33756 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by electronic mail 

(email), except as described below. 

CPSC encourages you to submit 

electronic comments by using the 

Federal eRulemaking Portal. 

Mail/hand delivery/courier/ 

confidential Written Submissions: 

Submit comments by mail, hand 

delivery, or courier to: Division of the 

Secretariat, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479. If you wish to submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public, you 

may submit such comments by mail, 

hand delivery, or courier, or you may 

email them to: cpsc-os@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

https://www.regulations.gov. Do not 

submit through this website: 

Confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If you 

wish to submit such information, please 

submit it according to the instructions 

for mail/hand delivery/courier/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2014–0018, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Zachary Foster, Project Manager, 

Division of Human Factors, U.S. 

Consumer Product Safety Commission, 

5 Research Place, Rockville, MD 20850; 

telephone: (301) 987–2034; email: 

zfoster@cpsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

104(b) of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA) 

requires the Commission to adopt 

mandatory standards for durable infant 

or toddler products. 15 U.S.C. 

2056a(b)(1). Mandatory standards must 

be ‘‘substantially the same as’’ voluntary 

standards, or may be ‘‘more stringent’’ 

than voluntary standards, if the 

Commission determines that more 

stringent requirements would further 

reduce the risk of injury associated with 

the products. Id. Mandatory standards 

may be based, in whole or in part, on 

a voluntary standard. 

Pursuant to section 104(b)(4)(B) of the 

CPSIA, if a voluntary standards 

organization revises a standard that has 

been adopted, in whole or in part, as a 

consumer product safety standard under 

CPSIA section 104, it must notify the 

Commission. The revised voluntary 

standard then shall be considered to be 

a consumer product safety standard 

issued by the Commission under section 

9 of the Consumer Product Safety Act 

(15 U.S.C. 2058), effective 180 days after 

the date on which the organization 

notifies the Commission (or a later date 

specified by the Commission in the 

Federal Register) unless, within 90 days 

after receiving that notice, the 

Commission responds to the 

organization that it has determined that 

the proposed revision does not improve 

the safety of the consumer product 

covered by the standard, and therefore, 

the Commission is retaining its existing 

mandatory consumer product safety 

standard. 15 U.S.C. 2056a(b)(4)(B). 

Under this CPSIA authority, the 

Commission issued a mandatory safety 

rule for sling carriers. The rulemaking 

created 16 CFR part 1228, which 

incorporated by reference ASTM 

F2907–15, Standard Consumer Safety 

Specification for Sling Carriers. 82 FR 

8671 (Jan. 30, 2017). The mandatory 

standard included performance 

requirements and test methods, as well 

as requirements for warning labels and 

instructional literature, to address 

hazards to children associated with 

sling carriers. On April 20, 2020, the 

CPSC published a revised standard for 

sling carriers, which incorporated by 

reference ASTM F2907–19, with 

modifications to the requirements for 

test methods, labeling, and instructional 

literature which improved the safety of 

sling carriers. 85 FR 21766. 

In April 2022, ASTM published a 

further revised version of the 

incorporated voluntary standard. On 

May 23, 2022, ASTM notified the 

Commission that it had approved the 

revised version of the voluntary 

standard. This revised version includes 

revisions made to the standard in 2021 

(ASTM F2907–21) and 2022 (ASTM 

F2907–22). 

CPSC staff is assessing the revised 

voluntary standard to determine, 

consistent with section 104(b)(4)(B) of 

the CPSIA, its effect on the safety of the 

consumer product covered by the 

standard. The Commission invites 

public comment on that question to 

inform Staff’s assessment and any 

subsequent Commission consideration 

of the revisions in ASTM F2907–21 and 

ASTM F2907–22. 

The existing voluntary standard and 

the revised voluntary standard are 

available for review in several ways. 

ASTM has provided read-only copies, at 

no cost, of the red-lined versions of 

ASTM F2907–21 and ASTM F2907–22 

that identify the changes made to the 

ASTM F2907–19 version, and the 

revised standard, on ASTM’s website at: 

https://www.astm.org/CPSC.htm. 

