[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Notices]
[Pages 43101-43104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14279]


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DEPARTMENT OF DEFENSE

Department of the Army, Army Corps of Engineers


Notice of Intent To Prepare an Environmental Impact Statement for 
the Yazoo Backwater Area Water Management Project

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

ACTION: Notice of intent to prepare a draft environmental impact 
statement for the Yazoo Backwater Area water management project, 
Sharkey, Yazoo, Washington, and Issaquena, and Humphrey Counties, 
Mississippi.

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SUMMARY: The U.S. Army Corps of Engineers (USACE), Vicksburg District, 
is announcing its intent to prepare an Environmental Impact Statement 
(EIS) for the authorized Yazoo Basin, Yazoo Backwater, Mississippi, 
Project (Project). The EIS will analyze a new water management solution 
for the Project. The EIS will also examine measures to avoid, minimize, 
and mitigate environmental impacts associated with the Proposed Action 
which is the USACE Preferred Alternative. The EIS process does not 
foreclose the authorities of other State and Federal agencies to assist 
those Yazoo Backwater Area communities in risk management, emergency 
response, and community resilience. State and Federal agencies, with 
applicable authorities, would be continually engaged as necessary 
throughout the process.

DATES: All comments and suggestions must be submitted by August 7, 
2023.

ADDRESSES: To ensure the Corps has sufficient time to consider public 
input in the preparation of the Draft EIS, scoping comments should be 
submitted by email at [email protected] or by surface mail 
to Mike Renacker at U.S. Army Corps of Engineer, Vicksburg District, 
ATTN: CEMVK-PPMD, 4155 East Clay Street, Room 248, Vicksburg, MS 39183.

FOR FURTHER INFORMATION CONTACT: Stacey M. Jensen, in writing at the 
Office of the Assistant Secretary of the Army (Civil Works), 108 Army 
Pentagon, Washington, DC 20318-0108; by telephone at 703-695-6791; and 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 
    1. Project Background and Authorization. After the devastating 
Mississippi River Flood of 1927, Congress passed the 1928 Flood Control 
Act (FCA) which authorized the Mississippi River & Tributaries (MR&T) 
project. The Mississippi River Levees (MRL) project, which was 
authorized by the 1928 FCA, as amended, is a component of the MR&T 
project and prevents inundation of the alluvial valley of the lower 
Mississippi River (LMR) which begins at Cape Girardeau, Missouri, and 
gently slopes to the Gulf of Mexico. The Mississippi River levees 
protect major cities and towns, developed industrial areas, valuable 
farmlands, and wildlife habitats against the Project Design Flood (PDF) 
by confining flow to the leveed channel except where it enters 
backwater areas or is diverted purposely into floodway areas. Backwater 
areas and floodways were both integral features designed into the 
overall MRL project.
    Backwater areas are the necessary result of gaps left in the main-
stem Mississippi River levee system at the mouths of major tributaries 
that empty into the river. During large flood events, floodwaters from 
the Mississippi River back into the gaps and/or block discharges from 
the tributary systems from exiting the backwater areas. The MR&T 
project is augmented by four backwater areas. The St. Francis River 
Backwater Area and the White River Backwater Area in the northern 
section of the LMR, the Yazoo River Backwater Area in the middle 
section of the LMR, and Red River Backwater Area in the southern 
section of the LMR. These backwater areas typically operate through the 
use of backwater levees which tie into the MRL system, water control 
structures, pumps, and sometimes connecting channels. The St. Francis 
River, White River, and Red River backwater areas each have operational 
pump stations; the Huxtable pump station was built in 1977, Graham-
Burke pump station was built in 1964, and Tensas-Cocodrie pump station 
was built in 1986, respectively.
    Floodways are intended to safely divert excess floodwaters past 
critical reaches in the levee system to prevent the PDF from exceeding 
levee design elevations. The original MR&T project provided for five 
floodways which were the Birds Point-New Madrid floodway in the 
northern section of the LMR, the Boeuf/Eudora floodway in the middle 
section of the LMR, and the West Atchafalaya, Morganza, and Bonnet 
Carre floodways in the southern section of the LMR. The Boeuf/Eudora 
floodway, which would have diverted water from the middle section of 
the LMR, from the mouth of the Arkansas River to Old River, during a 
PDF, was the only authorized floodway that was never implemented and 
was eventually removed as an authorized component of the MR&T project. 
The Boeuf/Eudora floodway would have removed approximately 700,000 
cubic feet per second (cfs) of floodwater flow from the Mississippi 
River during the PDF. Without the Boeuf/Eudora floodway, it became 
necessary to confine the PDF between higher and stronger levees along 
the Mississippi River. Prior to the 1941 FCA and in an attempt to 
reduce the necessity of the Boeuf/Eudora Floodway, the cutoff and 
channel realignment component of the MR&T was initiated in 1932 for the 
middle section of the LMR. The cutoff and channel realignment component 
was intended to eventually increase the carrying capacity of the 
channel and lower flood stages. Legal action was initiated in 1929 from 
landowners over the use of the Boeuf/Eudora floodway. By 1941, with the 
legal conflicts still unresolved, the Mississippi River Commission re-
examined the MR&T project but made no formal recommendation on the 
floodway issue. The 1941 FCA formally abandoned all components of the 
Boeuf/Eudora floodway and authorized an increase in the height of the 
Mississippi River levees, a plan developed by the Mississippi River 
Commission to provide flood protection to the Yazoo Backwater Area.
    The Project was authorized by the FCA of 1941 (Public Law (Pub. L.) 
77-228) and amended by the FCA of 1965 (Pub. L. 89-298). Section 103 of 
the Water Resources Development Act (WRDA) of 1986 established cost 
sharing for flood control projects, or separable elements thereof, on 
which construction was initiated after April 30, 1986. This provision 
would have required a local cost share to implement the Project. WRDA 
of 1996 later amended section 103 of WRDA 1986 to define physical 
construction as the date of the award of a construction contract, which 
restored full Federal responsibility for the Project. The FCA of 1941 
authorized flood protection to the Yazoo Backwater Area through a 
combination of levees, associated drainage channels, water control 
structures, and a pump station. By 1942 the cutoff and channel 
realignment program was completed, and flood stages were lowered on the 
Mississippi River at Vicksburg. However, more recent hydrologic studies 
have revealed that these benefits have largely been

