One-Time Deauthorization of Water Resources Projects

AGENCY:

Army Corps of Engineers, DoD.

ACTION:

Notice of Final Deauthorization Report.

SUMMARY:

The U.S. Army Corps of Engineers is publishing a Final Deauthorization Report of water resources development projects and separable elements that have been identified for deauthorization in accordance with section 6001(d) of the Water Resources Reform and Development Act of 2014, Public Law 113-121, 128 STAT. 1346-1347 (WRRDA 2014). The Assistant Secretary of the Army for Civil Works transmitted the Final Deauthorization Report to Congress on February 26, 2016. An electronic copy of the complete report is available at: http://www.usace.army.mil/Portals/2/docs/civilworks/budget/final_deauth_report_23feb2016.pdf.

For Further Information Contact or To Provide Comments:

Mr. Joseph W. Aldridge, Headquarters, U.S. Army Corps of Engineers, Attention: CECW-IP, Washington, DC 20314-1000. Tel. (202) 761-4130 or joseph.w.aldridge@usace.army.mil.

SUPPLEMENTARY INFORMATION:

Final Deauthorization Report required by § 6001(d).

Section 6001(d) provides that the Secretary shall develop a Final Deauthorization Report. This report includes a list of each water resources development project, or separable element of a project, described in Section 6001(c) and the other provisions of Section 6001(d), as well as an appendix (Appendix A) that lists any project, or separable element of a project, included as part of the Interim Deauthorization List but not included in the Final Deauthorization Report and the reasons why they are not included in the report. Appendix B of the Final Deauthorization Report (available on the U.S. Army Corps of Engineers Web site referenced below) contains copies of the comments received during the public comment period. The Final Deauthorization Report with Appendix A follows below in Table 1. An electronic copy of the Final Deauthorization Report with appendices can be found at: http://www.usace.army.mil/Portals/2/docs/civilworks/budget/final_deauth_report_23feb2016.pdf.

The Interim Deauthorization List was developed in accordance with Section 6001(c) of WRRDA 2014 and was published for public comment in the Federal Register on October 7, 2015. Per Section 6001(d), not later than 120 days following the 90-day public comment period of the Interim Deauthorization List, that ended on January 4, 2016, the Assistant Secretary of the Army for Civil Works (ASA(CW)) will transmit the Final Deauthorization Report to the Environment & Public Works Committee of the Senate and the Transportation and Infrastructure Committee of the House of Representatives. Additionally, the ASA(CW) will publish the Final Deauthorization Report in the Federal Register. The ASA(CW) transmitted the Final Deauthorization Report to the Committees on February 26, 2016.

Section 6001(d)(2)(A) of WRRDA 2014 requires that the Secretary shall include on the Final Deauthorization Report, projects and separable elements of projects that have, in the aggregate, an estimated Federal cost to complete that is at least $18 billion. The ASA(CW) has strived to meet the requirements of Section 6001, but was not able to identify projects that totaled $18 billion based upon the criteria provided in Section 6001. The projects and elements on the Final Deauthorization Report will be deauthorized automatically after 180 days following the date that the ASA(CW) submits the Final Deauthorization List to the Committees, unless the Congress passes a joint resolution disapproving the Final Deauthorization Report or the non-Federal interest for the project or separable element of a project provides sufficient funds to complete the construction of the project or separable element. The amount shown as the Federal Balance to complete is a working estimate generally based on the authorization and as such any non-Federal interests considering providing sufficient funds to complete a project or separable element should contact the appropriate District Commander to discuss the process necessary to develop a final cost to complete a project or separable element.

The Final Deauthorization Report identifies water resources development projects, or separable elements of a project, that meet the following criteria. Projects and separable elements eligible for deauthorization are those uncompleted construction projects and separable elements meeting all of the following criteria: (1) They were authorized for construction before November 8, 2007, or their most recent modification of the construction authorization predates November 8, 2007; (2) their construction has not been initiated, or, if construction has been initiated, there have been no obligations of Federal or non-Federal funds for construction in the current fiscal year or any of the past 6 fiscal years; and, (3) there has been no funding for a post-authorization study in the current fiscal year or any of the past 6 fiscal years. As specifically provided in section 6001(f)(1)(B) of WRRDA 2014, water resources development projects include environmental infrastructure assistance projects and programs of the U.S. Army Corps of Engineers. In accordance with section 103(f) of the Water Resources Development Act of 1986, separable elements is defined as “a portion of a project—

(1) which is physically separable from other portions of the project; and

(2) which—

(A) achieves hydrologic effects, or

(B) produces physical or economic benefits, which are separately identifiable from those produced by other portions of the project.”

The following elements of an authorized water resources development project also qualify as separable elements: an element for which there is an executed design agreement or project partnership agreement specific to that element; an element that has received funding specified for that element; an element that was authorized separately from or as an amendment to the authorization for the remainder of the water resources development project, that was separately identified in the authorization for the water resources development project, or for which a statute specifies an authorized cost, estimated cost, or amount authorized to be appropriated; an element that has been placed in service or for which the Government or the non-Federal partner has assumed operation and maintenance; an element that has been deauthorized; or the remaining portion of the water resources development project apart from other separable elements.

Authority: This notice is required by § 6001(d) of the Water Resources Reform and Development Act of 2014, Public Law 113-121, 128 STAT 1346-1347.

Final Deauthorization Report WRRDA 2014, Section 6001(d)(3)(B)

Appendix A—Projects Removed From the Interim Deauthorization List