Delegation of Authority in Section 2034(a)(5)(A) of the Water Resources Development Act of 2007 (WRDA 2007), as amended (33 U.S.C. 2343) (2018) Section 2034(a)(5) of WRDA 2007 authorizes the Chief of Engineers to exclude a study from IEPR if the study does not include an environmental impact statement, and if the Chief of Engineers determines that the study is not controversial; has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources; has no substantial adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the critical habitat of such species designated under such Act. This memo delegates the authority to determine that a study for a project with an estimated total cost, including mitigation costs, of more than $200 million meets the criteria in Section 2034(a)(5) and is excluded from IEPR, to the Director of Civil Works.
Implementation Guidance for Section 1001 of the Water Resources Reform and Development Act of 2014, Vertical Integration and Acceleration of Studies as amended by Section 1330(b) of the Water Resources Development Act of 2018 (2019) Section 1001 of Water Resources Reform and Development Act of 2014 (WRRDA 2014) (Public Law 113-121) provides that, to the extent practicable, USACE feasibility reports will be completed in three years and will have a maximum federal cost of $3 million and that USACE Districts, Divisions and Headquarters review will be concurrent. Section 1001 provides further that the Secretary of the Army may extend the timeline and/or approve federal costs greater than $3 million. Section 1001 also provides that a feasibility study will be terminated if the study is not completed within certain timeframes. Section 1330(b) of the Water Resources Development Act of 2018 (WRDA 2018) extends the timeline for a feasibility study to ten years. This implementation guidance applies to all feasibility studies of proposed water resources development projects that are initiated after June 10, 2014, except for feasibility studies conducted under the Continuing Authorities Program. It supersedes the implementation guidance for Section 1001, dated 9 April 2015, as well as the reissued version dated 19 July 2018.
Implementation Guidance for Section 1003 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Expedited Completion of Reports (2015) Section 1003 of WRRDA 2014 directs the Secretary to expedite completion of any on-going feasibility study for a project that was initiated before the date of enactment of WRRDA 2014 and, if the Secretary determines that the project is justified in a completed report, to proceed directly into preconstruction planning, engineering and design of the project in accordance with Section 910 of the Water Resources Development Act of 1986 (WRDA 1986).
Implementation Guidance for Section 1005 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Project Acceleration (2018) Section 1005 WRRDA 2014 (Public Law 113-121) modifies Section 2045 of the WRDA 2007 (33 USC 2348) and in general directs that the Secretary shall develop and implement a coordinated environmental review process for the development of project studies. This guidance applies to all feasibility studies for proposed water resources development projects that will require specific authorization if the feasibility cost share agreement (FCSA) for the study was executed after enactment of WRRDA 2014 (10 June 2014) and for which an environmental impact statement (EIS) is prepared under the National Environmental Policy Act of 1969 (42 USC 4321 et seq.) (NEPA). The guidance also applies to feasibility studies initiated after enactment of WRRDA 2014 but that do not require a FCSA. It may also apply to other project studies initiated after enactment of WRRDA 2014 that require an environmental assessment, categorical exclusion, or other document under NEPA if determined appropriate by the Secretary. The guidance provides timelines and instruction to project delivery teams (PDTs) for engaging with federal, state, and local government agencies and Indian tribes on the environmental review process.
Implementation Guidance for Section 1025 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Water Resources Projects on Federal Lands (2015) Section 1025 of WRRDA 2014 provides discretionary authority to the Secretary to carry out an authorized water resources development project on federal land that is under the administrative jurisdiction of another federal agency, where the cost of acquisition of such federal land has been paid for by the non-federal sponsor. The Secretary may carry out such a project only after the non-federal sponsor has entered into a Memorandum of Understanding (MOU) with the federal agency with administrative jurisdiction over such federal land, which includes such terms and conditions as the Secretary determines to be necessary. This section does not alter any non-federal cost-sharing requirements.
Implementation Guidance for Section 1028 of the Water Resources Reform and Development Act of 2014 - Clarification of Mitigation Authority (2015) Section 1028 of WRRDA 2014 provides discretionary authority for the Secretary to carry out measures to improve habitat for fish species within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery, if the Secretary has been explicitly authorized to compensate for fish losses associated with the project and, if the Secretary determines that the measures are feasible, consistent with the authorized project purposes and the fish hatchery, and in the public interest. At such times as funds are provided, a feasibility study of measures to improve habitat at constructed Corps project with a fish hatchery may be undertaken if there is an explicit Congressional authorization to compensate for fish losses at that project.