[[Page 43102]]

reversed, and peak stages on the Mississippi River at the Vicksburg 
gage are increasing. To date, the levee, three water control 
structures, and the connecting channel have been completed as part of 
the authorized project. The levee, known as the Yazoo Backwater Levee, 
is an extension of the Mississippi River east bank levee, generally 
along the west bank of the Yazoo River to a connection with the Will M. 
Whittington (Lower) Auxiliary Channel Levee in the vicinity of the 
mouth of the Big Sunflower River. The Yazoo Backwater levee was 
completed in 1978. The authorized water control structures include the 
Steele Bayou, Little Sunflower River, and Muddy Bayou structures which 
were completed in 1969, 1975, and 1978, respectively. These water 
control structures allow for gravity flow drainage. The connecting 
channel between the Little Sunflower and Steele Bayou water control 
structures was completed in 1978. The Yazoo Backwater Area is the only 
major backwater area in the MR&T project that has an authorized yet 
unconstructed pump station to evacuate impounded water.
    The Yazoo Backwater Levee was designed to reduce flood risks from 
overbank flooding of the Yazoo River, which is a major tributary that 
empties into the Mississippi River. Water control structures were 
incorporated into the Yazoo Backwater Levee to facilitate the release 
of water from the landside to the riverside of the levee, which is 
dependent on the elevation of the Mississippi River, and subsequently 
the Yazoo River. For instance, when the Yazoo River stage is lower than 
the landside stage at the Steele Bayou water control structure, the 
structure remains open to allow for the gravity flow release of 
precipitation driven headwaters from within the Yazoo Basin. Likewise, 
when the Yazoo River stage is higher than the landside stage at the 
Steele Bayou water control structure, the structure is closed to 
prevent Yazoo River floodwaters from entering or backing into the Yazoo 
Backwater Area (typically referred to as backwater flooding). Closure 
of the Steele Bayou water control structure also impounds any surface 
water and precipitation from the 4,093 square mile (2.62 million acres) 
drainage area of the Yazoo Basin. Once these waters become trapped, due 
to closure of the structure and no drainage potential into the Yazoo 
River, the flooding becomes known as a backwater flood event. When 
these conditions are met, and the continued accumulation from local 
rainfall events within the Yazoo Basin continue to drain southward, the 
backwater flooding is increased. A pump station would evacuate 
impounded backwater when the water control structures are closed.
    The recurring backwater flooding has demonstrated the need to 
complete the remaining flood damage reduction feature of the Yazoo 
Basin, Yazoo Backwater, Mississippi, Project. In the twenty-first 
century alone, the Yazoo Backwater area has experienced some degree of 
backwater-induced flooding 19 out of the 23 years. The historic 2019 
flood inundated over a half million acres of the Yazoo Backwater Area 
from February to August. Another backwater flood occurred in February 
of 2020 and devastated the already flood-ravaged area. The 2020 
floodwaters peaked only 2 ft lower than in 2019 and flooded over 
450,000 acres of land. More volume of water passed through the 
Mississippi River at Vicksburg during 2019 than ever before in our 
period of record (1927-2022). During 2020 the second-most volume of 
water passed through the Mississippi River at Vicksburg. The volume of 
water passing through in 2019 was more than twice the amount of volume 
that Lake Erie can hold.
    During backwater flood events, stagnant water conditions can 
remain, often for extended periods of time, until the Yazoo River stage 
