83 FR 5075 - Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 83, Issue 24 (February 5, 2018)

The U.S. Army Corps of Engineers (USACE) is proposing to issue an Engineer Circular (EC), which is an agency policy document that will provide the policies and procedures related to how USACE will process certain requests by others to alter a USACE civil works project pursuant to Section 14 of the Rivers and Harbors Act of 1899, as amended (more commonly referred to as Section 408). This notice announces the availability of the draft EC for comment. The comment period on the draft document starts with the publication of this notice in the Federal Register and will last for 30 days. The draft EC is available for review on the USACE Section 408 website (http:// www.usace.army.mil/Missions/Civil-Works/Section408/) and at http:// www.regulations.gov reference docket number COE-2018-0003.

[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Notices]
[Pages 5075-5076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02207]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Policy and Procedural Guidance for Processing Requests To Alter 
U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 
408

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

ACTION: Notice.

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SUMMARY: The U.S. Army Corps of Engineers (USACE) is proposing to issue 
an Engineer Circular (EC), which is an agency policy document that will 
provide the policies and procedures related to how USACE will process 
certain requests by others to alter a USACE civil works project 
pursuant to Section 14 of the Rivers and Harbors Act of 1899, as 
amended (more commonly referred to as Section 408). This notice 
announces the availability of the draft EC for comment. The comment 
period on the draft document starts with the publication of this notice 
in the Federal Register and will last for 30 days. The draft EC is 
available for review on the USACE Section 408 website (http://www.usace.army.mil/Missions/Civil-Works/Section408/) and at http://www.regulations.gov reference docket number COE-2018-0003.

DATES: Comments must be submitted on or before March 7, 2018.

ADDRESSES: You may submit comments identified by docket number COE-
2018-0003 by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected] and include the docket number 
COE-2018-0003 or ``EC 1165-2-220 Comments'' in the subject line of the 
message.
    Mail: Headquarters, U.S. Army Corps of Engineers, ATTN: CECW-CE/
3E62, 441 G Street NW, Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: If submitting comments through the Federal 
eRulemaking Portal, direct your comments to docket number COE-2018-
0003. All comments received will be included in the public docket 
without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, 
unless the commenter indicates that the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI, or otherwise protected, 
through regulations.gov or email. The regulations.gov website is an 
anonymous access system, which means we will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email directly to USACE without going through 
regulations.gov, your email address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the internet. If you submit an electronic comment, we 
recommend that you include your name and other contact information in 
the body of your comment. If we cannot read your comment because of 
technical difficulties and cannot contact you for clarification, we may 
not be able to consider your comment. Electronic comments should avoid 
the use of any special characters, any form of encryption, and be free 
of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Ms. Tammy Conforti at 202-761-4649, 
email [email protected], or visit http://www.usace.army.mil/Missions/Civil-Works/Section408/.

SUPPLEMENTARY INFORMATION: Section 14 of the Rivers and Harbors Act of 
1899, as amended, and codified in 33 U.S.C. 408 (Section 408) provides 
that the Secretary of the Army may, upon the recommendation of the 
Chief of Engineers, grant permission to other entities for the 
permanent or temporary alteration or use of any USACE Civil Works 
project. This requires a determination by the Secretary that the 
requested alteration will not be injurious to the public interest and 
will not impair the usefulness of the USACE project.
    USACE is proposing to issue Engineer Circular (EC) 1165-2-220, 
Policy and Procedural Guidance for Processing Requests to Alter U.S. 
Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, 
to update processes related to how USACE will review certain requests 
by others to alter a USACE civil works project. For example, other 
entities may want to alter a Civil Works project to increase 
recreational opportunities; improve flood risk management; or construct 
a road, transmission line, or pipeline across a Civil Works project. 
The purpose of the Section 408 review is to ensure that the 
Congressionally-authorized purpose and benefits of a Civil Works 
project are protected and maintained (e.g., flood risk management, 
navigation, coastal storm damage reduction) and to ensure what is being 
proposed is not injurious to the public interest. An effective and 
efficient review of proposed alterations to Civil Works projects 
protects tax payer investments in water resources infrastructure, while 
ensuring compatibility with new infrastructure, improvements, and other 
public or private interests.
    The first comprehensive policy and procedures for evaluation of 
alterations under Section 408 was issued as EC 1165-2-216 on July 31, 
2014. Based on lessons learned from implementing EC 1165-2-216, USACE 
began the process to revise and update its Section 408 process to 
clarify applicability, roles and responsibilities, and the basic 
requirements. From November 2016 through January 2018, USACE issued 
multiple interim guidance to improve the efficiency and effectiveness 
of the Section 408 review process while continuing to work on a full 
policy revision.
    USACE has now completed a draft of a new policy document (EC 1165-
2-220) to replace EC 1165-2-216. EC 1165-2-220 would expire two years 
from issuance, which will provide USACE time consider implementation 
experience to identify any necessary clarifications or changes. After 
two years, EC 1165-2-220 will either be revised, rescinded, or 
converted to an Engineer Regulation, which does not expire.
    EC 1165-2-220 is intended to consolidate the interim guidance 
issued since 2016 and update procedures to facilitate a scalable 
approach to reviewing Section 408 requests in a timely manner while 
maintaining a national consistent approach to

[[Page 5076]]

decision-making. EC 1165-2-220 includes proposed revisions that clarify 
the geographical limits for when the procedures set forth in the EC for 
processing a Section 408 permission apply; eliminates duplication of 
effort when the intent of Section 408 can be satisfied by another 
existing USACE review process; addresses emergency alterations; and, 
provides additional detail on categorical permissions and an option for 
conducting a multi-phased review. The EC also provides greater clarity 
on requirements for environmental compliance; implements timelines for 
USACE reviews and notifications; and, provides additional delegation of 
decision-making authority.
    EC 1165-2-220 has also been developed in accordance with 
requirements in Section 1007 of the Water Resources Reform and 
Development Act (WRRDA) of 2014 (Pub. L. 113-121) and Section 1156 of 
the Water Resources Development Act (WRDA) of 2016 (Title I of Pub. L. 
114-322). USACE now invites all interested parties to review and 
provide comment on the draft of EC 1165-2-220 prior to final 
publication.
    Following the comment period, USACE will consider all comments 
received, make revisions as needed, and publish the final EC 1165-2-220 
as soon as possible. When the final EC is published, a notice will be 
placed in the Federal Register. The final EC will be available on USACE 
publications website (http://www.publications.usace.army.mil/).

    Dated: January 31, 2018.
James C. Dalton,
Director of Civil Works.
[FR Doc. 2018-02207 Filed 2-2-18; 8:45 am]
 BILLING CODE 3720-58-P