6364 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

Process for Requesting a Variance 

From Vegetation Standards for Levees 

and Floodwalls 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to update 

its current process for requesting a 

variance from vegetation standards for 

levees and floodwalls to reflect 

organizational changes and incorporate 

current agency-wide review processes. 

DATES: Written comments must be 

submitted on or before March 11, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0007 by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

Douglas.J.Wade@usace.army.mil. 

Include the docket number, COE–2010– 

0007 in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CE, Douglas J. Wade, 441 G 

Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0007. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: 

Douglas J. Wade, Headquarters, 

Engineering and Construction 

Community of Practice, Washington, DC 

at 202–761–4668. 

SUPPLEMENTARY INFORMATION: The 

request process was developed to 

implement Section 202(g) of the Water 

Resources Development Act (WRDA) of 

1996. Consistent with our regulations 

for implementing NEPA for our Civil 

Works programs, we have included a 

draft Finding of No Significant Impact 

(FONSI) for review in addition to the 

draft Environmental Assessment (EA). 

The draft FONSI is subject to change 

based on the comments received 

through this public notice and should 

not be viewed as predetermining the 

outcome of this process. Based on the 

comments received, we may determine 

that a FONSI is not appropriate and that 

a full Environmental Impact Statement 

is required for this action. 

To comply with the requirements of 

the National Environmental Policy Act, 

a draft environmental assessment (EA) 

has been prepared. A copy of the draft 

EA is available at http:// 

www.regulations.gov in docket number 

COE–2010–0007. If you would like to 

submit comments on the draft EA, you 

must do so before the end of the 

comment period specified in the DATES

section above. 

Authority: We are proposing to issue this 

Policy Guidance Letter under the authority of 

33 U.S.C. 701n. 

Dated: February 4, 2010. 

James C. Dalton, 

Chief, Engineering and Construction, 

Directorate of Civil Works. 

Policy Guidance Letter—Variance From 

Vegetation Standards for Levees and 

Floodwalls 

1. Purpose. This policy guidance 

letter revises the procedures for 

obtaining variances from U.S. Army 

Corps of Engineers (USACE) mandatory 

vegetation-management standards for 

levees, floodwalls, and appurtenant 

structures contained in Engineer 

Technical Letter (ETL) 1110–2–571— 

Guidelines for Landscape Planting and 

Vegetation Management at Levees, 

Floodwalls, Embankment Dams, and 

Appurtenant Structures. All vegetation 

variances, both new and existing, are 

required to seek approval through the 

process described in this policy 

guidance letter. Subjecting all new and 

existing variances to this approval 

process aligns with the Levee Safety 

Program goals that make public safety a 

top priority and assures application of 

consistent and well-documented 

approaches. This policy guidance letter 

supersedes the applicable regional 

variance policy and process contained 

in Engineer Regulation (ER) 500–1–1 

and Engineer Pamphlet (EP) 500–1–1 

(including Appendix E), dated 30 

September 2001, and will serve as 

interim guidance until this process is 

incorporated into an USACE engineer 

publication. 

2. Applicability. This policy guidance 

letter applies to all Headquarters 

USACE (HQUSACE) elements, Major 

Subordinate Commands (MSCs), 

districts, and field operating activities 

having responsibility for Civil Works 

projects. Specifically, this policy 

guidance letter applies to flood damage 

reduction projects within an USACE 

program or project authority. 

3. References. 

a. Engineer Regulation (ER) 500–1–1, 

Emergency Employment of Army and 

Other Resources, Civil Emergency 

Management Program, Chapter 5, 

Rehabilitation and Inspection Program, 

30 September 2001. 

b. Engineer Pamphlet (EP) 500–1–1, 

Emergency Employment of Army and 

Other Resources, Civil Emergency 

Management Program—Procedures, 

Chapter 5, The Rehabilitation and 

Inspection Program, and Appendix E, 

Regional Variances to Levee Vegetation 

Standards, 30 September 2001. 

c. Engineer Technical Letter (ETL) 

1110–2–571, Guidelines for Landscape 

Planting and Vegetation Management at 

Levees, Floodwalls, Embankment Dams, 


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and Appurtenant Structures, 10 April 

2009. 

