[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Notices]
[Pages 74984-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24069]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2023-HQ-0016]


Proposed Collection; Comment Request

AGENCY: U.S. Army Corps of Engineers (USACE), Department of the Army, 
Department of Defense (DoD).

ACTION: 60-Day information collection notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
U.S. Army Corps of Engineers announces a proposed public information 
collection and seeks public comment on the provisions thereof. Comments 
are invited on: whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; the 
accuracy of the agency's estimate of the burden of the proposed 
information collection; ways to enhance the quality, utility, and 
clarity of the information to be collected; and ways to minimize the 
burden of the information collection on respondents, including through 
the use of automated collection techniques or other forms of 
information technology.

DATES: Consideration will be given to all comments received by January 
2, 2024.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Department of Defense, Office of the Assistant to the 
Secretary of Defense for Privacy, Civil Liberties, and Transparency, 
4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-
1700.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: To request more information on this 
proposed information collection or to obtain a copy of the proposal and 
associated collection instruments, please write to Headquarters, U.S. 
Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000, 
ATTN: Mr. Matt Wilson, or call 202-761-5856.

SUPPLEMENTARY INFORMATION: 
    Title; Associated Form; and OMB Number: Jurisdictional 
Determination Forms and Aquatic Resources Delineation Forms; ENG Forms 
6116 (0-9), 6245-6250, 6281 (1-2); OMB Control Number 0710-0024.

Needs and Uses

Jurisdictional Determination Forms

    The U.S. Army Corps of Engineers (Corps), through its Regulatory 
Program, regulates certain activities in waters of the United States 
(WOTUS), pursuant to Section 404 of the Clean Water Act (CWA). WOTUS 
are defined under 33 CFR part 328. The Corps also regulates certain 
activities in ``navigable waters of the United States'' pursuant to 
Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA). The 
Corps has authorized its district engineers to issue formal 
determinations concerning the applicability of the CWA or the RHA to 
tracts of land. (See 33 CFR 320.1(a)(6)). These formal determinations 
concerning the applicability of the CWA or RHA to tracts of land are 
known as ``jurisdictional determinations.'' Approved jurisdictional 
determinations (AJDs) and preliminary JDs (PJDs) are tools used by the 
Corps to help implement Section 404 of the CWA (33 U.S.C. 1344) and 
Sections 9 and 10 of the RHA (33 U.S.C. 401, et seq.). Both types of 
JDs specify what geographic areas will be treated as subject to 
regulation by the Corps under one or both statutes.
    On August 29, 2023, the U.S. Environmental Protection Agency (EPA) 
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.
    As a result of ongoing litigation on the January 2023 Rule, the 
agencies are currently implementing the January 2023 Rule, as amended 
by the conforming rule, in 23 states, the District of Columbia, and the 
U.S. Territories. In the other 27 states and for certain parties, the 
agencies are interpreting ``waters of the United States'' consistent 
with the pre-2015 regulatory regime and the Supreme Court's decision in 
Sackett until further notice.
    This information collection request thus implements the collections 
of information associated with the Corps' implementation of the 2023 
Rule, as amended, and the pre-2015 regime consistent with Sackett. The 
Corps intends to implement the 2023 Conforming Rule and the pre-2015 
regime consistent with Sackett using two forms, which consist of the 
Preliminary Jurisdictional Determination Form (PJD Form) and a ``JD 
Request Form.'' Under the most recent regulatory regimes (the September 
2023 Conforming Rule and the pre-2015 regime consistent with Sackett), 
the Corps has elected to use a Memorandum for Record (MFR) instead of a 
JD ``form'' to document the basis of its jurisdictional decisions under 
those two regimes. While we are including four separate AJD Forms in 
this package, including (1) the ``pre-2015 regime (a.k.a., 
``Rapanos'')'' AJD Form, (2) The pre-2015/Rapanos ``dry land'' AJD 
Form, (3) the 2020 NWPR AJD Form, and (4) the January 2023 Rule AJD 
Form, none of those four AJD Forms are currently in use. Even though 
these four forms are not currently in use, they are included in this 
collection for historical purposes. Therefore, there a total of six JD 
forms (the PJD Form, the JD Request Form, and the 4 historical AJD 
Forms) in this collection.

