SUPPLEMENTARY INFORMATION:

Section 301 of WRDA 2020, as amended by Section 1301 of WRDA 2024 (33 U.S.C. 579d-2) directs the Secretary to develop a proposed list of inactive water resources development projects for deauthorization, provide an opportunity for public input on the proposed list, and submit a final list to Congress. The intent is to identify water resources development projects and separable elements of projects that are no longer viable for construction due to: (1) a lack of local support, (2) a lack of available Federal or non-Federal resources, or (3) an authorizing purpose that is no longer relevant or feasible. The process is intended to identify projects for Congress to deauthorize and to allow the continued authorization of projects that remain viable for construction.

Section 301, as amended, provides that the Secretary shall develop a proposed deauthorization list that identifies water resources development projects and separable elements of projects, authorized for construction before June 10, 2014, that meet one of the three criteria listed above. Projects and separable elements on the list are also those that meet one of two criteria: (1) planning, design, or construction was not initiated before January 4, 2025; or (2) planning, design, or construction was initiated before January 4, 2025, but no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element during the current fiscal year or any of the 10 preceding fiscal years.

The statute directs the Secretary to prepare the final deauthorization list by considering the comments received and revising the proposed list as necessary to respond to them. The Secretary is also directed to include with the final list an appendix that identifies each project or separable element on the proposed list that is not included on the final list and describes the reasons it is not included. The statute further provides that the final list shall not include any project or separable element for which Federal funds for planning, design, or construction were obligated after development of the preliminary list but before submission of the final list to Congress (33 U.S.C. 579d-2(c)(2)).

The proposed deauthorization list and notice for public comment was published to the Federal Register on May 21, 2026. The public comment period was 90 days, ending on August 19, 2026. The proposed deauthorization list identified 249 projects and separable elements, with an estimated Federal cost to complete of $3,643,281,554. Comments were received through the Federal eRulemaking Portal and by email. ( printed page 73218)

A total of 41 public comment submissions were received on the proposed deauthorization list. Comments were considered by the Assistant Secretary of the Army for Civil Works and a final deauthorization list was developed to include an appendix identifying each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list and the reason for its removal. Projects and separable elements were not included on the final deauthorization list where local support and availability of non-Federal resources were demonstrated. While the projects and separable elements in the appendix were removed from the final deauthorization list, they will be included in future iterations of the deauthorization list if Federal or non-Federal funding is not received to advance these projects or separable elements by December 31, 2027. The final deauthorization list contains 206 projects and separable elements, with an estimated Federal cost to complete of $2,465,487,356. The final deauthorization list and appendix can be found at: www.usace.army.mil/​Missions/​Civil-Works/​Water-Resources-Development-Act/​.

The final deauthorization list is submitted to Congress. Deauthorization of identified projects and separable elements will require further legislative action by Congress.

Authority: This notice is required by Section 301 of the Water Resources Development Act of 2020, as amended by 1301 of the Water Resources Development Act of 2024 (33 U.S.C. 579d-2).

91 FR 73217