ASA (CW)

Summary: On July 28, the Assistant Secretary of the Army for Civil Works released a memorandum directing the U.S. Army Corps of Engineers to advance drought resilience actions across the nation. Examples of recent Corps drought resilience actions were also highlighted in the memorandum. Next Steps: The ASA(CW) and Corps will work to continue current efforts and develop robust near- and long-term actions to support drought resilience in states and local communities.

Summary: The Assistant Secretary of the Army for Civil Works issued interim Environmental Justice implementation guidance to the Corps in March 2022. This memorandum outlined the need to modernize the Civil Works program to better serve the needs of underserved communities. By incorporating environmental justice initiatives into the Civil Works program, the Corps will build innovative, climate-resilient infrastructure that protects communities and ecosystems throughout the country from the impacts of climate change. Army Civil Works is also supporting the Administration’s Justice40 Initiative. Next Steps: On August 18, 2022, the Corps released a list of the programs included as part of President Biden’s Justice40 Initiative, which aims to deliver 40% of the overall benefits of climate, clean energy, affordable and sustainable housing, clean water, and other investments to disadvantaged communities that are marginalized, underserved, and overburdened by pollution. There are 11 covered programs within the Corps, each of which will help to advance the Biden-Harris administration’s commitment to environmental justice. Additional information on the Corps' approach to environmental justice can be found here.

The Federal Register Notice for Nationwide Permit (NWP) 12 Engagement and Review is available at the following link. https://www.federalregister.gov/documents/2022/03/28/2022-06458/notice-of-virtual-public-and-tribal-meetings-regarding-the-review-of-nationwide-permit-12 Public virtual meetings were held in May and recordings are available below. Prior Meeting Recordings: ·      May 10, 2022, 1 to 3 p.m. Eastern Daylight Time (EDT). NWP 12 Review Public Meeting 10 May at 1300v1.pptx [PPTX - 411.2 KB] https://www.zoomgov.com/rec/share/rtgsA-yFtxzD3rD3UFGuFAUigWCM6_LUsORTeV2K05a2-pSQ8Mdjjgi901dmj95u.f_O5OarUGQlZVlha?startTime=1652203264000 Passcode: Y72Wf9r^ ·      May 12, 2022, 6 to 8 p.m. EDT. https://www.zoomgov.com/rec/share/LPs1Wp1sWJ0xnKZMudaiXCysdWut6w13stP3u5l7fMtSAdHhs9k-iHR3OgllFmnM.Jn2aVbatr7kYoo8h?startTime=1652393910000 Passcode: 6jyD8%xP ·      May 17, 2022, 1 to 3 p.m. EDT. https://www.zoomgov.com/rec/share/eHowrOeOw_g7WRQw13_x65rK3_LF6SZDkWlpcFw15XbB91HiLqJd-PngPrt1t-Xz.25kLh4Edrjobdayz?startTime=1652807802000 Passcode: 8WMX1&cf ·      May 19, 2022, 2 to 4 p.m. EDT. https://www.zoomgov.com/rec/share/druPnSMlehf2KFvh7NOHjdbRHqdrF3AjG3IQMDQFUsycEU2fwKTcSMVqwTZU1M4Y.yb7QAq7LcM8SGXCz?startTime=1652984155000 Passcode: a?p4nstS

Summary: The policy initiatives to modernize the Corps’ Civil Works program include 1) an update to the Tribal Consultation Policy, 2) development of comprehensive guidance on the Tribal Partnership Program, 3) potential rulemaking on the Regulatory Program’s implementation procedures for Section 106 of the National Historic Preservation Act found at 33 CFR 325, Appendix C, 4) potential rulemaking to develop implementing procedures for the principles, requirements and guidelines, and 5) finalization of an environmental justice policy, including a definition for purposes of Section 160 of the Water Resources Development Act of 2020 for the “economically disadvantaged community.” For more information, visit the Federal Notice and news release. Summaries of the written and oral comments received are now available: Tribal Consultation Policy [PDF - 236.3 KB] Tribal Partnership Program [PDF - 134.3 KB] 33 CFR 325 Appendix C [PDF - 461.2 KB] Principles, Requirements and Guidelines [PDF - 169.8 KB] Environmental Justice Policy [PDF - 206 KB] Next Steps: Army Civil Works is currently seeking input and engaging in consultation with Tribal Nations on the draft Tribal Consultation Policy [PDF - 736.7 KB] update. Sessions for input have been conducted and written comments have been received. The Army is evaluating comments and will incorporate them appropriately in further actions for these areas.

Summary: Army Civil Works is modernizing how we do business with Tribal Nations, including strengthening our Nation-to-Nation relations. Actions being undertaken to improve consultation and relationships include an update to the Tribal Consultation Policy and development of comprehensive guidance on the Tribal Partnership Program. On November 29, 2022, the Assistant Secretary of the Army for Civil Works signed guidance for the U.S. Army Corps of Engineers Tribal Partnership Program. This new guidance directs that the TPP shall be implemented more broadly to include projects that are not typically considered water resources development projects. the guidance can be found here. Next Steps: Army Civil Works is currently seeking input and engaging in consultation with Tribal Nations on updates to the draft Tribal Consultation Policy [PDF - 187.6 KB] (which also includes Appendix A [PDF - 359.1 KB] and Appendix B [PDF - 193.3 KB]). If you would like to request Tribal consultation on the update to the USACE Tribal Consultation Policy and/or to provide your written input on the Policy, please submit the request and/or input to Quana Higgins at: [email protected] by July 12, 2023.

Summary: The Water Infrastructure Finance and Innovation Act of 2014 provided authorization for the Corps to stand up a federal credit program for eligible water and wastewater infrastructure projects. Through WIFIA, the Corps can provide long-term, low-cost loans to creditworthy borrowers for non-federal investments in water resources infrastructure. More information on the program can be found here. Next Steps: The draft rule for the WIFIA program has been published in the Federal Register. Public review on the draft rule has been conducted and a final rule is expected to be published as soon as the Spring of 2023, allowing for the program to accept loan applications shortly thereafter.

Summary: On January 18, 2023, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) published the final “Revised Definition of ‘Waters of the United States’ ” rule. The agencies initiated this rulemaking to exercise their authority to interpret “waters of the United States” to mean the waters defined by the familiar pre-2015 “waters of the United States” framework, with amendments to reflect the agencies’ determination of the statutory limits on the scope of the “Waters of the United States” informed by Supreme Court precedent, the best available science, and the agencies’ experience and technical expertise. The rule became effective on March 20, 2023. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas. More information on the final rule can be found here.