[[Page 74985]]

Aquatic Resource Delineation Datasheets

    In order for the Corps to determine the amount and extent of 
aquatic resources at a site, the Corps must geographically delineate 
aquatic resources in accordance with established regulations, policy, 
and guidance. The aquatic resource delineation datasheets fall into two 
main categories: (1) the ENG 6119 (0-9) series, which are our automated 
wetland determination data sheets (ADS) and (2) the Ordinary High Water 
Mark (OHWM) field identification datasheet.
    To delineate wetlands, the Corps uses the 1987 Corps of Engineers 
Wetlands Delineation Manual (Corps Manual) and the most current 
applicable regional supplements. There are ten wetland data sheets in 
total but these really are one single collection that is split into 10 
regional sub-forms. The ADSs streamline the information collection 
process by incorporating reference material and analytical processes 
directly into the form, which is provided as a Microsoft Excel document 
rather than the PDF form included in the regional supplements. 
Additionally, the ADSs automate data analysis using information input 
by the respondent (e.g., the ``dominance test'' for wetland 
vegetation), which will reduce the time and effort required to complete 
these processes.
    Non-tidal, non-wetland waters of the United States, which are 
defined in 33 CFR part 328, must be delineated to the extent of the 
ordinary high water mark (OHWM), which is defined at 33 CFR 328.3(c)(4) 
and 33 CFR 329.11(a)(1). Regulatory Guidance Letter (RGL) 05-05 
provides guidance on identification of OHWM. In 2022, the Corps 
released a draft Engineer Research and Development Center Technical 
Report, ``National Ordinary High Water Mark Field Delineation Manual 
for Rivers and Streams'' (Draft National Manual), which is the first 
national manual that provides and describes indicators and a 
methodology which will help improve consistency in the identification 
and delineation of the OHWM by (1) providing consistent definitions of 
OHWM indicators; (2) outlining a clear, step-by-step process for 
identifying the OHWM using a Weight-of-Evidence approach; and (3) 
providing a datasheet for logging information at a site. As part of the 
development of the Draft National Manual, the Corps developed a Data 
Sheet (ENG 6250) for facilitating documentation of the OHWM.
    Affected Public: Individuals or households.
Request for Corps Jurisdictional Determination (ENG 6247)
    Annual Burden Hours: 2,815.
    Number of Respondents: 16,891.
    Responses per Respondent: 1.
    Annual Responses: 16,891.
    Average Burden per Response: 10 minutes.
Approved Jurisdictional Determination Forms (ENG 6245, 6248, & 6281)
    Annual Burden Hours: 1,670.
    Number of Respondents: 668.
    Responses per Respondent: 1.
    Annual Responses: 668.
    Average Burden per Response: 150 minutes.
Rapanos Dry Land AJD Form (ENG 6246)
    Annual Burden Hours: 61.
    Number of Respondents: 243.
    Responses per Respondent: 1.
    Annual Responses: 243.
    Average Burden per Response: 15 Minutes.
Preliminary JD Form (Eng 6249)
    Annual Burden Hours: 625.
    Number of Respondents: 1,500.
    Responses per Respondent: 1.
    Annual Responses: 1,500.
    Average Burden per Response: 25 Minutes.
Ordinary High Water Mark Data Sheet (Eng 6250)
    Annual Burden Hours: 19,990.
    Number of Respondents: 39,980.
    Responses per Respondent: 1.
    Annual Responses: 39,980.
    Average Burden per Response: 30 Minutes.
Automated Wetland Data Sheets (Eng 6116 (0-9))
    Annual Burden Hours: 48,692.
    Number of Respondents: 48,692.
    Responses per Respondent: 2.
    Annual Responses: 97,384.
    Average Burden per Response: 30 Minutes.
Total
    Annual Burden Hours: 73,853.
    Number of Respondents: 107,974.
    Annual Responses: 156,666.
    Frequency: On Occasion.

    Dated: October 24, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-24069 Filed 10-31-23; 8:45 am]
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