Implementation Guidance for Section 1031 (a) of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), and for Section 1121 of the Water Resources Development Act of 2016 (WRDA 2016), Tribal Partnership Program (2018) Section 203 of WRDA 2000, as amended (33 U.S.C. 2269), authorizes the Secretary to carry out the Tribal Partnership Program, consisting of water-related planning activities, and activities related to the study, design, and construction of water resources development projects, that substantially benefit federally-recognized Indian Tribes and that are located primarily within Indian country (including lands within the jurisdictional area of an Oklahoma Tribe) or in proximity to Alaska Native Villages. The Secretary is also directed to consult with the Department of the Interior on any activity under the Program and to coordinate with Tribes, Department of the Interior and other federal agencies to consider their authorities in making recommendations. To meet this requirement, Districts, in collaboration with Tribal partners, shall implement appropriate coordination with the Department of Interior and other federal agencies during the study and document accordingly in the study report. This guidance supersedes the following guidance documents: Memorandum dated August 16, 2010, subject: "Delegated Review and Approval Authority for Reconnaissance Studies for Section 203 of WRDA 2000 Authority, Tribal Partnership Program"; Implementation Guidance for Section 2011 of WRDA 2007, dated May 16, 2008; Implementation Guidance for Section 203 of WRDA 2000, dated January 8, 2002; and Implementation Guidance for Sections 203(d)(1) and 204 of WRDA 2000, dated February 27, 2001, but only insofar as it relates to Section 203.
Implementation Guidance for Section 1031(b) of the Water Resources Reform and Development Act of 2014- Cooperative Agreements (CAs) With Indian Tribes (2016) Section 1031 of WRRDA 2014 provides authority for the Secretary of the Army to enter into a cooperative agreement with an Indian Tribe (or a designated representative of an Indian Tribe) to carry out authorized activities of the Corps to protect fish, wildlife, water quality, and cultural resources. The Secretary delegated this authority to the Assistant Secretary of the Army (Civil Works) (ASA(CW)), and the ASA(CW) delegated this authority to the Director of Civil Works with the option to re-delegate this authority to division and district commanders. This memorandum does not further re-delegate this authority, but outlines our framework for approval of associated Memorandums of Agreements (MOA) and CAs.
Implementation Guidance for Section 1032 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Territories of the United States (2014) Section 1032 of WRRDA 2014 amends Section 1156 of the Water Resources Development Act of 1986 ("Section 1156") (33 U.S.C. 2310) to provide that the waiver of up to $200,000 of non-Federal cost-sharing for studies and projects in specified territories of the United States be adjusted to account for inflation from November 17, 1986 to June 10, 2014, the date of enactment of WRRDA 2014. In addition, it adds Puerto Rico as a territory eligible for this waiver of non-Federal cost sharing.
Implementation Guidance for Section 1036 of the Water Resources Reform and Development Act of 2014 - Non-Federal Plans to Provide Additional Flood Risk Reduction (2015) Section 1036 of WRRDA 2014 directs that, if requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan (LPP) that provides a higher level of protection than a flood risk management plan authorized in the Water Resources Reform and Development Act of 2014 (WRRDA 2014) if the Secretary determines that the plan is technically feasible and environmentally acceptable and the benefits of the plan exceed the costs of the plan. The Federal cost of any locally preferred plan carried out under Section 1036 shall not be greater than the share provided by law for elements of the National Economic Development (NED) plan.
Implementation Guidance for Section 1037(a) of the Water Resources Reform and Development Act (WRRDA) of 2014, Hurricane and Storm Damage Reduction (2015) Section 1037 (a) further amends Section 156 of the Water Resources Development Act of 1976, as amended (42 U.S.C. 1962d-5f), to provide that, at the request of the non-Federal interest, the Secretary shall carry out, for any coastal storm risk management project for which periodic renourishment is authorized for a maximum period of 50 years, a study to determine the feasibility of extending the period of nourishment for a period not to exceed 15 additional years beyond the 50 year maximum period of federal participation in cost shared renourishment. Upon completion of such a study, the Secretary shall report to the Congress on any recommendations and shall also include those recommendations related to the need for specific Congressional authorization in the annual report required by section 7001 of WRRDA 2014. Further, the non-Federal interest is required to submit a plan for reducing risk to people and property that the Secretary shall include with the recommendations provided to Congress.