4. Background. The purpose stated in 

Section 202(g) of the Water Resources 

Development Act (WRDA) of 1996 is ‘‘to 

provide a coherent and coordinated 

policy for vegetation management for 

levees,’’ so as to ‘‘address regional 

variations in levee management and 

resource needs.’’ In general, the resulting 

policy set forth in ER 500–1–1, 

paragraph 5–22, allowed the project 

sponsor of a levee, in active status, to 

seek a variance from USACE standards 

to allow additional vegetation on or near 

levees when such vegetation would 

preserve, protect, and/or enhance 

natural resources and/or protect rights 

of Native Americans. However, the 

safety, structural integrity, and 

functionality of the levee, in addition to 

accessibility for inspection and floodfighting purposes, must be retained. 

This guidance provides a clearly 

defined process to implement Section 

202(g) of WRDA 1996. 

5. Definition of a Levee System. A 

levee system consists of one or more 

segments and associated features which 

collectively provide flood, storm, or 

hurricane damage reduction to a defined 

area. Failure of one feature or segment 

within a levee system may result in 

failure of the entire system. Levee 

systems may consist of embankment 

sections, floodwall sections, closure 

structures, pumping stations, interior 

drainage works, and flood damage 

reduction channels. 

6. Process. The process for the request 

and approval of a vegetation variance 

consists of the following steps. 

a. The project sponsor or district 

(when appropriate as outlined in 

paragraph 9.g. of this document) shall 

submit a Vegetation Variance Request, 

as described in paragraph 7, to the 

Commander of the appropriate USACE 

district. The request shall fully explain 

the nature of the variance being 

requested and demonstrate compliance 

with the following two basic criteria. 

(1) The variance must be shown to be 

necessary, and the only feasible means, 

to 

• preserve, protect, and enhance 

natural resources, and/or 

• protect the rights of Native 

Americans, pursuant to treaty, statute, 

or Executive Order. 

(2) With regard to levee systems, the 

variance must assure that 

• safety, structural integrity, and 

functionality are retained, and 

• accessibility for maintenance, 

inspection, monitoring, and floodfighting are retained. Note that, as used 

here, the term ‘‘retained’’ refers to the 

level of functionality and reliability 

expected under conditions that are fully 

consistent with the requirements set 

forth in ETL 1110–2–571 and any other 

applicable criteria. 

b. The district Levee Safety Officer 

(LSO) shall review the request for 

completeness and compliance, and 

recommend to the District Commander 

acceptance or non-acceptance. All 

review costs incurred by the district 

shall be funded by the appropriate 

account, based on authorization (O&M 

General, Inspection of Completed 

Works, or Flood Control and Coastal 

Emergencies). 

c. The District Commander shall 

accept or reject the request. If accepted, 

the District Commander shall submit the 

request package through the MSC LSO 

to the MSC Commander. The MSC 

Commander shall either accept or reject 

the recommended request. If accepted, 

the MSC Commander shall submit the 

request to HQUSACE, via the Regional 

Integration Team (RIT) process, for an 

Agency Technical Review (ATR). 

d. The ATR leader shall concur or 

non-concur with the variance request 

and shall include an executive 

summary, clearly expressing the 

pertinent rationale. The ATR team may 

recommend amendments to the request 

as an alternative to a non-endorsement. 

e. The HQUSACE LSO, or the 

HQUSACE LSO designee, will be the 

final approving official for the request. 

f. The district shall notify the 

appropriate regional offices of the 

federal resource agencies when a 

vegetation variance request has been 

received. 

g. The district shall serve as the main 

point of contact for coordination with 

the sponsor during the entire variance 

request process. If the request is denied 

at any level (district, MSC, or 

HQUSACE), the district shall notify the 

sponsor in writing and include reasons 

for the denial. 

h. All final documentation for the 

Vegetation Variance Request shall be 

uploaded by the district to the National 

Levee Database (NLD). 

i. During inspections, levees will be 

rated for vegetation in accordance with 

approved variances. The associated 

vegetation management plan and 

approved variance shall be added to the 

levee’s operation and maintenance 

manual as an addendum. 

