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DOD/COE RIN: 0710-AB05 Publication ID: Fall 2020 
Title: Water Resource Policies and Authorities: Corps of Engineers Participation in Improvements for Environmental Quality  

The existing regulation was published 45 FR 28714, April 30, 1980 and provides guidance for the measurement and consideration of Environmental Quality (EQ) effects in planning a proposed water resource project. The existing regulation is redundant and out of date.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 The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text which will provide clarity and reduce confusion to the public.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. The ER 1105-2-100 guidance can be found online for the public at: 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: 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
Action Date FR Cite
Final Action  02/00/2021 
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