Implementation Guidance for Section 1038(2) of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Integrating Section 1122(i) of the Water Resources Development Act of 2016, Reduction of Federal Cost for Hurricane and Storm Damage Reduct (2018) Section 1038(2) of WRRDA 2014 amends Section 204(d) of WRDA 1992, as amended (33 USC 2326) (formerly referred to as Section 207), to authorize the Secretary to select, with the consent of the non-Federal interest, a disposal method that is not the least cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property and the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion. Section 1122(i)(2) of WRDA 2016 further amends Section 204(d), as amended, by providing that disposal under Section 204(d) may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance. This section also authorizes the Secretary to accept funds from a non-Federal interest to dispose of dredged material as provided under section 103(d)(1) of WRDA 1986, as amended.
Implementation Guidance for Section 1044 of the Water Resources Reform and Development Act (WRRDA) of 2014- Independent Peer Review (2016) : Section 1044 of the Water Resources Reform and Development Act (WRRDA) 2014 amends Section 2034 of the Water Resources Development Act (WRDA) of 2007 by increasing to $200 million the estimated total project cost for project studies to be subject to mandatory Independent External Peer Review (IEPR); adding requirements for congressional and public notifications if an IEPR is not to be conducted; adding notification requirements and timelines for when a decision to conduct IEPR has been made; adding requirements for notice and public availability of the Final IEPR Report and Agency Response; and extending the period of applicability of Section 2034, as amended, to include project studies initiated prior to November 8, 2019.
Implementation Guidance for Section 1119 of the Water Resources Development Act (WRDA) 2016, Indian Tribes (2017) Section 1119 of WRDA 2016 further amends Section 1156 of WRDA 1986 (33 U.S.C. 2310). Section 1032 of the Water Resources Reform and Development Act (WRRDA) of 2014 previously amended Section 1156 to provide that the non-federal cost sharing waiver of up to $200,000 be adjusted to account for inflation from the date of enactment of WRDA 1986 up to the date of enactment of WRRDA 2014, for studies and projects in specified territories of the United States and in Puerto Rico. Section 1119 of WRDA 2016 extends the waiver provision to Indian Tribes as defined in Section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
Implementation Guidance for Section 1122(a)-(h) of the Water Resources Development Act (WRDA) of 2016, Beneficial Use of Dredged Material (2018) Section 1122 of WRDA 2016 (a-h) directs the Secretary to establish a pilot program consisting of 10 projects for the beneficial use of dredged material for certain specified purposes. It provides for the establishment of regional beneficial use teams to identify and assist in implementation of projects under the pilot program. HQUSACE will publish a notice in the Federal Register with instructions for submitting project proposals. This guidance applies to the selection and implementation of pilot projects.
Implementation Guidance for Section 1122(j) of the Water Resources Development Act of 2016 (WRDA 2016), Beneficial use of Dredged Material, Clarification (2017) Section 1122(j) of the Water Resources Development Act (WRDA) of 2016 further amends Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962-5f(e)) by striking "3" and inserting "6" in Section 156(e). As a result, the special rule at 42 U.S.C. 1962-5f(e) now is as follows: "(e) Special Rule.-Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 5 year-period beginning on June 10, 2014, that project shall remain eligible for nourishment for an additional 6 years after the expiration of such period.
Implementation Guidance for Section 1126 of the Water Resources Development Act of 2016 (WRDA 2016), Study of Water Resources Development Projects by Non-Federal Interests (Revised) (2018) The purpose of this memorandum is to provide guidance regarding the provision of technical assistance to a non-Federal interest undertaking a feasibility study of a proposed water resources development project pursuant to Section 203 of WRDA 1986. This guidance replaces previously signed implementation guidance for WRDA 2016 section 1126 (April 2017), which is rescinded in its entirety and supersedes specific sections of Engineering Regulation 1165-2-209, Studies of Water Resources Development Projects by Non-Federal Interests, dated February 4, 2016. This guidance does not affect previous agreements that identify and commit to specific technical assistance.