is lower than the landside stage at the Steele Bayou water control 
structure, at which time the structure can be opened to allow for 
gravity flow out of the interior Yazoo Basin Area, reducing the 
landside stages of a given flood event. During prolonged backwater 
flood events, stagnant conditions create low dissolved oxygen in the 
water column which impact aquatic species. The backwater flooding also 
affects terrestrial areas with significant depths of water, restricting 
usable habitat and available food for terrestrial species. Therefore, 
these species must leave the flood zone or face mortality. The human 
population of the Yazoo Backwater Area also suffers significantly. 
During the 2019 flood, hundreds were displaced from their flooded homes 
for over six months. Farmers lost their entire 2019 crop season in the 
affected area.
    2. Joint Agency Collaboration Effort. In January 2023, the U.S. 
Department of the Army (Civil Works) and the Environmental Protection 
Agency (EPA) signed a Joint Memorandum of Collaboration stating that 
the agencies are committed to a collaborative and expeditious path 
forward to establish flood risk reduction in the Yazoo Backwater Area 
that would be compliant with the Clean Water Act (CWA) and all other 
applicable laws and regulations. The U.S. Fish and Wildlife Service 
(USFWS) was also included in the collaborative effort. The Joint 
Memorandum identified activities ``to enable the Army to deliver a 
preferred approach on flood risk reduction solution(s) for the YBA by 
June 2023.'' The close collaboration between all three agencies 
throughout the process would serve the Federal Government in meeting 
flood risk management objectives, ensuring appropriate consideration of 
the National Environmental Policy Act (NEPA) and CWA section 404 
requirements, addressing the needs of the affected communities, and 
addressing fish and wildlife issues. Since the issuance of the Joint 
Memorandum, the USACE, EPA, and USFWS have organized interagency 
technical and engagement teams to identify issues of concern and 
develop a draft water management solution. The USACE, EPA, and USFWS 
also jointly conducted public engagement sessions to allow the public 
to provide comments on preliminary options under consideration by USACE 
for a Project. All comments received were cooperatively reviewed by the 
interagency teams and considered in the development of the USACE 
Preferred Alternative.
    A total of four public engagement sessions were held on February 
15, 2023, and a total of four public engagement sessions were held on 
May 4 and 5, 2023, at the USACE Vicksburg District office. The February 
2023 sessions were held to receive input from the communities on their 
needs and on development of a draft preferred approach, and the May 
2023 sessions were held to receive input from the communities on the 
draft preferred approach. In addition, roundtable sessions were held on 
February 16, 2023, with various individuals, groups, and organizations, 
including a session for community leaders, local elected officials, 
agricultural interests, and environmental organizations. The input 
gathered throughout these early engagement sessions and on the draft 
preferred approach was used to inform the development of the USACE 
Preferred Alternative in this NOI. Transcripts from the May 2023 
sessions can be found on the Yazoo Backwater Area Project web page.\1\
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    \1\ https://www.mvk.usace.army.mil/Missions/Programs-and-Project-Management/Yazoo-Backwater/ (last accessed June 28, 2023).
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    Commenters spoke on a variety of topics regarding their concerns 
about, and lived experiences during, flood events, from lack of access 
to their homes and families, damages to their