7. Vegetation Variance Request. The 

following shall be submitted under the 

cover of the checklist in Enclosure 1 in 

Adobe PDF format for ATR review. 

a. The Vegetation Variance Request 

and Agreement form (see enclosure) 

with attachments, completed and signed 

by the sponsor(s) or district (for 

situations as specified in 9.g.). District 

counsel should be involved in the 

drafting. Substantive deviations are not 

permitted without a specific separate 

request and approval from HQUSACE. 

b. General description of the levee 

system including system name, project 

authority, location, and potential human 

and environmental consequences (brief 

description of the population at risk, 

estimated potential economic losses, 

and identification of any critical public 

facilities or special environmental 

considerations). 

c. Detailed and annotated plans and 

section drawings, at an appropriate 

scale, clearly conveying the following 

information. 

(1) The boundaries of the specific 

area(s) to which the variance is to apply. 

The variance should not include areas 

for which there are reasonable 

alternatives. For example, a variance 

will not be granted for an entire 

alignment when only a portion of the 

alignment meets the first of the criteria 

described in paragraph 6.a.(1). 

(2) Overall plan view clearly 

delineating normal and ordinary-highwater marks, project right-of-way, 

levees, floodwalls, appurtenant 

structures, vegetation-management 

zones, and required vegetation-free 

zones. 

(3) Description of proposed deviations 

from vegetation standards, including 

planting locations and species. Depict 

each species at its expected size at 

maturity. 

(4) Details of any structural measures 

(such as armoring or overbuilt sections) 

intended to preserve system reliability 

and resiliency by preventing or 

mitigating vegetation impacts. 

(5) For each typical condition, 

provide a section drawing, at an 

appropriate scale, clearly showing both 

the normal and ordinary-high-water 

marks, the project right-of-way, levee, 

floodwall, appurtenant structures, any 

associated structural modifications, 

vegetation-management zones, required 

vegetation-free zones, and all proposed 

vegetation (by species, shown at mature 

size)—including the typical extent of 

the root system at species maturity. 

Clearly indicate that the proposed 

plantings do not include noxious or 

invasive species or involve any 

improper use of herbicides. 

d. Explanation of reasons the 

proposed changes are necessary to 

preserve, protect, and enhance natural 

resources and/or protect the rights of 

Native Americans pursuant to treaty and 

statute. Explain what alternatives to a 

vegetation variance were considered 

and why the proposed changes were the 

only feasible means to provide the 


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benefits to natural resources and/or to 

protect the rights of Native Americans. 

e. An engineering analysis showing 

that the changes proposed will result in 

conditions consistent with the criteria 

in 6.a.(2). Include graphics, text, and 

information, such as construction 

materials and standards as needed to 

clearly support conclusions. 

f. The most recent Routine Inspection 

Report and Periodic Inspection Report 

completed by the USACE district. 

g. Summary of system performance 

history for any and all significant flood 

events. Indicate the system’s design 

flood or design water surface elevation, 

as applicable and, for each event, the 

year of occurrence, event probability 

(e.g. 1% flood), flood duration, and 

description of any flood-fighting 

challenges, failures, and outcomes. 

h. Vegetation maintenance plan. 

i. Any National Environmental Policy 

Act (NEPA), Endangered Species Act 

(ESA), and any other environmental 

compliance documentation that the 

district determines are required in order 

to conduct the review. 

j. Other information, as needed. 

k. Primary point of contact (POC) for 

this request. 

8. Agency Technical Review. In 

coordination with the RIT leader and 

the HQUSACE Levee Safety Program 

Manager (LSPM), the USACE Risk 

Management Center shall lead and 

manage the ATR for each variance 

request. HQUSACE will fund the ATR. 

The timeline for the ATR will depend 

on the complexity of the request, but 

will not exceed 90 days unless special 

circumstances warrant additional time. 

9. Special Considerations. The 

following points will be considered 

prior to initiating a variance request. 

a. Variances will be considered only 

for individual levee systems or portions 

thereof. 

b. The vegetation variance request 

process does not apply to embankment 

dams and their appurtenant structures, 

channels, or shore-line or river-bank 

protection systems such as revetments, 

sand dunes, and barrier islands. 

c. Waterside planting berms are 

allowed only by approved variance. 

d. The burden shall be on the sponsor 

to provide adequate documentation to 

facilitate review. Sufficient and 

appropriate documentation will ensure 

a timely review. Insufficient packages 

will be returned for completion. 

e. Due to the significant threat to 

system reliability, ability to flood fight, 

and observe system response under high 

water conditions, no vegetation variance 

involving woody vegetation, as defined 

in ETL 1110–2–571 shall be granted for 

the following portions of a levee: The 

upper third of the river-side (or floodside) slope, the crown, the land-side (or 

protected-side) slope, or within 15 feet 

of the land-side (or protected-side) toe 

(subject to preexisting right-of-way). 

f. The vegetation variance process is 

not a mechanism to validate conditions 

that have developed as a result of 

inadequate operation and maintenance. 

g. A district may submit a variance for 

levee systems currently in the 

preconstruction, engineering, and 

design phase (including major 

rehabilitation projects) on the date when 

this policy guidance letter is signed. 

Districts may also apply for variance for 

USACE operated and maintained levee 

systems. Funding needed by the district 

to compile the variance request shall 

come from the project appropriations. 

For areas in which ESA considerations 

exist, the district can apply for a 

variance in conjunction with planning 

and design of future rehabilitation 

under PL 84–99 and associated 

measures needed to comply with ESA. 

h. If implementation of a vegetation 

variance will modify or alter a federally 

authorized levee system in the PL 84– 

99 program, a Section 208.10/408 

review will be necessary and the 

requirements for that review should be 

coordinated with the vegetation 

variance request requirements. 

10. Existing Variances or Other 

Deviations. Deviation from the national 

standards, as defined in ETL 1110–2– 

571, is permitted only through a 

vegetation variance, approved by the 

HQUSACE LSO, via the process 

described herein. All existing vegetation 

variances, agreements, or other 

deviations, that are not submitted for an 

ATR via the process described herein, 

by 30 September 2010, may no longer be 

considered valid. On or around this 

date, each levee system sponsor that had 

an existing variance, but did not submit 

that variance for approval will be 

informed via letter from the district LSO 

(copy furnished to the MSC and 

HQUSACE LSO) of the vegetation 

management standards to be applied to 

that system. 

11. Environmental Compliance. The 

sponsor is responsible for providing all 

National Environmental Policy Act 

(NEPA), Endangered Species Act (ESA) 

Section 7 consultation, and any other 

environmental compliance 

documentation required by the district 

to analyze the request (except for those 

levees listed in section 9.g. of this 

document). The documentation must 

analyze, as alternatives, the effects of 

the implementation of the proposed 

variance and the implementation of the 

national standards. The sponsor must 

commit to implementation of any 

measures (such as monitoring, 

reasonable and prudent alternatives, 

etc.) needed to comply with ESA before 

the sponsor may participate, or continue 

participation, in the Public Law 84–99 

program. Further, the sponsor must 

commit to bearing the cost for 

implementation of any measures 

required to comply with ESA. However, 

USACE ultimately remains responsible 

for ensuring that ESA and other 

environmental compliance obligations 

are met. 

12. After vegetation variance request 

packages are reviewed through this 

process, results will be posted by the 

HQUSACE LSPM to the Levee Safety 

Community of Practice page, on the 

Technical Excellence Network (TEN) at 

https://ten.usace.army.mil. 

13. The point of contact for this 

guidance is llll. 

2 Encls 

1. Checklist. 

2. Request Package. 

James C. Dalton, P.E. 

Chief, Engineering and Construction 

Directorate of Civil Works. 

Enclosure 1—Vegetation Variance 

Request: Submittal Checklist 

VEGETATION VARIANCE REQUEST: 

SUBMITTAL CHECKLIST 

The items checked below are submitted 

herewith, consistent with the requirements 

outlined in paragraph 7 (Vegetation Variance 

Request) of Policy Guidance Letter— 

Requesting a Variance From Vegetation 

Standards for Levees and Floodwalls, dated 

llllll. 

b (a) Vegetation Variance Request and 

Agreement, completed and signed. 

b (b) General Description of the levee 

system. (attachment 1) 

b (c) Drawings. (attachment 2) 

b (d) Explanation of why the proposed 

changes are necessary to preserve, 

protect, and enhance natural resources 

and/or protect the rights of Native 

Americans pursuant to treaty and statute. 