Implementation Guidance for Section 1126 of the Water Resources Development Act of 2018, Purpose and Need (2019) Section 1126 of the Water Resources Development Act of 2018 (WRDA 2018) requires District Engineers to develop and provide a purpose and need statement to an applicant within 90 days of the applicant submitting a complete application for a water storage project. This guidance is applicable to all USACE Districts that implement Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and/or Section 14 of the Rivers and Harbors Act of 1899 (Section 408), and applies to the Corps' processing of applications for permits under these authorities for regulated activities associated with the construction of a new water storage project or modification of an existing water storage project.
Implementation Guidance for Section 1128 of the Water Resources and Development Act of 2016 (WRDA 2016), Multistate Activities (2017) Section 1128 of WRDA 16 further amends Section 22 of WRDA 197 4, as amended (42 U.S.C. 1962d-16), to authorize the Secretary to cooperate with a group of states in the preparation of comprehensive plans, and to allow two or more states to combine all or a portion of the funds made available for preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such state or group of states.
Implementation Guidance for Section 1136 of the Water Resources Development Act of 2018, Credit or Reimbursement (2019) Section 1136 of WRDA 2018 amends Section 1022 of WRRDA 2014 (33 U.S.C. 2225) to modify the eligibility of authorized flood damage reduction projects constructed by non-Federal interests under Section 211 WRDA 1996 (33 U.S.C. 701 b--13) for credit in lieu of reimbursement. Section 1136 also expands Section 1022 to include authorized coastal navigation projects constructed USACE prior to October 23, 2018 using funds advanced by non-Federal interests pursuant to Section 11 of the Act of March 3, 1925 (33 U.S.C. 561 ). Section 1136 limits the application of credits and reimbursements to flood damage reduction and coastal navigation projects or studies.
Implementation Guidance for Section 1150 of the Water Resources Development Act of 2016 (WRDA 2016), Ice Jam Prevention and Mitigation (2017) Section 1150 of WRDA 2016 authorizes the Secretary to carry out projects under Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701 s) that include the planning, design, construction, and monitoring of structural and nonstructural technologies and measures for preventing and mitigating flood damages associated with ice jams, and directs the Secretary to implement a pilot program to demonstrate the designs and technologies developed in accordance with the section beginning in FY17. The district will take the lead in developing the proposals and will coordinate through the division to the Headquarters Continuing Authority Program Manager, who will manage the Section 205 program.
Implementation Guidance for Section 1152 of the Water Resources Development Act of 2018, Studies of Water Resources Development Projects by Non-Federal Interests (2019) Section 1152 of WRDA 2018 further amends Section 203 of WRDA 1986 (33 U.S.C. 2231), which authorizes non-Federal interests to undertake feasibility studies of water resources development projects for submission to the Secretary, to require that the study must be Federally authorized. In addition, it provides that the completion of a review by the Secretary of a submitted study may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration. Further, it authorizes the Secretary to accept funds provided by non-Federal interests to carry out technical assistance related to any aspect of the feasibility study, and it also authorizes the Secretary to accept funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out Section 203. It specifies that any funds provided by non-Federal interests under Section 203 are not eligible for credit or reimbursement. Finally, it provides that the Secretary shall ensure that the use of funds accepted from the non-Federal interests will not affect the impartial decision making of the Secretary, either substantively or procedurally, and the provision of technical assistance shall not be considered an approval or endorsement of the feasibility study and shall not affect the responsibilities of the Secretary under Section 203.
Implementation Guidance for Section 1153 of the Water Resources Development Act of 2018, Construction of Water Resources Development Projects by Non-Federal Interests (2019) Section 1153 of WRDA 2018 further amends Section 204 of WRDA 1986 (33 U.S.C. 2232), which authorizes a non-Federal interest to undertake construction of certain water resources development projects. Section 1153 provides that the projects must be Federally authorized; provides exceptions to permitting requirements in certain situations; provides that any studies, engineering, and technical assistance provided by the Corps to the non-Federal interest is not eligible for credit or reimbursement; requires provision of certain data and documentation to the non-Federal interest; and authorizes credit or reimbursement as discrete segments of the project or separable elements are completed.
