0710-AB34 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0710 U.S. Army Corps of Engineers COE 0700 Department of Defense DOD Flood Control Cost-Sharing Requirements Under the Ability to Pay Provision

Section 103(m) of the Water Resources Development Act (WRDA) of 1986, as amended (33 U.S.C. 2213(m)), authorizes the US Army Corps of Engineers (Corps) to reduce the non-Federal share of the cost of a study or project for certain communities that are not able financially to afford the standard non-Federal cost-share. Part 241 of Title 33 in the Code of Federal Regulations provides the criteria that the Corps uses in making these determinations where the primary purpose of the study or project is flood damage reduction. The proposed rule would update this regulation, by broadening its applicability to include projects with other purposes (instead of just flood damage reduction) and the feasibility study of a project (instead of just design and construction).

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Undetermined Undetermined 33 CFR 241 33 U.S.C. 2213(m) Yes

The Corps will conduct rulemaking to propose amendments to the Corps’ regulations at 33 CFR part 241 for Corps projects. The WRDA 2000 modified section 103(m) to include the projects with the following purposes: environmental protection and restoration, flood control, navigation, storm damage protection, shoreline erosion, hurricane protection, and recreation or an agricultural water supply project which have not yet been added to the regulation.  It also included the opportunity to cost share all phases of a USACE project to also include feasibility studies in addition to the already covered design and construction. This rule would update the framework for determining whether a project is eligible for consideration for a reduction in the non-Federal cost share based on ability to pay.

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33 U.S.C. 2213(m).

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The preferred alternative is to conduct rulemaking to amend 33 CFR 241 by broadening the project purposes for which the Corps could reduce the non-Federal cost-share based on ability to pay and by allowing such a reduction for feasibility studies. The next best alternative would be to provide additional guidance instead of amending the existing regulation. This alternative could lead to confusion for the regulated public.

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The proposed rule would add Corps procedures on the ability to pay provision allowing for consistent implementation across the Corps and clear understanding of the program and its requirements by the regulated public.

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The proposed action is not anticipated to affect risk to public health, safety, or the environment. It would outline the procedures the Corps will follow when evaluating the ability to pay provision for cost-sharing with the non-Federal sponsor.

]]> NPRM 01/00/2024 Undetermined No None No No No No 0710-AA91 Previously reported as Amy Frantz Program Manager 0710 U.S. Army Corps of Engineers COE 202 761-0106 amy.k.frantz@usace.army.mil CECW-P, 441 G Street NW, Washington DC 20314