Likewise, a read-only copy of the 

existing, incorporated standard is 

available for viewing, at no cost, on the 

ASTM website at: https://

www.astm.org/products-services/ 

reading-room.html. Interested parties 

can also download copies of the 

standards by purchasing them from 

ASTM International, 100 Barr Harbor 

Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; phone: 

610–832–9585; www.astm.org. 

Alternatively, interested parties can 

schedule an appointment to inspect 

copies of the standards at CPSC’s 

Division of the Secretariat, U.S. 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814, telephone: 301–504–7479; email: 

cpsc-os@cpsc.gov. 

Comments must be received by June 

17, 2022. Because of the short statutory 

time frame Congress established for the 

Commission to consider revised 

voluntary standards under section 

104(b)(4) of the CPSIA, CPSC will not 

consider comments received past this 

date. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2022–11900 Filed 6–2–22; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

Notice of Virtual Public and Tribal 

Meetings Regarding the Modernization 

of Army Civil Works Policy Priorities; 

Establishment of a Public Docket; 

Request for Input 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice; announcement of virtual 

public and Tribal meeting dates and 

solicitation of input. 

SUMMARY: The Department of the Army, 

Civil Works, to include the U.S. Army 

Corps of Engineers (Corps) (together, 

‘‘Army’’), are publishing this notice to 

announce an effort to modernize the 


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1Tribal Nations and Tribes as used in this 

Federal Register notice refers to ‘‘Indian tribe’’ as 

defined in Executive Order 13175 (https://

www.govinfo.gov/content/pkg/FR-2000-11-09/pdf/ 

00-29003.pdf, accessed May 5, 2022), and Native 

Hawaiian Organizations where applicable. 

Civil Works program of the Corps 

through a number of related policy 

initiatives. This effort includes a series 

of public and Tribal virtual meetings, as 

well as a public docket, to gather oral 

and written input that will be used to 

inform future decision-making related 

to: Native American/Tribal Nation 

issues; potential rulemaking actions 

regarding the Corps’ Regulatory 

Program’s implementing regulations for 

the National Historic Preservation Act 

as well as Civil Works implementation 

of the Principles, Requirements, and 

Guidelines; and, environmental justice, 

including definitions of certain terms 

used in policy making. 

DATES: Written recommendations must 

be received on or before August 2, 2022. 

The Army will hold a virtual overview 

of the policy initiatives on June 22, 

2022. The Army will hold public virtual 

meetings on the following dates: July 11, 

2022, July 14, 2022, July 18, 2022, July 

20, 2022, and July 26, 2022. In addition, 

the Army will hold Tribal virtual 

meetings on the following dates: July 7, 

2022, July 12, 2022, July 19, 2022, July 

21, 2022, and July 27, 2022. Please refer 

to the SUPPLEMENTARY INFORMATION

section below for additional information 

on these virtual meetings. 

ADDRESSES: You may send written 

feedback, identified by Docket ID No. 

COE–2022–0006, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting written 

feedback. 

• Email: usarmy.pentagon.hqda-asacw.mbx.asa-cw-reporting@army.mil. 

Include Docket ID No. COE–2022–0006 

in the subject line of the message. 

• Mail: Stacey M. Jensen, Office of the 

Assistant Secretary of the Army (Civil 

Works), 108 Army Pentagon, 

Washington, DC 20310–0108. 

• Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: All submissions received 

must include Docket ID No. COE–2022– 

0006. Please group comments into the 

specific topic areas identified below in 

the headers of the SUPPLEMENTARY

INFORMATION section, as applicable. 

Written feedback received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. Out of 

an abundance of caution for the health 

of members of the public and staff and 

to reduce the risk of transmitting 

COVID–19, the Army cannot currently 

accept hand delivery of comments. The 

Army encourages the public to submit 

written feedback via https://

www.regulations.gov/ or email, as there 

may be a delay in processing mail and 

faxes. 