[[Page 43103]]

homes, lack of access to emergency services and education, lack of 
access to roads and loss of infrastructure, loss of agricultural crops 
and inability to plant crops, loss of ability to receive payment from 
crop insurance, economic losses and business hardships with the 
community being supported generally by agricultural production, loss of 
recreational values, loss of wetlands through long duration of 
inundation, as well as trees and other flora, loss of environmental 
values and harms caused to fish and wildlife, environmental justice 
concerns, lack of community growth and development opportunities, and 
impacts to both physical and mental health. The majority of commenters 
supported a solution that included a structural component. A few 
commenters stated that only a fully non-structural or nature-based 
solution should be put forth for any proposed action.
    The USACE used the information provided by engagements and comments 
and the joint agency collaborative efforts to develop its Preferred 
Alternative for purposes of NEPA compliance. The USACE used information 
received, such as information related to crop season dates, to modify 
what the agencies presented to the public in May 2023.
    Through this collaborative process, the USACE developed a Preferred 
Alternative and must go through the NEPA process to identify a final 
selected alternative for the Project and will fully consider the 
alternatives described below in the EIS process. To be clear, USACE has 
not made any irreversible or irretrievable commitment of resources 
regarding USACE's Preferred Alternative and seeks public input on all 
alternatives proposed for their ability to provide a community-driven 
flood risk reduction solution to the Yazoo Backwater Area.
    3. The USACE Preferred Alternative. The USACE Preferred Alternative 
is a water management solution to reduce flood risk in the Yazoo 
Backwater Area, resulting from high stages of the Mississippi River, 
and consists of structural and nonstructural components. The Preferred 
Alternative provides flood risk reduction for communities and the local 
economy. Flood risk reduction will target primary residences (and roads 
isolating them), schools, infrastructure, commercial properties, and 
prime farmland while minimizing environmental losses.
    The structural component consists of a 25,000 cfs pump operated to 
manage backwater flooding seasonally. The proposed location for the 
pump station would be on Steele Bayou adjacent to the water control 
structure in Issaquena County, Mississippi. The backwater will be 
managed at 90.0 feet (ft), National Geodetic Vertical Datum (NGVD 
throughout) at the Steele Bayou gage, during the crop season of March 
16th through October 15th and will be managed at 93.0 ft at the Steele 
Bayou gage during the non-crop season of October 16th through March 
15th. These elevations are close to the elevations for the 2- (89.3 ft) 
and 5-year (92.0 ft) floodplains. Including a buffer on the extent of 
the 2- and 5-year floodplains will help to protect wetlands across the 
entire 2- and 5-year floodplains, particularly those riverine backwater 
wetlands located at the outer extent of the floodplains, receive 
sufficient backwater flood inundation to maintain ecological 
functioning. Managing water to any specific elevation requires the 
pumps to be initiated at a lower elevation and managing to 93.0 ft in 
the non-crop season will allow backwater flooding to benefit more 
wetlands before pumping is initiated. Similarly, managing to 90.0 ft 
during the crop season will allow backwater flooding to benefit more 
wetlands before pumping is initiated. Lastly, there are fewer wetlands 
anticipated to be impacted between the 90.0-93.0 ft elevations than 
between the 89.3-92.0 ft elevations, which translates to fewer wetlands 
