[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35818-35820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09576]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Proposals by Non-Federal Interests 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: The Assistant Secretary of the Army for Civil Works (ASA(CW)) 
is soliciting proposals for inclusion in the 2025 Annual Report to 
Congress on Future Water Resources Development (Annual Report). The 
Annual Report includes proposals submitted by non-federal interests for 
new feasibility studies, proposed modifications to authorized water 
resources development projects or feasibility studies, and proposed 
modifications to environmental infrastructure program authorities. The 
Annual Report is authorized under section 7001 of the Water Resources 
Reform and Development Act (WRRDA) of 2014, as amended.

DATES: Proposals must be submitted by August 30, 2024.

ADDRESSES: Submit proposals by emailing the completed proposal form

[[Page 35819]]

to [email protected]. If a different method of 
submission is required, use the further information below to arrange an 
alternative submission process.

FOR FURTHER INFORMATION CONTACT: For further information about the 
Annual Report, visit the U.S. Army Corps of Engineers (USACE) 
Headquarters website (https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/), email 
[email protected], or call Michele Gomez, Planning and 
Policy Division, Headquarters, USACE, Washington, DC at 202-761-7193.

SUPPLEMENTARY INFORMATION:

A. Background on the Annual Report

    The Annual Report to Congress on Future Water Resources 
Development, prepared pursuant to section 7001 of WRRDA 2014, as 
amended (33 U.S.C. 2282d), provides an opportunity for communities to 
inform Congress about their interest in a new congressional 
authorization--or modifying an existing authorization--for specifically 
authorized Civil Works water resources studies, projects, and 
environmental infrastructure programs. The Annual Report provides 
Congress with a list of potential studies and projects to newly 
authorize and a list of existing study, project, and environmental 
infrastructure program authorities to modify. Congress generally 
authorizes new USACE studies, projects, and environmental 
infrastructure programs in an omnibus authorization bill, typically 
called the Water Resources Development Act (WRDA).
    If a proposal from a non-federal interest for a new study 
authorization is included in the Annual Report, it is anticipated that 
authorization would be for the study, not for construction. To begin a 
water resources feasibility study, USACE must have sufficient study 
authority, and funds must be appropriated and made available for the 
ederal cost share of the feasibility study. A primary outcome of a 
USACE water resources feasibility study is a recommendation for 
Congressional authorization to construct a water resources project. For 
USACE to proceed to construction, the project must be authorized for 
construction by Congress, and funds must be appropriated and made 
available for project construction. An overview of USACE Civil Works 
water resources study and project processes is found in the document 
entitled ``Partnering with the U.S. Army Corps of Engineers: A Guide 
for Communities, Local Governments, States, Tribes, and Non-
Governmental Organizations,'' which is available online at https://planning.erdc.dren.mil/toolbox/library/IWRServer/2019-R-02.pdf.

B. Sources of More Information

    1. USACE will host two public virtual information sessions about 
the Annual Report and the proposal submission and evaluation process 
for the 2025 Annual Report on June 25, 2024, and August 8, 2024.The 
Headquarters website (https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/) contains additional information 
and frequently asked questions about the Annual Report.
    2. The local USACE district office will assist in researching and 
identifying existing Congressional authorities for Civil Works water 
resources feasibility studies, projects, and environmental 
infrastructure programs. Websites for all USACE district offices are 
available online at: https://www.usace.army.mil/Contact/Unit-websites/.

C. Definition of Non-Federal Interest

    Proposals for the Annual Report are submitted by non-federal 
interests, and each feasibility study or project is conducted in 
partnership with a non-federal interest. For the purposes of the Annual 
Report, the term ``non-federal interest'' is defined in section 221(b) 
of the Flood Control Act of 1970 (Pub. L. 91-611), as amended (42 
U.S.C. 1962-5b(b)). The term ``non-federal interest'' means (1) a 
legally constituted public body (including an Indian Tribe and a Tribal 
organization (as those terms are defined in section 5304 of title 25)); 
or (2) a nonprofit entity with the consent of the affected local 
government, that has full authority and capability to perform the terms 
of its agreement and to pay damages, if necessary, in the event of 
failure to perform.