FOR FURTHER INFORMATION CONTACT: 

Stacey Jensen, in writing at the Office of 

the Assistant Secretary of the Army 

(Civil Works), 108 Army Pentagon, 

Washington, DC 20310–0108; by 

telephone at 703–697–4671; and by 

email at usarmy.pentagon.hqda-asacw.mbx.asa-cw-reporting@army.mil; or, 

Joseph Redican, in writing at 

Headquarters USACE, 441 G Street NW, 

Washington, DC 20314–1000; by 

telephone at 202–761–4523; and by 

email at joseph.h.redican@

usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of the Army, Office 

of the Assistant Secretary of the Army 

for Civil Works, is seeking to modernize 

and advance the U.S. Army Corps of 

Engineers (Corps) Civil Works program 

through policy actions consistent with 

Administration priorities and statutory 

authorities. A primary focus for the 

modernization effort is to identify ways 

to better serve the needs of Tribal 

Nations 1 and other disadvantaged and 

underserved communities. The priority 

policy actions include: (1) Tribal issues, 

to include updating the Corps’ Tribal 

consultation policy and implementation 

of the Tribal Partnership Program; (2) 

Rulemaking actions, to include 

revisions to the Regulatory Program’s 

implementation of Section 106 of the 

National Historic Preservation Act 

found at 33 CFR 325, Appendix C, as 

well as a rulemaking action for 

implementation of the Principles, 

Requirements, and Guidelines; and (3) 

Environmental justice, to include 

identifying ways to further advance the 

Corps’ Civil Works commitment to 

environmental justice, including 

compliance with relevant provisions of 

the Water Resources Development Act 

(WRDA) of 2020. Each of these priority 

policy actions is described in more 

detail below, including how they align 

with the advancement of the 

Administration’s priorities. The policy 

priority actions have overlapping 

content and work together to provide a 

comprehensive modernization strategy 

for the Civil Works program. 

Before deciding on specific future 

actions regarding the priority policy 

initiatives, the Army wants to gather 

public and Tribal input to help shape 

future decision-making related to these 

priority policy initiatives. Details for 

virtual meetings to receive input from 

all stakeholders and Tribes are below in 

the Public Meetings and Outreach 

section. The Army encourages 

comments on all aspects of these 

priority policy initiatives, to include 

consideration of what a modernized 

Corps Civil Works program entails. 

For example, one action the Army has 

already initiated under this 

modernization effort is a review of 

Nationwide Permit (NWP) 12 for Oil or 

Natural Gas Pipeline Activities (87 FR 

17281). The review of NWP 12 is being 

undertaken to gather input on potential 

changes to the NWP which may be 

warranted in light of concerns raised 

and the Administration’s policies under 

E.O. 13990 (Protecting Public Health 

and the Environment and Restoring 

Science to Tackle the Climate Crisis, 

Executive Order 13990, 86 FR 7037). 

Previous uses of NWP 12 have raised 

concerns identified in Executive Order 

13990, such as environmental justice, 

climate change impacts, drinking water 

impacts, and notice to impacted 

communities. These concerns were 

raised in the context of the Corps’ 

implementation of its own authorities 

under Section 404 of the Clean Water 

Act (33 U.S.C. 1344) as well as in the 

context of other authorities that the 

Corps must comply with when issuing 

the NWPs, such as the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). The Army sought input on 

those aspects as well as any others 

related to NWP 12 through a series of 

virtual meetings and written docket via 

a separate Federal Register notice (87 

FR 17281; Docket ID No. COE–2022– 

0003–0001). 

II. Tribal 

A. Tribal Consultation Policy 

On January 26, 2021, President Biden 

issued the Presidential Memorandum, 

Tribal Consultation and Strengthening 

Nation-to-Nation Relationships (86 FR 

7491). In the Memorandum, he called 

on each federal agency to engage in 

regular, meaningful, and robust 

consultation and to implement the 

policies directed in Executive Order 

13175 of November 6, 2000, 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249). In addition, President Biden 

issued Executive Order 13990, 

Protecting Public Health and the 

Environment and Restoring Science to 


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2https://usace.contentdm.oclc.org/utils/getfile/ 

collection/p16021coll11/id/4241 (accessed April 1, 

2022). 

