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View ICR - OIRA Conclusion

OMB Control No: 0710-0024	ICR Reference No: 202303-0710-003
Status: Historical Active	Previous ICR Reference No: 202010-0710-001
Agency/Subagency: DOD/COE	Agency Tracking No: 0710-WDAD
Title: Wetland Determination Automated Data Sheets and Jurisdictional Determination Forms
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 03/20/2023
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/20/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/20/2023
Terms of Clearance: In accordance with 44 USC 3507(j)(2) as amended and 5 CFR 1320.13, this information collection is approved as an emergency clearance to facilitate USACE use of the Approved Jurisdiction Determination (AJD) form concurrent with the effective date for the 2040-AG19 final rule. OMB notes that USACE began updating the Approved Jurisdictional Determination Form on 30 December 2022, upon receipt of the final version of 2040-AG19, and this timeframe did not allow sufficient time to submit a regular information collection request. In future cases where DOD does not seek notice and comment on rule-required changes pursuant to 5 CFR 1320.11, DOD needs to seek notice and comment on the information collection changes pursuant to 5 CFR 1320.8. OMB requests that DOD submit a 0710-0024 revision request to OMB under the normal PRA clearance process within six months of this date to facilitate the continued use of this collection past the emergency clearance time period. OMB also notes that the AJD Form information does not currently communicate or interact with the USACE OMBIL Regulatory Module database and recommends inviting public comment on improving the utility of AJD Form information, per 5 CFR 1320.8(d)(1)(iii).

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	6 Months From Approved	11/30/2024
Responses	52,779	0	33,279
Time Burden (Hours)	38,207	0	34,957
Cost Burden (Dollars)	1,070,177	0	899,094

Abstract: In an effort to address regional wetland characteristics and improve the accuracy and efficiency of wetland delineation procedures, the U.S. Army Corps of Engineers Engineer Research and Development Center (ERDC) developed ten regional supplements to the Corps Manual, the most recent of which were issued in 2006. In developing the regional supplements, the Corps recognized that a single national manual is unable to consider regional differences that are important to the identification and functioning of wetlands. The wetland indicators and guidance provided in the 10 regional supplements are designed to be used in combination with the Corps Manual to identify wetland waters of the United States. The Automated Wetland Determination Sheets (ADSs) in this collection package streamline the information collection process by incorporating reference material and analytical processes directly into the form, which is provided as a Microsoft Excel document rather than the PDF form included in the regional supplements. Jurisdictional Determination Forms are tools used by the U.S. Army Corps of Engineers (Corps) to help implement Section 404 of the Clean Water Act (CWA) and Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA). JDs specify what geographic areas will be treated as subject to regulation by the Corps under one or both statutes. Applicants for Corps permits are generally required to submit JDs as part of their permit application or in support of the permit evaluation process. If wetlands are present, the Corps generally requires that JDs include adequately documented wetland data sheets in order for the JD to be considered technically adequate. The ADSs are formatted such that they may be readily converted to Portable Document Format (PDF) for inclusion as part of the applicant’s JD report.

Emergency Justfication: The 2023 WOTUS Rule was announced on 30 December 2022 and was published in the Federal Register on 18 January 2023. The effective date of the 2023 Rule is 20 March 2023. Because USACE was not able to complete its development of the 2023 Rule approved JD form until we had an opportunity to see the final 2023 Rule for the first time it was not possible for USACE to start the collections process prior to 30 December 2022. USACE has been working through the collections approval process since January 2023 and we were anticipating that we would be able to use the 2023 Rule form on an interim basis, consistent with how we have managed the transition to a new JD from during previous changes in the WOTUS rules. We were recently informed by OMB that in this case we must proceed under an emergency approval. Therefore, USACE Regulatory respectfully requests emergency approval of our approved JD from for the 2023 Rule. USACE will continue its effort to complete the full approval process for the 2023 Rule form and anticipates that full approval will be obtained prior to the expiration of any emergency approval that is granted. If the 2023 Rule AJD Form is not made available by the 20 March 2023 effective date of the 2023 Rule, the public will not be able to benefit from the streamlined basis for documentation of Corps jurisdiction that it provides. There is no regulatory requirement for the Corps to use the 2023 Rule AJD Form to document its basis of jurisdiction for each jurisdictional determination completed under the 2023 Rule, and that information can be documented via other means. However, the 2023 Rule AJD Forms provides a highly efficient and organized process for collecting and summarizing that jurisdictional basis information. Specifically, the 2023 Rule AJD Form streamlines collection of the jurisdictional basis information using information response prompts that allow the Corps Regulatory staff to document complex information accurately and fully with minimal effort from the public. Without the 2023 Rule AJD Form, the information to fully and accurately describe the Corps’ basis of jurisdiction would need to be organized and documented through some other means (e.g., a Memorandum for Record), and the public would not realize substantial benefits in terms of time, effort, and accuracy of data collection and reporting that would result from use of the 2023 Rule AJD Form.

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	52,779	33,279	19,500
Annual Time Burden (Hours)	38,207	34,957	3,250
Annual Cost Burden (Dollars)	1,070,177	899,094	171,083

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The respondent burden has increased primarily due to the higher hourly wage estimates from the Bureau of Labor Statistics. Additionally, the request includes burden estimates for the ENG Form 6247, “Request for Jurisdictional Determination (JD),” which were not included in the previous request. The addition of the 2023 Rule AJD Form is not anticipated to increase or decrease the total number of AJD Forms that are submitted by members of the public so its addition does not impact the burden estimates.

Annual Cost to Federal Government: $615,323

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Nicholas Schuff 757 817-7203 nicholas.a.schuff.ctr@mail.mil