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DOD/COE | RIN: 0710-AB05 | Publication ID: Spring 2019 |
Title: ●Water Resource Policies and Authorities: Corps of Engineers Participation in Improvements for Environmental Quality | |
Abstract:
The existing regulation was published 45 FR 28714, April 30, 1980 and provides guidance for including Environmental Quality (EQ) measures in USACE water resource projects and to search for opportunities for enhancement of the environment through each phase of project development. The Federal objective of water resource projects is to develop plans and projects that contribute to the national economic development while protecting the Nation’s environment in accordance with Water Resource Council’s Economic and Environmental Principles for Water and Related Land Resources Implementation Studies (1983), section 103 of the Water Resources Planning Act, as amended (42 U.S.C. 1962a-2). The existing regulation is redundant and out of date. The same content for implementation guidance and procedures for use of the EQ account, as well as the other accounts described in the Principles for Water and Related Land Resources Implementation Studies, related to the formulation of recommended plans for water resources development projects, are now found in ER 1105-2-100. In addition, environmental evaluation is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347), and is implemented by the Corps pursuant to 33 CFR 230. The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text which will provide clarity and reduce confusion to the public. The rule does not place a burden on the public, therefore its repeal does not provide a burden reduction or cost savings. Although the subject matter is internal guidance for the U.S. Army Corps of Engineers, the ER 1105-2-100 guidance can be found online for the public at: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1105-2-100.pdf?ver=2013-09-08-233404-497. This removal supports a recommendation of the DoD Regulatory Reform Task Force. |
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Agency: Department of Defense(DOD) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Not subject to, not significant | |
CFR Citation: 33 CFR 236 | |
Legal Authority: Pub. L. 738 Pub. L. 89–72 Pub. L. 91–190 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Amy Frantz Program Manager Department of Defense U.S. Army Corps of Engineers CECW-P, 441 G Street NW, Washington, DC 20314 Phone:202 761-0106 Email: amy.k.frantz@usace.army.mil |