA. The proposed rule would apply only to reservoir projects operated by the Corps, not to projects operated by other federal or non-federal entities, and it would not impose requirements on any other entity, alter existing contractual arrangements at Corps reservoirs, or require operational changes at any Corps reservoir. The Corps intends by this rulemaking proposal to initiate a positive dialogue with stakeholders on these important issues, and to promote program certainty and efficiency by ultimately establishing a uniform understanding of Section 6 and the WSA, and the range of activity authorized thereunder.

The U.S. Army Corps of Engineers, New York District (NY District), is withdrawing its intent to prepare a Draft Environmental Impact Statement (EIS) for the Study. The Notice of Intent to prepare the Draft EIS was published in the Tuesday, December 28, 2004 issue of the Federal Register (69 FR 77744).

In accordance with the National Environmental Policy Act, the U.S. Army Corps of Engineers (Corps), Bureau of Reclamation (Reclamation), and the Bonneville Power Administration (BPA) (Action Agencies) intend to prepare an environmental impact statement (EIS) on the system operation and maintenance of fourteen Federal multiple purpose dams and related facilities located throughout the Columbia River basin. The Action Agencies will use this EIS process to assess and update their approach for long-term system operations and configuration through the analysis of alternatives and evaluation of potential effects to the human and natural environments, including effects to socio-economics and species listed under the Endangered Species Act (ESA). The Action Agencies will serve as joint lead agencies in developing the EIS.

The Commander of the Northwestern Division of the U.S. Army Corps of Engineers (Corps) is soliciting applications to fill vacant stakeholder representative member positions on the Missouri River Recovery Implementation Committee (MRRIC). Members are sought to fill vacancies on a committee to represent various categories of interests within the Missouri River basin. The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. The Corps established the MRRIC as required by the U.S. Congress through the Water Resources Development Act of 2007 (WRDA), Section 5018.

The U.S. Army Corps of Engineers (Corps) and Reclamation, as joint lead agencies, have made available for public review and comment the Lower Yellowstone Intake Diversion Dam Fish Passage Project Draft Environmental Impact Statement (Draft EIS). The Draft EIS analyzes and discloses potential effects associated with the proposed Federal action to improve passage for endangered pallid sturgeon and other native fish at Intake Diversion Dam in the lower Yellowstone River while continuing the effective and viable operation of the Lower Yellowstone Project.

The U.S. Army Corps of Engineers (Corps) and the U.S. Bureau of Reclamation (Reclamation) propose to jointly prepare an environmental impact statement (EIS) that analyzes and discloses effects associated with actions to provide fish passage at the Intake Diversion Dam. The proposed Federal action is to improve passage for endangered pallid sturgeon and other native fish at Intake Diversion Dam in the lower Yellowstone River. The Corps and Reclamation will serve as joint lead Federal agencies in the preparation of the Intake Diversion Dam Fish Passage EIS. The Corps will serve as administrative lead for National Environmental Policy Act compliance activities during preparation of the EIS. The EIS will include consideration of a range of reasonable alternatives to the proposed Federal action that meet the purpose and need of improving passage while continuing a viable and effective operation of the Lower Yellowstone Project. The Corps and Reclamation will each consider and approve a Record of Decision regarding actions and decisions for which the respective agencies are responsible.

The purpose of this notice is to initiate the scoping process for an evaluation of whether there is adequate capacity at existing placement sites for placement/disposal of projected maintenance dredged material from Petaluma River. This evaluation will be conducted in a two-step process: First a preliminary assessment (PA) will make projections of the volume of dredged material, estimate the existing capacity for placement/disposal of the material, and verify that continued maintenance dredging is economically justified. If the PA concludes that continued maintenance dredging is justified and that the existing placement/disposal capacity is not adequate, then a Dredged Material Management Plan (DMMP) will be prepared to identify additional placement/disposal sites with adequate capacity for the next 20 years of federal and non-federal maintenance dredging.

The purpose of this notice is to initiate the scoping process for the preparation of a Dredged Material Management Plan (DMMP) and Environmental Assessment for continued maintenance dredging at Crescent City Harbor. The goal of the plan will be to identify suitable sites for placement of dredged material to accommodate maintenance dredging over the next twenty years.

The Commander of the Northwestern Division of the U.S. Army Corps of Engineers (Corps) is soliciting applications to fill vacant stakeholder representative member positions on the Missouri River Recovery Implementation Committee (MRRIC). Members are sought to fill vacancies on a committee to represent various categories of interests within the Missouri River basin. The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. The Corps established the MRRIC as required by the U.S. Congress through the Water Resources Development Act of 2007 (WRDA), Section 5018.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Los Angeles District (Corps) intends to prepare an Environmental Impact Statement (EIS) for the Whittier Narrows Dam Safety Modification Study (DSMS). Whittier Narrows Dam is located approximately 12 miles east of downtown Los Angeles, Los Angeles County, CA. The DSMS will evaluate alternatives to remediate safety concerns such as dam settling, seismic damages, and seepage. The DSMS will identify risk reduction measures that would be implemented to reduce life loss and property damage downstream in the event of a dam failure.

The U.S. Army Corps of Engineers (Corps) is revising its Engineer Regulation No. 15-2-13 dated 10 May 1989. This regulation establishes and prescribes the objectives, composition, responsibilities and authority of the Corps Greater Mississippi River Basin Water Management Board. It is applicable to all Corps offices involved with water management within the Greater Mississippi River Basin. The Board consists of the Deputy Commanding General for Civil and Emergency Operations, and Division Commanders of the Northwestern, Mississippi Valley, Great Lakes and Ohio River, and Southwestern Divisions. The Deputy Commanding General for Civil and Emergency Operations serves as permanent Board Chairperson. The Board provides oversight and guidance during significant regional drought or flood events that cross Division boundaries. The Board discusses water management issues among Corps Divisions within the Greater Mississippi River Basin.

The Commander of the Northwestern Division of the U.S. Army Corps of Engineers (Corps) is soliciting applications to fill two vacant stakeholder representative member positions on the Missouri River Recovery Implementation Committee (MRRIC). Members are sought to fill vacancies on a committee to represent various categories of interests within the Missouri River basin. The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. The Corps established the MRRIC as required by the U.S. Congress through the Water Resources Development Act of 2007 (WRDA), Section 5018.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and Council on Environmental Quality regulations (40 CFR parts 1500-1508) the Corps of Engineers, Alaska District, advises that the Final EIS for the Point Thomson Project, proposed by Exxon Mobil Corporation and PTE Pipeline, is now available for public review. The Final EIS evaluated reasonable alternative designs and potential impacts to the environment. The proposed project includes the construction of structures in navigable waters of the United States (U.S.) and the discharge of dredged and/or fill materials into waters of the U.S., including wetlands. The proposed work requires authorization from the Corps of Engineers under Section 10 of the Rivers and Harbors Act (RHA) of 1899 and Section 404 of the Clean Water Act (CWA). The Final EIS will be used to evaluate the Applicant's Department of the Army (DA) permit application and compliance with NEPA.

The Commander of the Northwestern Division of the U.S. Army Corps of Engineers (Corps) is soliciting applications to fill vacant stakeholder representative member positions on the Missouri River Recovery Implementation Committee (MRRIC). Members are sought to fill vacancies on a committee to represent various categories of interests within the Missouri River basin. The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. The Corps established the MRRIC as required by the U.S. Congress through the Water Resources Development Act of 2007 (WRDA), Section 5018.