83 FR 17540 - 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 83, Issue 77 (April 20, 2018)

Page Range		17540-17541
FR Document		2018-08292

Section 7001 of Water Resources Reform and Development Act (WRRDA) 2014 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, 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 83 Issue 77 (Friday, April 20, 2018)

[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17540-17541]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-08292]

[[Page 17540]]

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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 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 August 20, 2018.

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
WRRDA7001Proposal@usace.army.mil 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 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 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;
Comprise the following cases:
a. Requires Construction Authorization.
Signed Chief's Reports
Non-Federal feasibility reports submitted to the Secretary
of the Army under Section 203 of WRDA 1986, as amended, under
Administration review,
Ongoing feasibility studies that are expected to result in
a Chief's Report, and
Proposed modifications to environmental infrastructure
projects that were authorized prior to the date of enactment of the
Water Resources Development Act of 2016 (December 16, 2016) pursuant to
Section 219 of WRDA 1992, as amended; 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 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 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

[[Page 17541]]

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.
All 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 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: April 13, 2018.
James C. Dalton,
Director of Civil Works.
[FR Doc. 2018-08292 Filed 4-19-18; 8:45 am]
BILLING CODE 3720-58-P

Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices 17541

Annual Report to Congress on Future Authorization Change Report (PACR) is to the new Roller Compacted Concrete
Water Resources Development; and required to be completed to support (RCC) berm structure at the saddle dam,
• If the proposal was included in the potential modifications, updates to all for the purpose of lowering risk at
Annual Report table in a previous project costs, and an increase to the 902 Center Hill Dam, DeKalb County,
Report to Congress on Future Water limit. Authority to undertake a 902 Tennessee.
Resources Development, then the study is inherent in the project DATES: Comments regarding the NOI
proposal is not eligible to be included authority, so no authority is required to must be received by USACE within 30
in the Annual Report table. If a proposal proceed with the study. Since these days of publication of the NOI on or
was previously included in an appendix PACRs support project modifications, before May 20, 2018.
it may be re-submitted. they may be considered for inclusion in ADDRESSES: USACE-Nashville District,
5. If authorized, could be carried out the Annual Report if a report’s 110 9th Avenue South, RM 405A,
by the USACE. recommendation requires Congressional Nashville, Tennessee 37203–3817.
• Whether following the USACE authorization.
FOR FURTHER INFORMATION CONTACT:
Chief’s Report process or Section 7001 The Secretary shall include in the
Please direct your comments to Joy
of WRRDA 2014, a proposal for a project Annual Report to Congress on Future
Broach, Aquatic Biologist, (615) 736–
or a project modification would need a Water Resources Development a
7956; email: joy.i.broach@
current decision document to provide certification stating that each feasibility
usace.army.mil. Written comments can
updated information on the scope of the report, proposed feasibility study, and
be mailed to the address above.
potential project and demonstrate a proposed modification to an authorized
SUPPLEMENTARY INFORMATION: 1.
clear Federal interest. This water resources development project or
determination would include an feasibility study included in the Annual Background Information. Center Hill
assessment of whether the proposal is: Report meets the criteria established in Dam was designed in the 1930s,
Section 7001 of WRRDA 2014. constructed in the 1940s, and
—Technically sound, economically impounded in the early 1950s. The dam
viable and environmentally Please contact the appropriate district
office or use the contact information was built on karst geology using
acceptable. accepted engineering practices of the
—Compliant with environmental and above for assistance in researching and
identifying existing authorizations and day. Center Hill Dam consists of a 248′
other laws including but not limited high by 1,400′ long combination earthen
to National Environmental Policy Act, existing USACE decision documents.
Those proposals that do not meet the embankment and concrete main dam,
Endangered Species Act, Coastal Zone and a 125′ high by 800′ long earthen
Management Act, and the National criteria will be included in an appendix
table included in the Annual Report to embankment auxiliary dam referred to
Historic Preservation Act. as the saddle dam. The main dam has
—Compliant with statutes and Congress on Future Water Resources
Development. Proposals in the appendix eight 34′ x 57′ spillway gates that rotate
regulations related to water resources upward to safely pass flow during and
development including various water table will include a description of why
those proposals did not meet the after large rainfall events. To comply
resources provisions related to the with updated design flood guidance, a
authorized cost of projects, level of criteria.
self-eroding fuse plug section was
detail, separable elements, fish and Dated: April 13, 2018. retrofitted into the top of the saddle dam
wildlife mitigation, project James C. Dalton, in 1992 to serve as an emergency
justification, matters to be addressed Director of Civil Works. spillway. The fuse plug operation
in planning, and the 1958 Water [FR Doc. 2018–08292 Filed 4–19–18; 8:45 am] almost doubles Center Hill’s total
Supply Act. BILLING CODE 3720–58–P spillway capacity to keep the main dam
Feasibility study proposals submitted from overtopping during an extreme
by non-Federal interests are for the flood event. A Dam Safety Modification
study only. If Congressional DEPARTMENT OF THE DEFENSE Study to reduce the risk of a foundation
authorization of a feasibility study seepage dam failure was approved in
results from inclusion in the Annual Department of the Army, Corps of late 2006 and consisted of three major
Report, it is anticipated that such Engineers construction contracts beginning in
authorization would be for the study, 2008. The first contract injected
not for construction. Once a decision Intent To Prepare a Draft concrete grout into the foundation of the
document is completed in accordance Environmental Impact Statement for main dam embankment (soil portion of
with Executive Branch policies and the Dam Safety Modification Study the dam) and was completed in 2010.
procedures, the Secretary will Report for Center Hill Dam, DeKalb The second contract installed a concrete
determine whether to recommend the County, Tennessee barrier wall into the main dam
project for authorization. AGENCY: U.S. Army Corps of Engineers, embankment and was completed in
All water resources development DoD. 2015. This concrete barrier wall is the
projects must meet certain requirements ACTION: Notice of Intent. permanent seepage barrier protection for
before proceeding to construction. the main dam embankment. The third
These requirements include: (1) That SUMMARY: Pursuant to the National major contract for construction of a
the project is authorized for Environmental Policy Act (NEPA) of Roller Compacted Concrete (RCC) berm
construction by Congress; (2) that the 1969, as amended, the U.S. Army Corps below the saddle dam began in
Secretary, or other appropriate official, of Engineers, Nashville District (USACE) September 2016 and is on-going. The
sradovich on DSK3GMQ082PROD with NOTICES

has approved a current decision is preparing a draft Environmental purpose of the RCC berm is to reduce
document; and, (3) that the funds for Impact Statement (EIS) to support the the risk of saddle dam failure caused by
project construction have been Dam Safety Modification Study Report under-seepage or overtopping during an
appropriated and are available. (DSMSR) for Center Hill Dam. The study extreme flood event. A Post
Section 902 of WRDA 1986 would evaluate the main dam spillway Implementation Evaluation (PIE) was
establishes a maximum authorized cost gate operability, the saddle dam fuse completed in 2017 to assess the
for projects (902 limit). A Post plug operation, and spillway additions effectiveness of the above construction

VerDate Sep<11>2014 17:44 Apr 19, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1

Document Created: 2018-04-20 00:03:02
Document Modified: 2018-04-20 00:03:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Proposals must be submitted online by August 20, 2018.
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.
FR Citation		83 FR 17540

83 FR 17540 - 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 DEFENSEDepartment of the Army, Corps of Engineers

Federal Register Volume 83, Issue 77 (April 20, 2018)

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers