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 Tribal Partnership Program 33 CFR 325 Appendix C Principles, Requirements and Guidelines Environmental Justice Policy Next Steps: 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 (which also includes Appendix A and Appendix B). A webinar to provide an overview of the changes to the Tribal Consultation Policy was held on May 24. To watch a recording of the webinar, use the link and passcode below. Please also see the slides from the webinar and a table of revisions to the policy for further information. Webinar Recording: https://www.zoomgov.com/rec/share/_xnkT8VVecFDgpvHvi67yUs9f2n77ok__Tikq70n9xMbZABtRSWXx3lOP4zygwHb._YTsirNF6hPomur1?startTime=1684947749000 Passcode: ?Ew=7ZF5 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: quana.n.higgins.civ@army.mil 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 this program, called the Corps Water Infrastructure Financing Program can be found here. Next Steps: The final rule for the CWIFP has been published in the Federal Register. The signing of the notice of funding availability will occur soon which will allow for the program to accept loan applications.

Summary: On August 29, 2023, the U.S. Environmental Protection Agency and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. Next Steps: Please see EPA's Rule Status and Litigation Update page for information about the status of the January 2023 Rule, as amended by this conforming rule, and litigation. The agencies are hosting public webinars to provide updates on the definition of “waters of the United States” in September. The webinars have reached registration capacity, but the agencies will post a recording of the webinar to EPA's website.