to assess for impacts and likely less compensatory mitigation needs.
    This seasonal water management solution will ensure flood risk 
reduction for the primary residences and vital infrastructure, 
preserving primary economic drivers in the community, while avoiding or 
minimizing adverse impacts to fish, wildlife, and wetland values. 
During the seasonal water management at the 93.0 ft elevation, minimal 
functional losses of aquatic resources are anticipated, while some 
functional losses, such as fish spawning and rearing habitat, are 
anticipated during the seasonal water management at the 90.0 ft 
elevation. However, the USACE Preferred Alternative is not anticipated 
to convert any wetlands to non-wetlands during operation of the water 
management solution.
    The nonstructural component consists of various features to reduce 
future flood impacts. One nonstructural feature is modification of the 
operation of the Steele Bayou water control structure to minimize 
impacts. Currently the structure is operated to maintain water levels 
in the Yazoo Backwater Area between 68.5 and 70.0 ft. The Preferred 
Alternative will modify operation of the structure to maintain water 
levels in the Yazoo Backwater Area at approximately 75.0 ft. This 
feature would allow for more exchange of water between the riverside 
and landside of the Yazoo Backwater Levee, mimicking more natural flood 
pulses and therefore benefiting the aquatic environment. Water levels 
would be maintained below top bank of the stream channels and therefore 
will not result in an increase in flood risk. Modifications to the 
Steele Bayou water control structure operation manual would be 
completed as a joint effort between USACE, EPA, and the USFWS. The 
remaining nonstructural features consist of acquisition (i.e., property 
buyouts) or floodproofing of properties. Floodproofing of properties 
includes additions, changes, or adjustments to structures which reduce 
or eliminate flood damage to real estate or improved real property, 
water and sanitary facilities, and structures and their contents. 
Floodproofing options may include, but are not limited to, construction 
of ring levees, elevating homes, septic and sewer protection, and 
raising road elevations. Any floodproofing option outside of USACE 
authority will be coordinated with the appropriate State and/or Federal 
agency. A mitigation plan will be developed to fully compensate for all 
unavoidable environmental impacts and would be approved by USACE, EPA, 
and USFWS. In addition to the mitigation plan, a comprehensive 
monitoring and adaptive management plan will be developed as a joint 
effort between USACE, EPA, and USFWS. This plan will provide monitoring 
guidelines throughout the construction and operation of the Preferred 
Alternative and describe practical solutions to an array of potential 
environmental challenges in the Yazoo Backwater Area, as well as the 
Yazoo Basin, potentially associated with the USACE Preferred 
Alternative.
    4. Other Alternatives to be Considered. The EIS will evaluate the 
USACE Preferred Alternative water management solution described above. 
As a result of the early joint agency public engagement in the pre-
scoping process, three additional reasonable alternatives were 
developed for consideration in the EIS: the No Action Alternative; 
variations of the Preferred Alternative providing variations on the 
crop season dates; an alternative to not exceed the 90.0 ft elevation 
in water management year round (i.e., no seasonal water management); 
and, a fully non-structural solution alternative (i.e., without 
structural pumps) using the non-structural methods described above in 
the Preferred Alternative but more extensive to provide flood risk 
reduction for all primary residences

