[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29109-29111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09573]


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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 for an 
Environmental Infrastructure Program 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) of 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 by 28 August 2023.

ADDRESSES: Submit proposals by emailing the completed proposal form to 
[email protected]. The proposal form can be found 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 emailed 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 this 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. 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. Proposals for modifications to the maximum federal cost of a 
project being carried out pursuant to a continuing authorities 
program.. Proposals must include a justification of why the 
modification is necessary, total time and cost to complete the project, 
and indication of support by the non-Federal interest for the project 
and its cost-share requirements.
    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. Attach 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

[[Page 29110]]

proposed or existing USACE water resources project or effort whose 
primary purpose is flood and storm damage reduction, commercial 
navigation, or aquatic ecosystem restoration, 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 a specifically authorized water 
resources development projects requested by non-Federal interests.
     Proposed modification to the maximum cost of a project 
being carried out pursuant to a continuing authority program, if the 
proposed modification will result in completion of construction of the 
project and the justification for the modification is not the result of 
a change in the scope of the project.
     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. 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.
    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 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 and it has not been included in any previous annual report.
    Feasibility study proposals submitted by non-Federal interests are 
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 included in the Annual Report to Congress on Future Water 
Resources Development. Proposals in the appendix table will include a 
description of why

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those proposals did not meet the criteria.

Michael Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-09573 Filed 5-4-23; 8:45 am]
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