[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18009-18010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08583]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Proposals by Non-Federal Interests, for Feasibility Studies and 
for Modifications to an Authorized Water Resources Development Project 
or Feasibility Study, for Inclusion in the Annual Report to Congress on 
Future Water Resources Development

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

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SUMMARY: Section 7001 of Water Resources Reform and Development Act 
(WRRDA) 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.

DATES: Proposals must be submitted online by August 27, 2019.

ADDRESSES: Submit proposals online at: http://www.usace.army.mil/Missions/CivilWorks/ProjectPlanning/WRRDA7001Proposals.aspx. If a 
different method of submission is required, use the further information 
below to arrange an alternative submission process.

FOR FURTHER INFORMATION CONTACT: Send an email to the help desk at 
[email protected] or call Lisa Kiefel, Planning and 
Policy Division, Headquarters, USACE, Washington, DC at 202-761-0626.

SUPPLEMENTARY INFORMATION: Section 7001 of WRRDA 2014 (33 U.S.C. 
2282d), as amended, requires the publication of a notice in the Federal 
Register to request proposals by non-Federal interests for feasibility 
studies, modifications to authorized USACE water resources development 
projects or feasibility studies, and modifications to environmental 
infrastructure program authorities. Project feasibility reports that 
have successfully completed Executive Branch review, but have not been 
authorized will be included in the Annual Report table by the Secretary 
of the Army and these proposals do not need to be submitted in response 
to this notice.
    Proposals by non-Federal interests must be entered online and 
require the following information:

    1. The name of the non-Federal sponsor, or all non-Federal 
interests in the case of a modification to an environmental 
infrastructure program authority, including any non-Federal interest 
that has contributed to or is expected to contribute toward the non-
Federal share of the proposed feasibility study or modification.
    2. State if this proposal is for a feasibility study, a 
modification to an authorized USACE water resources development 
project, a modification to an authorized USACE water resources 
feasibility study, or a modification to a USACE environmental 
infrastructure program authority. If a modification, specify the 
authorized water resources development project, study, or 
environmental infrastructure program authority that is proposed for 
modification.
    3. State the specific project purpose(s) of the proposed study 
or modification.
    4. Provide an estimate, to the extent practicable, of the total 
cost, and the Federal and non-Federal share of those costs, of the 
proposed study and, separately, an estimate of the cost of 
construction or modification.
    5. Describe, to the extent applicable and practicable, an 
estimate of the anticipated monetary and non-monetary benefits of 
the proposal with regard to benefits to the protection of human life 
and property; improvement to transportation; the national economy; 
the environment; or the national security interests of the United 
States.
    6. Proposals for modifications to environmental infrastructure 
program authorities must also include a description of assistance 
provided to date and the total Federal cost of assistance provided 
to date.
    7. State if the non-Federal interest has the financial ability 
to provide the required cost share, reference ER 1105-2-100.
    8. Describe if local support exists for the proposal.
    9. Upload a letter or statement of support for the proposal from 
each associated non- Federal interest.

    All provided information may be included in the Annual Report to 
Congress on Future Water Resources Development. Therefore, information 
that is Confidential Business Information, information that should not 
be disclosed because of statutory restrictions, or other information 
that a non-Federal interest would not want to appear in the Annual 
Report should not be included.
    Process: Proposals received within the time frame set forth in this 
notice will be reviewed by the Army and will be presented in one of two 
tables. The first table will be in the Annual Report itself, and the 
second table will be in an appendix. To be included in the first table 
within the Annual Report table, the proposals must meet the following 
criteria:
    1. Are related to the missions and authorities of the USACE; 
involve a proposed or existing USACE water resources project or effort 
whose primary purpose is flood and storm damage reduction, commercial 
navigation, or aquatic ecosystem restoration. Following long-standing 
USACE practice, related proposals such as for recreation, hydropower, 
or water supply, are eligible for inclusion if undertaken in 
conjunction with such a project or effort.
    2. Require specific congressional authorization, including by an 
Act of Congress;

Comprise the Following Cases

a. Requires Construction Authorization

     Signed Chief's Reports;
     Non-Federal feasibility reports submitted to the Secretary 
of the Army under Section 203 of WRDA 1986, as amended, under 
Administration review;
     Ongoing feasibility studies that are expected to result in 
a Chief's Report; and,
     Proposed modifications to authorized water resources 
development projects requested by non-Federal interests.

b. Seeking Study Authorization

     New feasibility studies proposed by non-Federal interests 
through the Section 7001 of WRRDA 2014 process will be evaluated by the 
USACE to determine whether or not there is existing study authority, 
and
     Proposed modifications to studies requested by non-Federal 
interests through the Section 7001 of WRRDA 2014 process will be 
evaluated by the USACE to determine whether or not there is existing 
study authority.