3Consolidated Appropriations Act, 2004, Public 

Law 108–199, Div. II. Sec. 161, 118 Stat. 3, 452 

(2004) as amended by Consolidated Appropriations 

Act, 2005, Public Law 108–447, Div. H., Title V. 

Sec. 518, 118 Stat. 2809, 3267 (2004). 

4https://www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

471002p.pdf?ver=2018-11-28-143903-320 (accessed 

April 1, 2022). 

5 GAO–19–22, https://www.gao.gov/assets/700/ 

698104.pdf (accessed April 1, 2022). 

6Presidential Memorandum on Indigenous 

Traditional Ecological Knowledge and Federal 

Decision Making, November 15, 2021, https://

www.whitehouse.gov/wp-content/uploads/2021/11/ 

111521-OSTP-CEQ-ITEK-Memo.pdf (accessed on 

April 1, 2022). 

Tackle the Climate Crisis (86 FR 7037), 

directing agencies to consider 

environmental and social justice in their 

mission areas. 

The Corps issued its current Tribal 

Consultation Policy in November 2012, 

which provides details regarding Tribal 

consultation specific to the Corps’ 

authorities and responsibilities.2 The 

Army recognizes the important intent of 

the Presidential Memorandum (86 FR 

7491) and Executive Order 13175 (65 FR 

67249), and as such, is committed to 

ensuring the Corps’ Policy is reviewed 

and updated to promote early, regular, 

meaningful, and robust consultation 

consistent with its missions and 

authorities. As such, the Army is 

undertaking a review and update of the 

Corps’ Tribal Consultation Policy. 

The Army has completed an initial 

review of the Corps’ existing Tribal 

Consultation Policy and has 

preliminarily identified several areas 

which may be included in an update. 

For example, consistent with the 

Consolidated Appropriations Act of 

2004, as amended, the Army intends to 

update the Tribal Consultation Policy to 

provide that the Corps will consult with 

Alaska Native Corporations on the same 

basis as Indian Tribes under Executive 

Order 13175.3 In addition, the Army 

intends to address provisions on 

culturally-sensitive information 

consistent with DoD Instruction 

4710.02, dated September 24, 2018.4

The Army also intends to address the 

areas below in an update to the Corps’ 

Tribal Consultation Policy and solicits 

public and Tribal input on how the 

areas below should be incorporated into 

the Policy. 

In March 2019, the Government 

Accountability Office (GAO) issued a 

Report, ‘‘Tribal Consultation: Additional 

Federal Actions Needed for 

Infrastructure Projects’’,5 which 

included a recommendation to 

document in the agency’s Tribal 

Consultation Policy how agencies will 

communicate with Tribes regarding how 

tribal input from consultation was 

considered in agency decisions on 

infrastructure projects. The Army 

intends to address this GAO 

recommendation by updating the Corps’ 

Tribal Consultation Policy to include a 

requirement to provide a written 

response to Tribes on how Tribal input 

was considered in the decision-making 

process. 

One other area the Army seeks to 

include in an update to the Corps’ 

Tribal Consultation Policy is to better 

address how Tribal consultation should 

be specifically incorporated into the 

processes associated with the Corps’ 

Regulatory Program. Currently, the 

Corps’ Regulatory Program relies on 

regulations primarily from 1986 (33 CFR 

320–330; 51 FR 41206) and 1990 (33 

CFR 325, Appendix C at 55 FR 27003), 

which provide very limited references 

to Tribal consultation. In addition, there 

is no consolidated comprehensive 

guidance specific to the Regulatory 

Program for Tribal consultation. These 

multiple references can lead to 

inconsistency and lack of clarity for the 

Corps’ staff, Tribes, and the regulated 

public as to how Tribal consultation is 

conducted in the Corps’ Regulatory 

Program. In addition, Tribes have 

indicated that the lack of regulations or 

specific policy suggests that the Corps’ 

Regulatory Program is not committed to 

consulting with Tribes. Therefore, the 

Army wants to ensure it is clear that the 

Corps’ Tribal Consultation Policy 

applies to the Regulatory Program. The 

Army is also considering how to address 

topics specific to the Regulatory 

Program in the Corps’ updated Tribal 

Consultation Policy. 