(attachment 3) 

b (e) An engineering analysis showing that 

the proposed changes will result in 

conditions consistent with the criteria in 

6.a.(2) of the PGL. (attachment 4) 

b (f) The most recent Routine Inspection 

Report and Periodic Inspection Report 

completed by the USACE district. 

(attachment 5) 

b (g) Summary of system performance 

history for all significant flood events. 

(attachment 6) 

b (h) Vegetation Maintenance Plan. 

(attachment 7) 

b (i) Any National Environmental Policy 

Act (NEPA), Endangered Species Act 

(ESA), or other environmental 

compliance documentation that the 

district determines necessary to the 

review. (attachment 8) 

b (j) Other information, as needed. 

(attachment 9) 


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b (k) Primary point of contact (POC) for 

this request, as follows. 

Name: lllllllllllllllll

Organization: llllllllllllll

Telephone: lllllllllllllll

E-Mail: lllllllllllllllll

Address: llllllllllllllll

Enclosure 2—Vegetation Variance 

Request and Agreement 

VEGETATION VARIANCE REQUEST AND 

AGREEMENT 

Addressing the Vegetation Standards for 

(enter the levee system name and location, as 

defined in the National Levee Database). 

I. Purpose. The purpose of this Agreement is 

to allow for specific and limited variance 

from U.S. Army Corps of Engineers 

vegetation standards, for the levee system 

named above, provided such variance does 

not diminish system reliability, and is 

necessary to preserve, protect, and enhance 

natural resources, and protect the rights of 

Native Americans pursuant to treaty and 

statute. 

II. Authority. This Agreement is made 

pursuant to the authority of Public Law 99, 

84th Congress (Pub. L. 84–99), (33 U.S.C. 

701n) (69 Stat. 186), as regulated by Title 33, 

Code of Federal Regulations, Sections 203 

and 208.10, and as implemented by policy 

guidance letter, Subject: Policy Guidance 

Letter—Requesting a Variance From 

Vegetation Standards for Levees and 

Floodwalls, dated llllll. 

III. Applicability. This Agreement is 

applicable to the portion(s) of the (insert 

name of levee system) described in 

attachment (insert number). 

IV. References. (Insert any references that 

are applicable, including the existing project 

cooperation agreement. This could include 

state law, county ordinances, Federal or state 

court documents, technical manuals, etc. 

References may be incorporated into this 

Agreement.) 

V. Scope. A detailed description of the 

conditions proposed under this agreement is 

provided in attachment(s) (insert number(s)). 

VI. Actions During and After Emergencies. 

A. Definition of Emergency. For the 

purposes of application of this Agreement, 

the term ‘‘emergency’’ is defined as any 

situation in which a levee is threatened with 

either failure or overtopping. 

B. Definition of Flood Fight. For the 

purposes of application of this Agreement, 

the term ‘‘flood fight’’ is defined as actions 

taken immediately before or during a flood to 

protect human life and reduce flood 

damages, such as evacuation, emergency 

sandbagging and diking, and providing 

assistance to flood victims. 

C. Conduct of Flood-Fight Activities. 

During an emergency, any responsible party 

engaged in flood-fight activities, to 

specifically include the U.S. Army Corps of 

Engineers, the (list states, cities, or counties 

as necessary), and the project sponsor(s) may 

take whatever actions are necessary to 

preserve the structural integrity of the levee 

system addressed by this Agreement. Actions 

necessary to preserve the structural integrity 

of the system may include removal of any 

and all vegetation on or near the levee or 

floodwall. 

D. Rehabilitation. Any levee repairs, 

modifications, or improvements made as a 

result of the emergency event shall be in 

accordance with current USACE vegetation 

management standards or approved 

vegetation variance for the levee system. 

VII. Obligations of the Signatories of the 

Agreement. 

A. The sponsor shall hold and save the 

Government free from all damages arising 

from the construction, operation, 

maintenance repair, replacement, and 

rehabilitation of the (insert name of levee 

system), the Hurricane/Shore Protection 

Project, and any related betterments, except 

for damages due to the fault or negligence of 

the Government or the Government’s 

contractors. 

