[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Pages 25474-25475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09179]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Proposals by Non-Federal Interests, for Feasibility Studies, 
Proposed Modifications to Authorized Water Resources Development 
Projects and Feasibility Studies, and Proposed Modifications to 
Environmental Infrastructure Programs 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 the Water Resources Reform and Development Act 
(WRRDA) 2014, as amended, requires 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 proposals 
submitted by non-Federal interests.

DATES: Proposals must be submitted online by August 29, 2022.

ADDRESSES: Submit proposals online at: https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/. 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 Stuart McLean, Planning and 
Policy Division, Headquarters, USACE, Washington, DC at 202-761-4931.

SUPPLEMENTARY INFORMATION: Section 7001 of WRRDA 2014 (33 U.S.C. 
2282d), as amended, requires the publication of a notice in the Federal 
Register annually 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 signed Chief's Reports, 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 interest, 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, project modification 
or environmental infrastructure program.
    2. State if the proposal is for authorization of 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 of an existing 
authority, 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, regional, or local 
economy; the environment; or the national security interests of the 
United States.
    6. State whether the proposal is expected to benefit disadvantaged 
communities, to include a description of the disadvantaged 
community(ies) and the potential benefits which may accrue as a result 
of the proposal. Army is working to modernize the USACE Civil Works 
program to incorporate environmental justice considerations into every 
aspect of the program in an effort to maximize benefits to 
disadvantaged communities to the furthest extent practicable within 
agency authorities.
    7. 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.
    8. State if the non-Federal interest has the financial ability to 
provide the required cost share, reference Engineer Regulation 1105-2-
100, Planning Guidance Notebook.
    9. Describe if local support exists for the proposal.
    10. 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 Annual 
Report table, the proposals must meet the following five 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, aquatic ecosystem restoration, or municipal or agricultural 
water supply. Following long-standing USACE practice, related proposals 
such as for recreation or hydropower, 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:
    a. Requires Construction Authorization:
     Feasibility reports that have successfully passed the 
Tentatively Selected Plan Milestone in the USACE plan formulation 
process;
     Non-Federal feasibility reports submitted to the Secretary 
of the Army under Section 203 of WRDA 1986, as amended, under 
Administration review;
     Proposed modifications to authorized water resources 
development

[[Page 25475]]

projects requested by non-Federal interests.
     Note: Reports that have signed Chief's Reports, but have 
not been authorized, will be included in the Annual Report table and 
these proposals do not need to be submitted in response to this notice.
    b. Requires Study Authorization:
     New feasibility studies and modifications to 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.
    c. The following proposals 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 Annual Report table the proposal must 
be a modification to a project that was authorized pursuant to Section 
219 of WRDA 1992, as amended or must identify a programmatic 
modification to an environmental infrastructure assistance program that 
has not been included in any previous annual report.
    Feasibility study proposals submitted by non-Federal interests are 
considered for study authorization 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 USACE 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, as amended, (33 U.S.C. 2280) 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 additional 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, 
feasibility study, or proposed modifications to an environmental 
infrastructure program authority 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 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.

Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2022-09179 Filed 4-28-22; 8:45 am]
BILLING CODE 3720-58-P