For example, the Army intends to 

address Tribal consultation 

requirements for approved jurisdictional 

determinations issued by the Corps’ 

Regulatory Program in the update to the 

Corps’ Tribal Consultation Policy. An 

approved jurisdictional determination 

means the Corps has documented the 

presence or absence of waters of the 

United States on a parcel of land or a 

written statement and map identifying 

the limits of waters of the United States 

on a parcel of land (see 33 CFR 331.2). 

Some Tribes have questioned previous 

issuances of approved jurisdictional 

determinations, which are final agency 

actions under the Administrative 

Procedure Act, without pre-decisional 

government-to-government 

consultation. Tribes may be impacted by 

an approved jurisdictional 

determination in terms of which waters 

may or may not be jurisdictional under 

the Clean Water Act and as a result any 

permit requirements that may be 

required. In addition, Tribes may have 

information, including Indigenous 

Traditional Ecological Knowledge 

(ITEK), that may assist in making such 

a determination but is unknown to the 

Corps and may only be provided in 

consultation with Tribes. The BidenHarris Administration recently issued a 

memorandum providing that ITEK can 

and should inform Federal Government 

decision making where appropriate.6

The Army solicits input on conducting 

Tribal consultations on approved 

jurisdictional determinations as a policy 

matter. 

In addition to the above, the Army 

welcomes feedback related to other key 

issues, such as identification of ways in 

which existing policy has or has not 

worked, and specific procedures that 

should/could be identified to ensure 

that consultation is regular, meaningful, 

and robust. The Army recognizes the 

vast experience of Tribal Nations in 

engagements with the Corps, including 

perspectives on how consultation has 

occurred in the past and how it could 

occur in the future, and as such wants 

to ensure tribal voices are heard during 

the process to update to the Corps’ 

Tribal Consultation Policy. In addition 

to the written input and listening 

sessions, Tribal Nations may also 

request an initiation of government-togovernment consultation on the policy 

review and update. The virtual listening 

sessions for input are described in the 

Public Meetings and Outreach section 

below. Written comments on this 

priority policy initiative are also 

strongly encouraged and instructions 

are found in the ADDRESSES section 

above. 

B. Tribal Partnership Program 

Section 203 of the WRDA of 2000, as 

amended (33 U.S.C. 2269), authorizes 

the Secretary of Army, in cooperation 

with Indian Tribes and the heads of 

other federal agencies, to carry out 

water-related planning activities, and 

activities related to the study, design, 

and construction of water resources 

development projects with federallyrecognized Tribes that are located 

primarily within Indian Country or in 

proximity to Alaska Native Villages. The 

Army has been implementing this 

authority as the Tribal Partnership 

Program (TPP). The TPP includes 

projects for flood damage reduction, 

aquatic environmental restoration and 

protection, and preservation of cultural 

and natural resources; watershed 

assessments; and other projects 

determined appropriate. 

Feasibility studies, including waterrelated planning activities are cost 


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7https://usace.contentdm.oclc.org/utils/getfile/ 

collection/p16021coll5/id/1300 (accessed April 13, 

2022). 

8https://usace.contentdm.oclc.org/utils/getfile/ 

collection/p16021coll11/id/2478 (accessed April 3, 

2022). 

9https://usace.contentdm.oclc.org/utils/getfile/ 

collection/p16021coll11/id/4042 (accessed April 3, 

2022). 

10See Fall 2021 Unified Agenda at RIN–0710– 

AB46; https://www.reginfo.gov/public/do/eAgenda

ViewRule?pubId=202110&RIN=0710-AB46 

(accessed April 3, 2022). 

shared at 50 percent federal and 50 

percent non-federal expense. The Tribal 

partner may request a study to be 

scoped at the outset to either result in 

a report recommending a project plan 

for design and construction, or in a 

more limited report describing an array 

of alternatives that are determined to be 

technically feasible and economically 

and environmentally justified. 