Implementation Guidance for Section 1159 of the Water Resources and Development Act of 2018, Regional Coalitions and Higher Education (2019) Section 1159 of WRDA 2018 amends Section 22(a) of WRDA 1974 (42 U.S.C. 1962d-16(a)), to authorize regional coalitions of governmental entities to participate in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State, interest, or entity. Additionally, Section 1159 amends Section 22(a) to authorize the Secretary to work with an institution of higher education in the preparation of comprehensive plans and in the provision of technical assistance. These Section 22 efforts are also known as the Planning Assistants to States (PAS) program.
Implementation Guidance for Section 1161 of the Water Resources Development Act of 2016 (WRDA 2016), Completion of Ecosystem Restoration Projects (2017) When conducting a feasibility study for a project (or component of a project) for ecosystem restoration, the recommended project includes a plan for monitoring the success of the ecosystem restoration. Section 1161 of WRDA 2016 amends Section 2039 of WRDA 2007, to specify information required to be included in monitoring plans for ecosystem restoration projects, and to direct when non-federal operation and maintenance responsibilities of these projects may cease.
Implementation Guidance for Section 1163 of the Water Resources Development Act of 2016 (WRDA 2016), Wetlands Mitigation (2017) Section 1163 of WRDA 2016 amends Section 2036(c) of WRDA 2007 by replacing the full text-of the original provision and providing for consideration of the entire amount of potential in-kind credits available at mitigation banks and in-lieu fee programs when conducting water resources development feasibility studies. This implementation guidance rescinds implementation guidance issued in November 2008 for WRDA 2007 Section 2036(c).
Implementation Guidance for Section 1164 of the Water Resources Development Act of 2018, Local or Regional Government Water Management Plans (2019) Section 1164 of WRDA 2018 authorizes the Secretary, with the consent of the non-Federal interest, to enter into a written agreement for a feasibility study for a water resources development project with a unit of local government in the watershed that has adopted a local or regional water management plan, and to allow the unit of local government to participate in the feasibility study to determine if there is an opportunity to include additional feasible elements in the project to help achieve the purposes identified in the local or regional water management plan. A unit of local government may serve as a sole or co-non-Federal sponsor to a Feasibility Cost Share Agreement (FCSA) executed under Section 105(a)(1) of WRDA 1986 (33 U.S.C. 2215(a)(1 )), or it may partner separately with the non-Federal sponsor to a FCSA to provide input to the feasibility study.
Implementation Guidance for Section 1183 of the Water Resources Development Act of 2016 (WRDA 2016), Coastal Engineering (2018) Section 1183(b)-(e) of WRDA 2016 directs the Secretary to convene an interagency working group (IAWG) on resilience to extreme weather, which will coordinate research, data, and federal investments related to sea level rise, resiliency, and vulnerability to extreme weather, including coastal resilience; authorizes the Secretary to conduct regional assessments of coastal and back bay protection and of federal and state policies and programs related to coastal water resources in cooperation with heads of appropriate federal agencies, states that have approved coastal management programs and appropriate agencies of those states, local governments, and the private sector; and requires the Secretary, when carrying out activities authorized by the section, to use existing research done by federal, state, regional, local, and private entities to eliminate redundancies and related costs to the maximum extent practicable.
Implementation Guidance for Section 1184 of the Water Resources Development Act of 2016 (WRDA 2016), Consideration of Measures (2017) Section 1184 of WRDA 2016 defines natural features and nature-based features and requires the Secretary, with the consent of the non-Federal sponsor, to consider natural features, nature-based features, nonstructural measures, and structural measures, as appropriate, when studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration. In addition, Section 1184 requires the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of subsection (b) no later than February 1, 2020, and 5 and 10 years thereafter
Implementation Guidance for Section 1204 of the Water Resources Development Act of 2016 (WRDA 2016), South Atlantic Coastal Study (2017) Section 1204 of WRDA 2016 authorizes the Secretary to conduct a comprehensive coastal study within the geographic boundaries of the South Atlantic Division (SAD) to (1) identify the risks and vulnerabilities of those areas to increased hurricane and storm damage as a result of sea level rise; (2) recommend measures to address the vulnerabilities; and (3) develop a long-term strategy addressing increased hurricane and storm damages that result from rising sea levels and identifying opportunities to enhance resiliency, increase sustainability, and lower risks in populated areas, areas of concentrated economic development, and areas with vulnerable environmental resources. The section also requires the Secretary to report to Congress within four years after enactment of WRDA 2016 with specific and detailed recommendations to address those risks and vulnerabilities.
