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DOD/COE RIN: 0710-AB17 Publication ID: Fall 2020 
Title: Studies of Proposed Water Resources Development Projects and Construction of Water Resources Development Projects by Non-Federal Interests 
Abstract:

Section 203 of the Water Resources Development Act (WRDA) of 1986, as amended (33 U.S.C. 2231), was enacted to allow non-Federal interests (NFI) to undertake certain studies of proposed water resources development projects for review by the Secretary of the Army that would serve as the basis of a future authorization by the Congress to construct a federally authorized project.  The proposed rule at subpart A would provide information to non-Federal interests that would be used to improve the quality of their feasibility studies and facilitate the review of these studies by the Secretary. The proposed rule at subpart A is intended to (1) help NFIs to have a better understanding of the standards and expectations for feasibility studies of proposed water resources development projects and the criteria that will be used to evaluate the studies; (2) address questions and issues that frequently arise during the preparation of feasibility studies by NFIs; (3) encourage routine, open, and upfront communication throughout the study development process; (4) improve the quality and the analysis in these feasibility reports; and (5) facilitate review of NFI’s feasibility reports by the Army. The proposed rule at subpart A will not modify or change the existing requirements for feasibility studies and does not impose upon NFIs any additional or new requirements. Section 204 of the Water Resources Development Act (WRDA) of 1986, as amended (33 U.S.C. 2232), was enacted to allow non-Federal interests to undertake construction of certain Federally authorized water resources development projects, with potential credit or reimbursement of the Federal share of the cost of that construction, subject to several requirements.  The Corps is publishing this proposed rule at subpart B to provide more specific standards governing the construction of Federally authorized water resources development projects by non-Federal interests (NFIs). The subpart B rule would clarify the process for a non-Federal interest to be considered to receive credit or reimbursement for the Federal share of the cost of such construction; and would encourage open and upfront communication throughout the process, both before and during construction. The desired end result would be a more transparent and more efficient process that is subject to an appropriate level of Corps oversight, while providing flexibility in project implementation to enable the NFIs to achieve cost savings where possible. NFIs are required to meet all the requirements under section 204, as amended. In addition, NFIs would be required to meet all terms under any issued final rule.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 33 CFR 262, subpart A and B     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 2231 and 2232   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ada Benavides
Senior Policy Advisor
Department of Defense
U.S. Army Corps of Engineers
Planning and Policy Division, 441 G Street, NW,
Washington, DC 20314
Phone:202 761-0415