[[Page 43104]]

impacted in the Yazoo Backwater Area. Impacts and environmental 
consequences of the alternatives on the affected environment will be 
evaluated and compared for the future with project and future without 
project conditions.
    5. Scoping. The USACE invites all affected Federal agencies, Tribal 
Nations, State and local agencies, community members with environmental 
justice concerns implicated by the project, other interested parties, 
and the general public to participate in the NEPA scoping process 
during development of the EIS. The purpose of the public scoping 
process is to provide information to the public, narrow the scope of 
analysis to significant environmental issues, serve as a mechanism to 
solicit agency and public input on potential alternatives and issues of 
concern, and ensure full and open participation in scoping for the EIS. 
As previously described, the USACE has already provided a number of 
public opportunities for input that helped inform the development of 
the USACE Preferred Alternative including robust early engagement and 
pre-scoping meetings and a written comment period. The engagement 
process continues in the scoping process described in this NOI. The 
USACE requests input from interested parties regarding any potential 
mitigation alternatives and information and analyses relevant to 
impacts associated with the alternatives, including the USACE Preferred 
Alternative. Project information can be found on the USACE project 
website.\2\ Comments can be submitted via the methods in the ADDRESSES 
section above. All personally identifiable information (for example, 
name, address, etc.) voluntarily submitted by a commenter may be 
publicly accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
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    \2\ https://www.mvk.usace.army.mil/Missions/Programs-and-Project-Management/Yazoo-Backwater/ (last accessed on June 29, 
2023).
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    6. Potentially Significant Issues. The EIS will provide data and 
analyses on, but is not limited to, the following resources: bottomland 
hardwood wetlands and other wetland resources, endangered species, 
waterfowl, fisheries, water quality, downstream effects, cultural 
resources, environmental justice, recreation, and where appropriate 
consideration of ongoing and projected effects of climate change and 
greenhouse gas emissions. Wetlands, downstream effects, aquatics, and 
environmental justice are discussed briefly below.
    Wetlands: The USACE Preferred Alternative will be designed to avoid 
and minimize wetland impacts. Aside from the minimal unavoidable 
wetland losses associated with construction of an expanded footprint of 
the pump station facility, the USACE's Preferred Alternative is 
designed to result in no conversion of wetlands to non-wetlands. Some 
wetland functional loss is anticipated to occur during the crop season 
water management period. The USACE will collaborate with EPA and USFWS 
to estimate wetland impacts and identify compensatory mitigation 
methods to offset unavoidable impacts.
    Downstream Effects: Recent studies have shown the additional water 
from 25,000 cfs pumps, operating at full capacity, is approximately 1% 
of the Mississippi River highwater flow, representing a nearly 
immeasurable contribution to the outflow at the Vicksburg Gage. The 
additional flow would minimally increase the water surface stage, which 
would have no appreciable effect to downstream flooding. Water quality 
impacts are anticipated to be insignificant because the total load of 
nutrients and organic carbon that will be exported downstream would not 
be altered because of pump operation. The overall contribution of 
nutrients downstream, resultant from pump operation, will only affect 
the timing of nutrient delivery, but not the overall appreciable 
loading downstream in the Mississippi River.
    Aquatics: The USACE Preferred Alternative is anticipated to result 
in some loss of spawning and rearing habitat, primarily during the crop 
season. The USACE will collaborate with EPA and USFWS to estimate 
impacts to fish and other aquatic species and identify compensatory 
mitigation methods to offset any impacts. Current data shows hypoxia 
occurs during major backwater flood events and this hypoxia negatively 
affects certain fish species and other aquatic organisms. Flood-induced 
hypoxia during the spring and early summer likely impacts successful 
spawning and rearing regardless of the amount of aquatic habitat 
available. The EIS will analyze environmental and adaptive management 
plans to reduce the spatial extent and duration of hypoxia.
    Environmental Justice: Backwater flooding events cause severe 
economic damages to all populations in the Yazoo Backwater Area by 
destroying homes, farmland, wildlife resources, community 
infrastructure, and access routes used by residences and the public 
safety system. The majority of the Yazoo Backwater Area is home to low-
income or minority communities which meet the threshold criteria of at 
least 20 percent or more of households having incomes below poverty 
levels or an area having a majority of residents identifying as a 
minority. The Yazoo Backwater Area is also designated as disadvantaged 
by the Council on Environmental Quality's Climate and Economic Justice 
Screening Tool.\3\ Backwater flooding events create disproportionately 
high adverse human health and environmental effects to these minority, 
low-income, and underserved communities. Meaningful outreach to 
communities with environmental justice concerns will be conducted and 
the EIS will compare the current backwater flood conditions with the 
future flood conditions across the alternatives and analyze the impacts 
to each of the communities with environmental justice concerns.\4\
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    \3\ https://screeningtool.geoplatform.gov/en (last accessed June 
25, 2023).
    \4\ The EIS will also consider Executive Order 14096, 
Revitalizing Our Nation's Commitment to Environmental Justice For 
All, issued on April 26, 2023.
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    7. Anticipated NEPA Schedule. The current schedule anticipates the 
release of the draft EIS by the USACE for public review and comment in 
December 2023. After it is published, the USACE will hold a public 
meeting(s) to present the results of the analysis, to receive comments, 
and to address questions concerning the Preferred Alternative.

    Approved by:
Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-14279 Filed 7-5-23; 8:45 am]
BILLING CODE 3720-58-P