81 FR 31919 - Proposals by Non-Federal Interests, for Feasibility Studies and for Modifications to an Authorized Water Resources Development Project or Feasibility Study, for Inclusion in the Annual Report to Congress on Future Water Resources Development

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 81, Issue 98 (May 20, 2016)

Section 7001 of Water Resources Reform and Development Act (WRRDA) 2014 requires that the Secretary of the Army to annually submit to the Congress a report (Annual Report) that identifies feasibility reports, proposed feasibility studies submitted by non-Federal interests, and proposed modifications to an authorized water resources development project or feasibility study that meet certain criteria. The Annual Report is to be based, in part, upon requests for proposals submitted by non-Federal interests.

[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Pages 31919-31920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11944]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Proposals by Non-Federal Interests, for Feasibility Studies and 
for Modifications to an Authorized Water Resources Development Project 
or Feasibility Study, 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 Water Resources Reform and Development Act 
(WRRDA) 2014 requires that the Secretary of the Army to annually submit 
to the Congress a report (Annual Report) that identifies feasibility 
reports, proposed feasibility studies submitted by non-Federal 
interests, and proposed modifications to an authorized water resources 
development project or feasibility study 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 online by September 19, 2016.

ADDRESSES: Submit proposals online at: http://www.usace.army.mil/Missions/CivilWorks/ProjectPlanning/WRRDA7001Proposals.aspx. 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 Lisa Kiefel, Planning and 
Policy Division, Headquarters, USACE, Washington, DC at 202-761-0626.

SUPPLEMENTARY INFORMATION: Section 7001 of WRRDA 2014 requires the 
publication of a notice in the Federal Register to request proposals by 
non-Federal interests for feasibility studies and modifications to an 
authorized USACE water resources development project or feasibility 
study. Project feasibility reports that have successfully completed 
Executive Branch review, 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 all non-Federal interests planning to act as the 
sponsor, 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.
    2. State if this proposal is for a feasibility study or a 
modification to an authorized USACE water resources development project 
or feasibility study and, if a modification, specify the authorized 
water resources development project or study 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 economy; the environment; 
or the national security interests of the United States.
    6. Describe if local support exists for the proposal.
    7. State if the non-Federal interest has the financial ability to 
provide for the required cost share, reference ER 1105-2-100.
    8. Upload a letter or statement of support 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 Chief of Engineers and Secretary of 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 criteria:
    1. Are related to the missions and authorities of the USACE;
    Involves a proposed or existing USACE water resources project or 
effort whose primary purpose is flood and storm damage reduction, 
commercial navigation, or aquatic ecosystem restoration. Following 
long-standing USACE practice, related proposals such as for recreation, 
hydropower, or water supply, 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;
    This is envisioned to comprise the following cases:
    a. SEEKING CONSTRUCTION AUTHORIZATION.
     Signed Chief's Reports or non-Federal feasibility reports 
submitted to the Secretary of the Army under Section 203 of WRDA 1986, 
as amended, under review,
     Signed Chief's Report or non-Federal feasibility reports 
not yet submitted to the Secretary of the Army under Section 203 of 
WRDA 1986, as amended,
     Ongoing feasibility studies that are expected to result in 
a Chief's Report, and
     Proposed modifications to authorized water resources 
development projects requested by non-Federal interests through the 
Section 7001 of WRRDA 2014 process.
    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.
    c. The following cases are NOT CONSIDERED ELIGIBLE to be included 
in the Annual Report and will be included in the appendix for 
transparency:
     Proposals for modifications to non-Federal activities 
where USACE has provided previous technical assistance. Examples of 
this type of work include the various environmental infrastructure 
programs. 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

[[Page 31920]]

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.
    d. For proposals seeking new construction authorization, 
CONSTRUCTION ON ANY PROJECT IN THE ANNUAL REPORT TABLE CANNOT PROCEED 
UNTIL Congress authorizes and funds the project.
    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.

    Feasibility study proposals submitted by non-Federal interests are 
for the study 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.
    Section 902 of WRDA 1986 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 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 or 
feasibility study included in the Annual Report meets the criteria 
established in Section 7001 of WRRDA 2014.
    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 those proposals did not meet the criteria.

    Dated: May 6, 2016.
Steven L. Stockton,
Director of Civil Works.
[FR Doc. 2016-11944 Filed 5-19-16; 8:45 am]
 BILLING CODE 3710-58-P