Watershed assessments are cost shared 

at 75 percent federal and 25 percent 

non-federal expense. Design and 

construction of projects or separable 

elements are cost shared in accordance 

with the percentages in Sections 101 of 

the WRDA of 1986, as amended (33 

U.S.C. 2211), for navigation projects, 

and in Section 103 of the WRDA of 1986 

(33 U.S.C. 2213) for other types of 

projects. For projects or separable 

elements where the federal share is not 

greater than $18.5 million, Congress 

authorized the Corps to perform design 

and construction as funding allows (33 

U.S.C. 2269(b)(4)(A)), without further 

Congressional authorization. Congress 

must provide separate authorization and 

appropriations for activities where the 

federal share is greater than $18.5 

million. 

A cost share waiver under Section 

1156 of WRDA 1986, as amended (33 

U.S.C. 2310), applies to federally 

recognized Tribes for TPP. Section 135 

of the WRDA of 2020 amended this 

provision to include an annual inflation 

adjustment (Division AA of Pub. L. 116– 

260). Tribes are also subject to the 

ability to pay, as determined by the 

Secretary, which applies to design and 

construction agreements as well as to 

studies, watershed assessments, and 

planning activities conducted under the 

TPP. Implementation Guidance for 

Section 1031(a) of Water Resources, 

Reform Development Act of 2014 (Pub. 

L. 113–121) and Section 1121 of WRDA 

2016 (Pub. L. 114–322), outlines the 

procedures for applying the ability-topay factor.7

The Army has directed development 

of updated comprehensive 

implementation guidance for the TPP. 

The guidance will cover the TPP statute, 

Section 203 of Public Law 106–541, as 

amended by Section 2011 of Public Law 

110–114, Section 1031(a) of Public Law 

113–121, Section 1121 of Public Law 

114–322, Section 1157(i) of Public Law 

115–270, and Section 303 of Division 

AA of Public Law 116–260 and any 

subsequent legislation enacted before its 

issuance. The Army seeks input on any 

specific topics, challenges, or best 

practices to include or address in the 

comprehensive TPP implementation 

guidance. For example, the Army seeks 

input as to whether additional clarity is 

needed regarding the application of the 

cost share wavier and/or ability to pay 

provisions, and if so, recommendations 

for such clarifications. Input is 

requested on ways in which the Corps 

can improve communication and 

increase awareness with Tribes 

regarding TPP, as well as identification 

of any limitations or barriers for Tribes 

to participate in TPP. The virtual 

listening sessions for input are 

described in the Public Meetings and 

Outreach section below. Written 

comments on this priority policy 

initiative are also strongly encouraged 

and instructions are found in the 

ADDRESSES section above. 

III. Potential Rulemaking Actions 

A. Corps’ Regulatory Program 

Procedures for the Protection of Historic 

Properties at 33 CFR 325, Appendix C 

Section 106 of the National Historic 

Preservation Act (NHPA) (Pub. L. 89– 

665 and amendments thereto; 54 U.S.C. 

306108) requires ‘‘the head of any 

Federal department . . . having 

authority to license any undertaking, 

. . . prior to the issuance of any license, 

shall take into account the effect of the 

undertaking on any historic property.’’ 

The Advisory Council on Historic 

Preservation (ACHP) oversees agencies’ 

compliance and issues regulations 

governing Section 106 of the NHPA (36 

CFR 800), which define how Federal 

agencies meet their statutory 

responsibilities under NHPA. The 

Army’s Civil Works programs, other 

than the Regulatory Program, use the 

regulations promulgated by ACHP for 

federal agency compliance with Section 

106 of the NHPA. 

The Corps’ regulations governing 

Section 106 of the NHPA procedures 

specific to its Regulatory Program were 

promulgated in 1990 (55 FR 27003; 33 

CFR 325, Appendix C). Since then, there 

have been amendments to the NHPA. 

For example, the 1992 amendments to 

the NHPA recognized and expanded the 

role of Indian Tribes and Native 

Hawaiian organizations (NHOs) in the 

national preservation program. In 

response to these changes, the ACHP 

revised the Section 106 implementing 

regulations to clarify the role of Tribes 

and NHOs in the Section 106 process 

(65 FR 77698). ACHP made further 

amendments to the implementing 

regulations in 2004 (69 FR 40544). In 

response to the NHPA amendments and 

regulations promulgated by ACHP to 

govern federal agency implementation 

of Section 106, the Corps’ Regulatory 

Program issued interim guidance in 

2005 8 and 2007.9 The Corps’ Regulatory 

Program issued an Advanced Notice of 

Proposed Rulemaking (ANPRM) in 2004 

(69 FR 57662) to gather input on an 

update to its implementing regulations, 

but the Corps has never finalized an 

update. 