Implementation Guidance for Section 1330(a) of the Water Resources Development Act of 2018, Project Deauthorization and Study Extensions (2019) : Section 1330(a) WRDA 2018 amends Section 6003(a) WRRDA 2014 by extending the length of time from a 7-year period to a 10-year period before a water resources development project, separable element, or environmental infrastructure assistance project or program, authorized for construction in WRRDA 2014, is automatically deauthorized because there have been no obligations for construction during that period beginning on June 10, 2014. Any water resources development project, separable element, or environmental infrastructure assistance project or program, authorized for construction by WRRDA 2014, will automatically be deauthorized on June 10, 2024 if there have been no obligations for construction. However, in calculating the 10-year period before automatic deauthorization, the Secretary shall not include any period of time during which the project is being reviewed and awaiting determination by the Secretary to implement a locally preferred plan for that project. The Secretary shall not deauthorize any project during this period of review.
Implementation Guidance for Section 2036(a) of the Water Resources Development Act of 2007 (WRDA 07) Mitigation for Fish and Wildlife and Wetlands Losses (2009) This memorandum provides guidance for Civil Works compensatory mitigation as described in Section 2036(a) of WRDA 2007, which amends Section 906(d) of WRDA 1986. This guidance applies to Civil Works water resources projects that require specific authorization. Mitigation planning for Continuing Authorities Program (CAP) projects should follow the existing guidance found in section C-3(d) and C-3(e) of ER 1105-2-100, and applicable guidance in Appendix F of ER 1105-2-100.
Implementation Guidance for Section 2045(1) of the Water Resources Development Act (WRDA) of 2007, as amended by Section 1005(a)(1) of the Water Resources Reform and Development Act (WRRDA) of 2014, Categorical Exclusion Survey (2016) Section 2045(1) of the Water Resources Development Act (WRDA) of 2007, as amended by Section 1005( a)( 1) of the Water Resources Reform and Development Act (WRRDA) of 2014 (Public Law 113-121) requires that the Secretary of the Army survey the use by the Corps of Engineers of categorical exclusions in projects since 2005 and publish a review of the survey. If the survey identifies a category of activities that merit establishing a new categorical exclusion, then the Secretary is to publish a notice of proposed rulemaking to propose any new categorical exclusion(s). The Secretary is also to solicit requests from other Federal agencies and project sponsors for new categorical exclusions.
Implementation Guidance for Section 3015 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Planning Assistance to States (2016) Section 3015 of WRRDA 2014 further amends Section 22 of the Water Resources Development Act of 197 4 (Section 22) to authorize the Secretary to provide assistance in the preparation of comprehensive water resources plans to a State, or to non-Federal interests working with a State. It provides for the establishment of fees to recover 50 percent of the cost of developing comprehensive plans and in providing technical fees under Section 22 and for the acceptance and expenditure of contributed funds in excess of such fees.
Implementation Guidance for Section 3025 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Post Disaster Watershed Assessments (2015) Section 3025 of WRRDA 2014 authorizes the Secretary to conduct watershed assessments in areas that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). At such time that funds are specifically appropriated for a study under this authority, the study will be conducted in accordance with ER 1105-2-100 and other applicable planning regulations. The study will be cost shared 50 percent federal and 50 percent non-federal. Additional guidance may be requested from Corps Headquarters to address coordination, processing, and approval of the report.
Implementation Guidance for Section 7001 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Annual Report to Congress (2017) Section 7001 of WRRDA 2014 requires that the Secretary of the Army annually submit to the Congress a report (Annual Report on Future Water Resources Development) that identifies for potential congressional authorization completed feasibility reports, proposed feasibility studies, and proposed modifications to authorized projects or studies. The report is to be based, in part, upon responses to an annual notice for proposals from non-federal interests published in the Federal Register. Additionally, Section 7001 requires that the Secretary certify that the proposals included in the annual report meet the criteria established by Congress.
