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DOD/COE RIN: 0710-AB34 Publication ID: Fall 2024 
Title: Cost-Sharing Requirements Under the Ability to Pay Provision 
Abstract:

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 criteria that the Corps can use to make this determination where the primary purpose of the project is flood damage reduction. The Corps plans to revise this regulation.

 
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 
CFR Citation: 33 CFR 241   
Legal Authority: 33 U.S.C. 2213(m)   
Legal Deadline:  None

Statement of Need:

The Corps will conduct a rulemaking to propose amendments to the Corps’ regulations at 33 CFR part 241 for Corps projects. The rulemaking 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. 

Summary of the Legal Basis:

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

Alternatives:

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.

Anticipated Costs and Benefits:

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.

Risks:

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.

Timetable:
Action Date FR Cite
NPRM  12/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 0710-AA91 
Agency Contact:
Elliott Carman
Department of Defense
108 Army Pentagon, Room 3E419,
Washington, DC 20310-0108
Phone:703 300-2899
Email: elliott.n.carman.civ@army.mil

Jason Norris
Department of Defense
U.S. Army Corps of Engineers
Washington, DC 20314
Phone:202 669-1847
Email: jason.m.norris@usace.army.mil