B. The sponsors agree to maintain the levee 

system in accordance this variance agreement 

and assume the responsibility for 

implementing and bearing the costs of any 

measures that are required for compliance 

with the Endangered Species Act or any 

mitigation requirements that result from 

environmental compliance processes such as 

the National Environmental Policy Act or 

required permits. 

VIII. Notices. 

A. All notices, requests, demands, and 

other communications required or permitted 

to be given under this Agreement shall be 

deemed to have been duly given if in writing 

and delivered personally, given by prepaid 

telegram, or mailed by first-class (postage 

prepaid), registered, or certified mail, to the 

address provided. 

B. A party may change the address to 

which such communications are to be 

directed by giving written notice to the other 

parties in the manner provided in paragraph 

C (below). 

C. Any notice, request, demand, or other 

communication made pursuant to this Article 

shall be deemed to have been received by the 

addressee at such time as it is personally 

delivered, or, seven calendar days after it is 

mailed. 

IX. Expiration of this Agreement. 

(Approval of this agreement may be 

contingent upon agreement to an expiration 

mechanism. Use one of the three conditions 

below to complete this paragraph.) 

(This Vegetation Variance is intended to be 

permanent.) 

(This Vegetation Variance shall expire on 

[insert date].) 

(This Vegetation Variance shall expire upon 

[explain event].) 

However, the Corps reserves the right to 

revoke this agreement if it becomes apparent 

that it results in conditions that threaten 

system reliability and public safety. 

X. Signatures. 

In witness hereof, the parties hereto have 

executed this Agreement, which shall 

become effective upon the date it is signed 

by the HQUSACE Levee Safety Officer. 

Submitted by: 

lllllllllllllllllllll

The (name of entity) 

(signature) 

lllllllllllllllllllll

(full name, typed) 

lllllllllllllllllllll

(title, in full) 

lllllllllllllllllllll

(date) 

(additional sponsor signature blocks may be 

added if needed—afterward, delete this note) 

Reviewed by: 

US Army Corps of Engineers, (insert name) 

District 

(signature) 

lllllllllllllllllllll

(full name, typed) 

Levee Safety Officer 

lllllllllllllllllllll

(date) 

Accepted by: 

US Army Corps of Engineers, (insert name) 

District 

(signature) 

lllllllllllllllllllll

(full name, typed) 

Commander 

lllllllllllllllllllll

(date) 

Reviewed by: 

US Army Corps of Engineers, (insert name) 

Division 

(signature) 

lllllllllllllllllllll

(full name, typed) 

Levee Safety Officer 

lllllllllllllllllllll

(date) 

Accepted by: 

US Army Corps of Engineers, (insert name) 

Division 

(signature) 

lllllllllllllllllllll

(full name, typed) 

Commander 

lllllllllllllllllllll

(date) 

Endorsed by: 

US Army Corps of Engineers, Risk 

Management Center 

b As Proposed 

b As Amended 

(signature) 

lllllllllllllllllllll

(full name, typed) 

Leader, Agency Technical Review Team 

lllllllllllllllllllll

(date) 

Approved by: The Department of the Army 

(signature) 

lllllllllllllllllllll

(full name, typed) 

Levee Safety Officer, HQUSACE 

lllllllllllllllllllll

(date) 

XI. Certificate of Authority 

CERTIFICATE OF AUTHORITY 

I, llllllllllll, do hereby 

certify that I am the principal legal officer of 

the (Name of Public Sponsor), that (Name of 


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Public Sponsor) is a legally constituted 

public body with full authority and legal 

capability to perform the terms of the 

Agreement between the Department of the 

Army and the (Name of Public Sponsor) in 

connection with this Vegetation Variance 

Request and Agreement Addressing the 

Vegetation Standards for (enter the levee 

system name and location, as defined in the 

National Levee Database) and to pay 

damages in accordance with the terms of this 

Agreement, if necessary, in the event of the 

failure to perform, as required by Section 221 

of Public Law 91–611 (42 U.S.C. Section 

1962d–5b), and that the persons who have 

executed this Agreement on behalf of (Name 

of Public Sponsor) have acted within their 

statutory authority. 