Implementation Guidance for Sections 1015 and 1023 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Contributed Funds (2015) Section 1015 of WRRDA 2014 amends the contributed funds authority codified in 33 U.S.C. 701 h. It expands this authority to allow the U.S. Army Corps of Engineers (USAGE) to accept voluntarily contributed funds from states and political subdivisions as well as from other non-Federal interests. It clarifies that the authority to accept and expend contributed funds applies as well to authorized projects on the inland waterways. Section 1023 of WRRDA 2014 amends Section 902 of the Water Resources Development Act of 1986 (WRDA 1986) (Enclosure 2), as amended (33 U.S.C. 2280) to provide that USAGE may accept contributed funds to carry out any authorized water resources development project that has exceeded its maximum cost.
Implementation Guidance for Sections 1201 and 1207 of the Water Resources Development Act (WRDA) of 2016 (2017) Section 1201 of WRDA 2016 authorizes 30 feasibility studies for water resource development and conservation and other purposes identified in the annual reports submitted to the Congress in 2015 and 2016 pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d). Section 1207 directs the Secretary to conduct studies to determine the feasibility of implementing projects for flood risk management, ecosystem restoration, navigation, water supply, recreation, and other water resource related purposes within the Kanawha River Basin, West Virginia, Virginia, and North Carolina.
Revised Delegation of Authority in Section 2034(a)(5)(A) of the Water Resources Development Act of 2007 (WRDA 2007), as amended (33 U.S.C. 2343) (2018) Section 2034 of WRDA 2007, as amended, requires Independent External Peer Review (IEPR) of studies or projects with an estimated total cost of more than $200 million unless the Chief of Engineers determines that the study is exempt from an IEPR. This memorandum allows delegation of authority to the MSC Commanders to determine if a study is excluded from IEPR and puts into effect that delegation. This authority may not be further delegated.
Revised Implementation Guidance for Section 1104 of the Water Resources Development Act (WRDA) of 2018, Dissemination of Information (2019) Section 1104(b) of WRDA 2018 directs the Secretary to develop, support, and implement education and awareness efforts for non-Federal interests with respect to the Annual Report to Congress on Future Water Resources Development required under Section 7001 of WRRDA 2014 (33 U.S.C. 2282d). Section 1104 directs the Secretary to provide, upon a request from a non-Federal interest, assistance with researching and identifying existing project authorizations Corps decision documents. The guidance provides direction for such education and awareness efforts, including the maintenance of an informational website about Section 7001 and the Annual Reports to Congress on Future Water Resources Development by Corps Headquarters.
Revised Implementation Guidance for Section 1116 of the Water Resources Development Act (WRDA) of 2018, Dredge Material Management Plans (2019) Section 1116 of the Water Resources Development Act of 2018 (WRDA 2018) directs the Secretary to expedite the dredged material management plan (DMMP) process in order that such plans make maximum use of existing information, studies, and innovative dredged material management practices, and avoid any redundant information collection and studies. This guidance provides information on the development of the plan, and applies to DMMPs initiated after the date of enactment of this Act or to existing DMMPs where updates are initiated after the date of enactment.
Revised Implementation Guidance for Section 1120 of the Water Resources Development Act (WRDA) of 2018, Transparence and Accountability in Cost Sharing For Water Development Projects (2019) Section 1120 of the Water Resources Development Act of 2018 (WRDA 2018) directs each USACE District, using the authority provided under Section 10 of Water Resources Development Act of 1988 (WRDA 1988) (33 U.S.C. 2315), to maintain a "balance sheet" for each water resource development project carried out by the Secretary for which a non-Federal cost share is required and to provide to the non-Federal Sponsor for the project, on its request, a copy of the balance sheet. Section 1120 further provides that if a project is completed at a cost less than the estimated cost, the Secretary shall transfer any excess non-Federal funds to the non-Federal Sponsor in accordance with the cost-share requirement applicable to the project. This guidance contains the form which will be used to generate the monthly financial report.
Revised Implementation Guidance for Section 1149 of the Water Resources Development Act (WRDA) of 2018, Inclusion of Alternative Measures for Aquatic Ecosystem Restoration (2019) Section 1149 of WRDA 2018 directs the Secretary to consider natural features or nature-based features when carrying out projects under Section 206 of WRDA 1996, as amended (33 U.S.C. 2330), and authorizes the Secretary, with the consent of the non-Federal interest, to include these natural or nature based features if they are consistent with the requirements of Section 206(a) of the WRDA 1996, as amended. In addition, Section 1149 directs the Secretary, in carrying out a feasibility report developed under Section 905 of WRDA 1986, as amended (33 U.S.C. 2282), for a project for flood risk management or hurricane and storm damage risk reduction, to consider traditional and natural infrastructure alternatives, alone or in conjunction with each other, if those alternatives are practicable.
