[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40229-40230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13144]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Request for Project Proposals Pursuant to Section 165 of the 
Water Resources Development Act of 2020, Pilot Program for Continuing 
Authority Projects in Small or Disadvantaged Communities

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

ACTION: Notice; request for pilot project proposals.

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SUMMARY: Section 165 of the Water Resources Development Act of 2020 
directs the Secretary of the Army to implement a pilot program for 
carrying out projects under a continuing authority program for 
economically disadvantaged communities at 100% Federal cost. The 
Department of the Army is requesting pilot project proposals. The 
Secretary is authorized to select up to 20 pilot projects.

DATES: Proposals are to be submitted no later than August 21, 2023.

ADDRESSES: You may submit proposals in writing using any of these 
methods:
     Mail: HQ, U.S. Army Corps of Engineers, ATTN: Ms. Amy 
Babey, at 441 G Street NW, Washington, DC 20314.
     Email: [email protected]. Please include 
Section 165 Project Proposal in the subject line of the message.
    Due to security requirements, we cannot receive proposals by hand 
delivery or courier.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Babey at 
[email protected] or by phone at 502-645-7199.

SUPPLEMENTARY INFORMATION: Section 165 of the Water Resources 
Development Act of 2020 requires the Secretary to implement a pilot 
program for carrying out up to 20 projects under a continuing authority 
program for economically disadvantaged communities at 100 percent 
Federal cost. Additional information on the section 165 pilot program 
can be found in the Assistant Secretary of the Army for Civil Works 
(ASA(CW)) policy guidance issued on 12 June 2023. A copy of the 
guidance can be obtained at https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/Legislative-Links/wrda_2020/.
    The term ``economically disadvantaged community'' means as defined 
in the ASA(CW) memorandum, Implementation Guidance for Section 160 of 
the Water Resources Development Act of 2020, Definition of Economically 
Disadvantaged Community, dated 14 March 2023. A copy of the guidance 
can be obtained at https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll5/id/36002.
    The term ``continuing authority program'' (CAP) means any of the 
following:
    1. Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r).
    2. Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g). This 
authority is commonly identified as ``Section 103'' by the U.S. Army 
Corps of Engineers (USACE).
    3. Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
    4. Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 
426i).
    5. Section 204 of the Water Resources Development Act of 1992 (33 
U.S.C. 2326).
    6. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
    7. Section 206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330).
    8. Section 2 of the Act of August 28, 1937 (33 U.S.C. 701g). This 
authority is commonly identified as ``Section 208'' by USACE.
    9. Section 1135 of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a).
    Notwithstanding the cost share authorized for the applicable CAP 
section, pursuant to section 165(a), the Federal share of the cost of a 
project selected under this authority shall be 100 percent. Therefore, 
the maximum total Federal cost of a project implemented under Section 
165(a) will be the sum of the applicable statutory per project Federal 
participation limit (see table below) plus the amount that the non-
Federal interest would pay as its cost share.

------------------------------------------------------------------------
                                                           Statutory per
                                                              project
                        Authority                             federal
                                                           participation
                                                               limit
------------------------------------------------------------------------
Section 14..............................................     $10,000,000
Section 103.............................................      10,000,000
Section 107.............................................      10,000,000
Section 111.............................................      12,500,000
Section 204.............................................      10,000,000
Section 205.............................................      10,000,000
Section 206.............................................      10,000,000
Section 208.............................................         500,000
Section 1135............................................      10,000,000
------------------------------------------------------------------------

Non-Federal Interest Requirements

    1. Provide all required lands, easements, rights-of-way, 
relocations, and disposal areas (LERRDs) required for the project.
    2. Perform and pay for all costs associated with any required 
hazardous, toxic, and radioactive wastes (HTRW) cleanup and response 
in, on, or under any real property interest required for the project.
    3. Operate and maintain the project at full non-Federal expense 
(except for a project for commercial navigation).
    4. Hold and save the United States free from all damages arising 
from the project that are not due to the fault or negligence of the 
United States or its contractors.
    5. For a project for navigation, provide all required local service 
facilities.
    6. Pay all costs of planning, design, and construction that exceed 
the sum of the statutory per project Federal participation limit for 
the applicable CAP section plus the amount that the non-Federal 
interest would normally provide as its cost share.

Project Proposals

    All information provided in a proposal is public information. 
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 publicly should not be included in the submittal. 
Proposals to convert an active CAP or specifically authorized study or 
project to a Section 165 pilot program study or project will not be 
considered. The authority to initiate a project under the pilot program 
terminates on December 27, 2030.
    Entities submitting proposals for a project must include the 
following information:
    1. Name, location, and description of the proposed project.
    2. Description of the Economically Disadvantaged Community. The 
proposal must include a map and a narrative description of the 
economically disadvantaged community that will be benefited by the 
proposed project. The narrative description must include sufficient 
information to validate the community's classification as economically 
disadvantaged. The narrative must also describe the type

[[Page 40230]]

and complexity of the urbanization in the community and identify any 
existing infrastructure in the community that is related to the purpose 
of the proposed project.
    3. Description of the non-Federal interest for the proposed 
project. The description must include sufficient information to 
validate the non-Federal interest's eligibility as an applicant for the 
pilot program.
    4. A letter of intent to partner with USACE in conducting a study, 
completing a design, constructing the project, and the long-term 
operation and maintenance of the constructed project. The letter of 
intent must include information demonstrating the non-Federal interest 
ability to be a partner in the study and project.
    5. Description of the need for the proposed project and what the 
project would provide to the disadvantaged community.
    6. For a project for flood risk management or coastal storm risk 
management (CSRM) purposes, the proposal must include a description of 
the history of flooding and the population at risk in the economically 
disadvantaged community. The narrative should include the dates of 
flood events and describe the property damages and life loss 
attributable to each event. It should also include a qualitative 
description or range of how deep the water was and how fast it was 
flowing. The description should identify any characteristics of the 
population that have a bearing on risk, such as the total number of 
people subject to flooding or a coastal storm, low per capita income, 
or unemployment rate above the national average.
    7. A proposal for a project for CSRM purposes must include 
assurance of local willingness and capability to establish conditions 
of public use and access to beaches and shores. The proposal must 
identify whether the proposed project may result in a CSRM project that 
benefits beaches or shores the majority of which are private. In such 
cases, the applicant must provide assurance in the proposal that it is 
capable and willing to establish sufficient conditions of public use 
and access as a condition of Federal financial participation in a 
project.
    8. For a project for ecosystem restoration, the proposal must 
describe the degraded habitat targeted for restoration and the causes 
of the degradation. Regionally and nationally significant habitat or 
natural resources should be identified.
    9. For a project under section 14, the proposal must describe the 
ownership and function of the facility to be protected and the nature 
of the damage caused by flooding adjacent to the facility.
    10. For a project under section 111, the proposal must describe the 
shoreline damage and identify the Federal navigation project 
responsible for the damage.
    11. For a project for commercial navigation under Section 107, the 
proposal must describe existing facilities, vessel traffic, and the 
navigation problem the proposed project will address.

Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-13144 Filed 6-20-23; 8:45 am]
BILLING CODE 3720-58-P