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OMB Control No: 0710-0024	ICR Reference No: 202309-0710-001
Status: Historical Active	Previous ICR Reference No: 202303-0710-003
Agency/Subagency: DOD/COE	Agency Tracking No:
Title: Jurisdictional Determination Forms and Aquatic Resources Delineation Forms
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 09/27/2023
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/12/2023
	Date Received in OIRA: 09/26/2023
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 provide PRA coverage for ongoing information collection related to USACE Jurisdictional Determinations. OMB recognizes that DOD is working to revise aspects of the Jurisdictional Determination request process and requests that DOD submit a 0710-0024 revision request to OMB under the normal PRA clearance process within six months of this date. OMB further recognizes that some of the documents included in this approval request will likely change and are included here for future reference.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2024	6 Months From Approved	10/31/2023
Responses	156,666	0	52,779
Time Burden (Hours)	73,853	0	38,207
Cost Burden (Dollars)	2,197,862	0	1,070,177

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 Department of Defense (DoD) and the U.S. Army Corps of Engineers (USACE) have determined that information must be collected from the public to support processing of jurisdictional determinations by USACE, and that the Jurisdictional Determination (JD) Forms are essential to the Regulatory mission of the agency because they provide the most structured and efficient way of collecting this information. The final rule “Revised Definition of ‘Waters of the United States’; Conforming” (hereinafter “the Conforming Rule”) was published in the Federal Register on 8 September 2023 and became effective on that same date. It would greatly enhance our ability to ensure consistent implementation of the Conforming Rule to have these forms in place prior to the time periods established under Part 1320 of the regulations. There is no requirement in USACE's regulations that requires us to use the JD Forms to collect the information needed to process a jurisdictional determination request. However, the JD Forms provide a highly efficient and organized process for consistently collecting and summarizing that information. Our use of the JD Forms will provide public benefit by improving the expediency, accuracy, and consistency of the information we need to respond to a request for a jurisdictional determination. The Conforming Rule was announced by the U.S. Environmental Protection Agency and the Department of the Army (the agencies) on 29 August 2023, was published in the Federal Register on 8 September 2023, and became immediately effective. Because USACE was not party to the agencies’ rulemaking process we did not have an opportunity to complete our development of the JD Forms needed to process jurisdictional determinations under the Conforming Rule prior to 29 August 2023. Therefore, it was not possible for USACE to start the final collections process prior to 29 August 2023. USACE proactively initiated the collections emergency approval process for the Conforming Rule information collections on 4 August 2023, in anticipation that emergency approval from OMB would be needed in order for USACE districts to collect information needed to respond to requests for jurisdictional determinations under the Conforming Rule. Now that the Conforming Rule has been published, USACE respectfully requests emergency approval of the JD Forms. Emergency approval is necessary because collection of the information on the JD Forms is needed prior to the expiration of the time periods required for the full approval process set forth in part 1320 and that use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information required for this public service. If the JD Forms are not made available to the public, the public will not be able to benefit from the streamlined documentation of USACE’s jurisdiction that it provides. DoD and USACE have an urgent need to use the JD Forms to assist with collection of the information needed to respond to requests for jurisdictional determinations. Because of the need for USACE to use the JD Forms to collect information needed to process requests for jurisdictional determinations concurrent with the immediate effective date of the Conforming Rule, it is impracticable for DoD to consult in advance with interested agencies and members of the public in order to minimize the burden of the collection of information pursuant to 5 C.F.R. § 1320.13(c). Therefore, DoD is requesting that this information collection request be processed as an emergency clearance request in accordance with 5 C.F.R. § 1320.13, Emergency Processing. During the anticipated 180-day emergency clearance period, DoD will work to establish a regular clearance submission of this information collection request under the Paperwork Reduction Act procedures.

Authorizing Statute(s): US Code: 33 USC 1344 Name of Law: Clean Water Act
US Code: 33 USC 401, et seq. Name of Law: Rivers and Harbors Act of 1899

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Approved Jurisdictional Determination Forms	ENG Form 6281-2, ENG Form 6281, ENG Form 6248, ENG Form 6245, ENG Form 6281-1	, , , ,
Automated Wetland Determination Sheets	ENG Form 6116-5, ENG Form 6116-6, ENG Form 6116-7, ENG Form 6116-8, ENG Form 6116-9, ENG Form 6116-4, ENG Form 6116, ENG Form 6116-1, ENG Form 6116-2, ENG Form 6116-3	, , , , , , , , ,
Preliminary Jurisdictional Determination Form	ENG Form 6249
Rapanos Dry Land Approved Jurisdictional Determination Form	ENG Form 6246
Rapid Ordinary High Water Mark (OHWM) Field Identification Data Sheet	ENG Form 6250
Request for Jurisdictional Determination	ENG Form 6247

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	156,666	52,779	103,887
Annual Time Burden (Hours)	73,853	38,207	35,646
Annual Cost Burden (Dollars)	2,197,862	1,070,177	1,127,685

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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Some components of this (ENG 6247 and ENG 6281) are a new collection with a new associated burden. The ENG 6250 is currently covered by the burden estimate for 0710-0025, and that burden is being incorporated into this collection. The burden for ENG 6116 (0-9) has increased since the previous approval due to recalculation of the number of annual responses. The estimated response time has also been updated to better reflect the time needed to complete the form. The burden for the ENG 6245, ENG 6246, ENG 6248, ENG 6249, and ENG 6250 have decreased since the previous approval due to recalculation of the number of annual responses. The estimated response time has also been updated to better reflect the time needed to complete the form. The overall respondent labor cost burden estimate has been updated to account for higher hourly wages from the Bureau of Labor Statistics.

Annual Cost to Federal Government: $826,358

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

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