Revised Implementation Guidance for Section 1166 of the Water Resources Development Act (WRDA) of 2018, Advance Funds for Water Resources Development Projects (2019) Section 1166 of WRDA 2018 amends the Act of October 15, 1940 (33 U.S.C. 701 h-1) to allow for advanced funds to be accepted for all types of water resources development projects and clarifies the entities that are considered under the term "State." Section 1166 provides the general direction that for any provision of law that authorizes a non-Federal interest to provide, advance, or contribute funds to the Secretary for the development or implementation of a water resources development project, the Secretary shall ensure, to the maximum extent practicable, that the use by a non-Federal interest of such authorities does not adversely affect: (1) the process or timeline for development and implementation of other water resources development projects by other non-Federal entities that do not use such authorities; or (2) the process for including such projects in the President's annual budget submission to Congress. This guidance also rescinds Engineer Regulation 1165-2-30, Acceptance and Return of Required, Contributed or Advance Funds, dated 30 October 1998.
Revised Implementation Guidance for Section 1167 of the Water Resources Development Act (WRDA) of 2018, Cost in Excess of Federal Participation Limit (2019) Section 1167 of WRDA 2018 amends Section 14 of the Flood Control Act of 1946 (33 U.S.C 701 r), which authorizes the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, and public works, churches, hospitals, schools, and other nonprofit public services, to direct that the non-Federal interest shall be responsible for any such costs that exceed the Federal participation limit of $5,000,000. If an increase to the project cost is determined after the Project Partnership Agreement (PPA) is executed that would result in an estimated Federal cost share in excess of the Federal participation limit, then based on the standard language in the PPA, the non-Federal interest is responsible for all costs greater than the Federal participation limit.
Revised Implementation Guidance for Section 1168 of the Water Resources Development Act (WRDA) of 2018, Disposition of Projects (2019) Section 1168 of WRDA 2018 directs the Secretary, in carrying out a disposition study for a Corps project or a separable element of such a project, to consider modifications that would improve the overall quality of the environment in the public interest, including removal of the project or separable element of a project. Section 1168(b) directs the Secretary to conduct the study in a transparent manner. Section 1168(c) endorses removal of a project or separable element of a project in partnership with other federal agencies and non-Federal entities, to the extent permitted under existing authorities, when the Secretary determines that a Federal interest no longer exists and recommends removal.
Revisions to Implementation Guidance for Section 1030 of the Water Resources Reform and Development Act (WRRDA) of 2014, Continuing Authorities (2017) Section 1030 of WRRDA 2014 increases the programmatic limits and per project limits for certain Continuing Authority Program (CAP) authorities and for the Flood Plain Management Services (FPMS) Program. In addition, it provides that the Water Resources Development Act (WRDA) of 2007 cost sharing amendment for beneficial use of dredged material does not apply to certain projects. Further, it provides that the entire non-federal share for projects under Section 1135 of WRDA 1986 may be provided by in-kind contributions. Finally, Section 1030 directs that the Secretary publish in the Federal Register the criteria used for prioritizing the annual funding for CAP projects and on an annual basis the status of each CAP project. This guidance supersedes Implementation Guidance for Section 1030 of WRRDA
2014, dated 3 December 2014.
Updated Implementation Guidance for Section 1002 of the Water Resources Reform and Development Act (WRRDA) of 2014, Consolidation of Studies (2017) Section 1002 of WRRDA 2014 amends Section 905 of the Water Resources Development Act (WRDA) 1986 to establish a single phase cost-shared study process by repealing the requirement for a reconnaissance study first at full Federal expense and requiring instead that a preliminary analysis of the federal interest, cost, benefits, and environmental impact be done following execution of the feasibility cost sharing agreement. Additionally, Section 1002 requires certain reporting and notification of study schedules. This memo supersedes the implementation guidance dated 9 April 2015.
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