In Witness Whereof, I have made and 

executed this certification this ll day of 

llllll 20 ll. 

lllllllllllllllllllll

(Name of Counsel for signing entity) 

(Full Formal title) 

XII. Certification Regarding Lobbying. 

CERTIFICATION REGARDING LOBBYING 

The undersigned certifies, to the best of his 

or her knowledge and belief that: 

(1) No Federal appropriated funds have 

been paid or will be paid, by or on behalf of 

the undersigned, to any person for 

influencing or attempting to influence an 

officer or employee of any agency, a Member 

of Congress, an officer or employee of 

Congress, or an employee of a member of 

Congress in connection with the awarding of 

any Federal contract, the making of any 

Federal grant, the making of any Federal 

loan, the entering into of any cooperative 

agreement, and the extension, continuation, 

renewal, amendment, or modification of any 

Federal contract, grant, loan, or cooperative 

agreement. 

(2) If any funds other than Federal 

appropriated funds have been paid or will be 

paid to any person for influencing or 

attempting to influence an officer or 

employee of any agency, a Member of 

Congress, an officer or employee of Congress, 

or an employee of a member of Congress in 

connection with this Federal contract, grant, 

loan, or cooperative agreement, the 

undersigned shall complete and submit 

Standard Form-LLL, ‘‘Disclosure Form to 

Report Lobbying,’’ in accordance with its 

instructions. 

(3) The undersigned shall require that the 

language of this certification be included in 

the award documents for all subawards at all 

tiers (including subcontracts, subgrants, and 

contracts under grants, loans, and 

cooperative agreements) and that all 

subrecipients shall certify and disclose 

accordingly. 

This certification is a material 

representation of fact upon which reliance 

was placed when this transaction was made 

or entered into. Submission of this 

certification is a prerequisite for making or 

entering into this transaction imposed by 

section 1352, title 31, U.S. Code. Any person 

who fails to file the required certification 

shall be subject to a civil penalty of not less 

than $10,000 and not more than $100,000 for 

each such failure. 

DATED this ll day of llllll, 

20 ll 

lllllllllllllllllllll

(Signature of Agreement Signatory) 

lllllllllllllllllllll

(Typed Name) 

lllllllllllllllllllll

(Typed Title) 

[FR Doc. 2010–2807 Filed 2–8–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Acting Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management invites comments on the 

submission for OMB review as required 

by the Paperwork Reduction Act of 

1995. 

DATES: Interested persons are invited to 

submit comments on or before March 

11, 2010. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–5806 or 

e-mailed to 

oira_submission@omb.eop.gov with a 

cc: to ICDocketMgr@ed.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Acting 

Director, Information Collection 

Clearance Division, Regulatory 

Information Management Services, 

Office of Management, publishes that 

notice containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

Dated: February 4, 2010. 

Sheila Carey, 

Acting Director, Information Collection 

Clearance Division, Regulatory Information 

Management Services, Office of Management. 

Institute of Education Sciences 

Type of Review: Revision. 

Title: Trends in International 

Mathematics and Science Study 

(TIMSS: 11) and Progress in 

International Reading Literacy Study 

(PIRLS: 11). 

Frequency: Annually. 

Affected Public: Individuals or 

households; State, Local, or Tribal 

Gov’t, SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 8,529. 

Burden Hours: 10,706. 

Abstract: NCES seeks OMB approval 

to recruit schools for the full-scale 

administration of the Trends in 

International Mathematics and Science 

Study (TIMSS) 2011 and the Progress in 

International Reading Literacy Study 

(PIRLS) 2011, both coordinated by the 

International Association for the 

Evaluation of Educational Achievement 

(IEA). TIMSS is administered every four 

years in more than 60 countries and 

provides data for internationally 

benchmarking U.S. performance in 

mathematics and science at the fourthand eighth-grade levels against other 

countries around the world. PIRLS is 

administered every five years in more 

than 50 countries and provides 

assessment data for internationally 

benchmarking U.S. performance in 

fourth-grade reading. NCES has received 

OMB approval for the international field 

test for the two studies, March 1–April 

15, 2010. The full-scale data collection 

will be in April–May 2011. NCES will 

seek approval for the full-scale 

instruments in the fall of 2010. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number 4181. When 

you access the information collection, 

click on ‘‘Download Attachments ’’ to 

view. Written requests for information 

should be addressed to U.S. Department 

of Education, 400 Maryland Avenue, 

SW., LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to the Internet address 


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