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DOD/COE RIN: 0710-AA97 Publication ID: Fall 2020 
Title: Resource Use: Establishment of Objectives  
Abstract:

The existing regulation was published in 43 FR 14014, April 4, 1978, pursuant to Pub. L. 89-72, Federal Water Project Recreation Act, 79 Stat. 213 et seq. The purpose of the regulation was to provide policy and guidance for establishing resource use objectives for all Civil Works water resource projects during Phase I/Phase II post-authorization studies and reevaluation of completed projects. The same content for implementation guidance and procedures for establishment of resource use objectives related to the formulation of recommended plans for water resources development projects are now found in ER 1105-2-100, Planning Guidance Notebook, and ER and Pamphlet 1130-2-550, Recreation Operations and Maintenance Guidance and Procedures, chapter 3. Environmental evaluation is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 to 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 The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text, which will provide clarity and reduce confusion to the public.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. The ER 1105-2-100 and ER 1130-2-550 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, and https://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_1130-2-550.pdf?ver=2014-05-06-112352-670. This removal supports a recommendation of the DoD Regulatory Reform Task Force.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 33 CFR 279   
Legal Authority: Pub. L. 89-72    79 Stat. 213   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  02/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Patricia Lynn Mutschler
Program Manager
Department of Defense
U.S. Army Corps of Engineers
CECW-CO, 441 G Street, NW,
Washington, DC 20314
Phone:202 336-3391
Email: patricia.l.mutschler@usace.army.mil