[[Page 18010]]

c. The Following Cases Are NOT ELIGIBLE To Be Included in the Annual 
Report and Will Be Included in the Appendix for Transparency

     Proposals for modifications to non-Federal projects under 
program authorities where USACE has provided previous technical 
assistance. Authorization to provide technical assistance does not 
provide authorization of a water resources development project.
     Proposals for construction of a new water resources 
development project that is not the subject of a currently authorized 
USACE project or a complete or ongoing feasibility study.
     Proposals that do not include a request for a potential 
future water resources development project through completed 
feasibility reports, proposed feasibility studies, and proposed 
modifications to authorized projects or studies.
    3. Have not been congressionally authorized;
    4. Have not been included in the Annual Report table of any 
previous Annual Report to Congress on Future Water Resources 
Development; and
     If the proposal was included in the Annual Report table in 
a previous Report to Congress on Future Water Resources Development, 
then the proposal is not eligible to be included in the Annual Report 
table. If a proposal was previously included in an appendix it may be 
re-submitted.
    5. If authorized, could be carried out by the USACE.
     Whether following the USACE Chief's Report process or 
Section 7001 of WRRDA 2014, a proposal for a project or a project 
modification would need a current decision document to provide updated 
information on the scope of the potential project and demonstrate a 
clear Federal interest. This determination would include an assessment 
of whether the proposal is:

--Technically sound, economically viable and environmentally 
acceptable.
--Compliant with environmental and other laws including but not limited 
to National Environmental Policy Act, Endangered Species Act, Coastal 
Zone Management Act, and the National Historic Preservation Act.
--Compliant with statutes and regulations related to water resources 
development including various water resources provisions related to the 
authorized cost of projects, level of detail, separable elements, fish 
and wildlife mitigation, project justification, matters to be addressed 
in planning, and the 1958 Water Supply Act.

    Environmental Infrastructure proposals are an exception to the 
criteria. To be included in the table within the Annual Report the 
proposal must be for a modification to a project that was authorized 
prior to the date of enactment of the Water Resources Development Act 
of 2016 (December 16, 2016) pursuant to Section 219 of WRDA 1992, as 
amended or must identify a programmatic modification to an 
environmental infrastructure assistance program and it has not been 
included in any previous annual report.
    Feasibility study proposals submitted by non-Federal interests are 
for the study only. If Congressional authorization of a feasibility 
study results from inclusion in the Annual Report, it is anticipated 
that such authorization would be for the study, not for construction. 
Once a decision document is completed in accordance with Executive 
Branch policies and procedures, the Secretary will determine whether to 
recommend the project for authorization.
    All water resources development projects must meet certain 
requirements before proceeding to construction. These requirements 
include: (1) That the project is authorized for construction by 
Congress; (2) that the Secretary, or other appropriate official, has 
approved a current decision document; and, (3) that the funds for 
project construction have been appropriated and are available.
    Section 902 of WRDA 1986 establishes a maximum authorized cost for 
projects (902 limit). A Post Authorization Change Report (PACR) is 
required to be completed to support potential modifications, updates to 
project costs, and an increase to the 902 limit. Authority to undertake 
a 902 study is inherent in the project authority, so no authority is 
required to proceed with the study. Since these PACRs support project 
modifications, they may be considered for inclusion in the Annual 
Report if a report's recommendation requires Congressional 
authorization.
    The Secretary shall include in the Annual Report to Congress on 
Future Water Resources Development a certification stating that each 
feasibility report, proposed feasibility study, and proposed 
modification to an authorized water resources development project or 
feasibility study included in the Annual Report meets the criteria 
established in Section 7001 of WRRDA 2014, as amended.
    Please contact the appropriate district office or use the contact 
information above for assistance in researching and identifying 
existing authorizations and existing USACE decision documents. Those 
proposals that do not meet the criteria will be included in an appendix 
table included in the Annual Report to Congress on Future Water 
Resources Development. Proposals in the appendix table will include a 
description of why those proposals did not meet the criteria.

    Dated: April 24, 2019.
James C. Dalton,
Director of Civil Works.
[FR Doc. 2019-08583 Filed 4-26-19; 8:45 am]
 BILLING CODE 3720-58-P