United States Army Corps of Engineers 2016 – Federal Register Recent Federal Regulation Documents

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.