D. Proposal Form

    The information for proposals from a non-federal interest is 
normally entered into a fillable PDF form which can be found at the HQ 
Annual Report website and submitted by email to 
[email protected]. If a different method of submission 
is needed, use the contact information in the For Further Information 
Contact section of this Notice to arrange an alternative submission 
process. Proposals must be submitted by August 30, 2024.
    The fillable PDF proposal form requests the following information:
    1. Contact information for the individual/agency submitting the 
proposal: name, phone number, email.
    2. Proposal Name.
    3. Project Location (State(s)/Territory).
    4. Study or project area map; you'll have the option to upload a 
map of the study/project area (preferred format is an 8.5'' x 11'' 
PDF).
    5. Specific project purpose(s) of the proposed study or 
modification (USACE mission areas).
    6. Project description: demonstrate the proposal is related to 
USACE missions and authorities and why additional or new authorization 
is needed.
    7. State if this proposal is for a new feasibility study, a 
modification to a USACE water resources development feasibility study 
authority, a modification to a USACE water resources project authority, 
or a modification to a USACE environmental infrastructure program 
authority.
    8. If the proposal is for a modification to an existing authority, 
provide the name of the authorized study, project, or environmental 
infrastructure program. Cite the authority (e.g., section of WRDA) if 
possible.
    9. If the proposal is for a modification to an environmental 
infrastructure program authority, provide a brief description of the 
assistance provided to date and total federal cost of assistance 
provided to date.
    10. 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.
    11. Describe, to the extent applicable and practicable, an estimate 
of the anticipated monetary and non-monetary benefits of the proposal 
regarding benefits to the protection of human life and property and 
improvement to transportation, the national, regional, or local 
economy, the environment, or the national security interests of the 
United States.
    12. Optional: State whether the proposal is expected to benefit 
disadvantaged communities, including a description of the disadvantaged 
community(ies) and the potential benefits which may accrue as a result 
of the proposal. See the Council for Environmental Quality (CEQ) 
website for information on (1) categories of burden at the following 
location (https://screeningtool.geoplatform.gov/en/methodology), (2) an 
economic justice screening tool to help identify disadvantaged 
communities (https://screeningtool.geoplatform.gov.)
    13. The name of the non-federal interest planning to act as the 
sponsor, or all non-federal interests in the case of a modification to 
an environmental infrastructure program authority,

[[Page 35820]]

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.
    14. A statement of support from each associated non-federal 
interest. Optional: attach letter(s) of support from interested 
stakeholders. Letters may be addressed generically to the U.S. Army 
Corps of Engineers, the local Corps District office, or the Assistant 
Secretary of the Army of Civil Works office.
    15. State if the non-federal interest has the financial ability to 
provide for the required cost share.
    16. State if there is local support for the proposal and describe 
the local support.
    A complete list of information requested on the proposal form is 
available on the USACE Headquarters Annual Report web page: https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/.
    The information provided in a proposal will be posted to the 
Headquarters public website for the Annual Report. Therefore, any 
information that is Confidential Business Information, information that 
should not be disclosed because of statutory restrictions, or any other 
information that a non-federal interest would not want to appear 
publicly should not be included in the proposal.

E. Evaluation Criteria

    All proposals submitted within the time frame set forth in this 
notice will be considered for inclusion in the 2025 Annual Report to 
Congress on Future Water Resources Development. To be included in the 
Annual Report table, the proposals must meet all the following five 
criteria established by Congress:
    1. The proposal is related to USACE missions and authorities. The 
proposal must involve a proposed or existing USACE water resources 
project or effort where the primary purpose is flood and/or coastal 
storm damage reduction, commercial navigation, aquatic ecosystem 
restoration, or municipal or agricultural water supply. Proposals for 
recreation or hydropower are eligible for inclusion if undertaken in 
conjunction with one of the primary purposes listed in this paragraph.
    2. The proposal requires specific Congressional authorization, 
including by an Act of Congress.
    3. The proposal has not been previously authorized by Congress.
    4. The proposal has not been included in the Annual Report table of 
any previous Annual Report to Congress on Future Water Resources 
Development.
    5. The proposal, if authorized, could be carried out by USACE.
    The purpose of the five criteria is, primarily, to determine if a 
proposal will require Congressional authorization for USACE to 
undertake the proposed water resources study or project with the non-
federal interest.
    Proposals for modifications to environmental infrastructure 
authorities 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.
    Additional information and frequently asked questions on the five 
criteria are available on the USACE Headquarters Annual Report web 
page: https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/.

F. Contents of the Annual Report

    The Annual Report will be transmitted to Congress by the ASA(CW) 
and posted to the USACE Headquarters website at https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/WRRDA-7001-Proposals/.
    1. The Annual Report will include a certification by the ASA(CW) 
stating that each proposal included in the Annual Report meets the five 
criteria established by Congress or the requirements for proposed 
modifications to environmental infrastructure program authorities.
    2. Signed Chief's Reports recommending authorization of a water 
resources project will be included in the Annual Report table by the 
ASA(CW); these proposals should not be submitted in response to this 
notice.
    3. Section 902 of WRDA 1986, as amended, (33 U.S.C. 2280) 
establishes a maximum authorized cost for water resources projects 
(also known as the 902 limit). A post authorization change report is 
required to be completed to support potential modifications to the 
project authority, including updates to authorized project costs. 
Completed post authorization change reports recommending modifications 
to the authorization of a water resources project will be included in 
the Annual Report table by the ASA(CW); these proposals should not be 
submitted in response to this notice.
    4. Proposals that do not meet all five criteria established by 
Congress or the requirements for proposed modifications to 
environmental infrastructure program authorities 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 
established by Congress.

Michael Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2024-09576 Filed 5-1-24; 8:45 am]
BILLING CODE 3720-58-P