The Army acknowledges there has 

been longstanding disagreement 

between the Corps and ACHP regarding 

differences between the Corps’ 

Regulatory Program Appendix C and the 

regulations promulgated by ACHP 

governing the Section 106 process. For 

example, the scope of the undertaking 

subject to review and the Corps’ use of 

‘‘permit area’’ versus ACHP’s use of 

‘‘area of potential effect’’. In addition, 

under the regulations promulgated by 

ACHP the resolution of adverse effects 

can be accomplished via a 

Memorandum of Agreement or, for 

certain complex projects or programs, a 

Programmatic Agreement, while the 

Corps’ regulations allow for resolution 

through a Memorandum of Agreement 

or permit conditioning. There are also 

timeline differences between the sets of 

regulations. 

The Corps’ Regulatory Program’s 

reliance on Appendix C and multiple 

guidance documents can result in 

inconsistency and confusion among the 

regulated public, State and Tribal 

Historic Preservation Offices, Tribes, 

and others. In addition, the 

longstanding disagreement between 

Regulatory and ACHP regarding 

differences between the Corps’ 

implementing regulations and those 

promulgated by ACHP concerning the 

Regulatory scope for permit area has 

resulted in lengthy and challenging 

consultations. Tribes have also stated 

that the lack of updated and consistent 

implementing regulations reflecting the 

current NHPA language for the Corps’ 

Regulatory Program indicates that the 

Corps is not meeting their statutory and 

Tribal trust responsibilities. 

As a result, the Army has made clear 

that rulemaking on Appendix C is a 

priority policy initiative which will 

serve to modernize the Regulatory 

Program.10 The Army is soliciting input 

on the best approach to modernize 

Appendix C, including consideration for 


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33760 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 

11https://planning.erdc.dren.mil/toolbox/library/ 

Guidance/Principles_Guidelines.pdf (accessed May 

4, 2022). 

12https://obamawhitehouse.archives.gov/ 

administration/eop/ceq/initiatives/PandG (accessed 

April 4, 2022). 

13https://planning.erdc.dren.mil/toolbox/library/ 

MemosandLetters/ComprehensiveDocumentation

ofBenefitsinDecisionDocument_5January2021.pdf 

(accessed April 4, 2022). 

options provided in the ANPRM from 

2004 (69 FR 57662). Due to the passage 

of time since the ANPRM, comments 

submitted in response to the ANPRM 

should be resubmitted for consideration 

related to this current initiative. The 

Army wants to best ensure compliance 

with the regulation promulgated by 

ACHP to govern federal agency 

implementation of Section 106 at 36 

CFR 800, as well as to best reflect the 

policy priorities of the Administration. 

In particular, the Army seeks input on 

whether the Corps should rely on the 

NHPA regulations at 36 CFR 800 

promulgated by ACHP and rescind 

Appendix C, and if so, whether any 

clarifying guidance is needed on the 

scope of the area of potential effects for 

the Corps’ Regulatory Program, and 

whether development of a Program 

Alternative (36 CFR 800.14) would 

allow for clear and consistent 

implementation procedures, as well as 

improved Tribal consultation. The 

virtual listening sessions for input are 

described in the Public Meetings and 

Outreach section below. Written 

comments on this priority policy 

initiative are also strongly encouraged 

and instructions are found in the 

ADDRESSES section above. 

B. Principles, Requirements, and 

Guidelines (PR&G) 

1. Background 

Section 2031 of the WRDA of 2007 

(Pub. L. 110–114) directed the Secretary 

of the Army, in consultation with the 

Secretary of the Interior, the Secretary of 

Agriculture, the Secretary of Commerce, 

the Secretary of Housing and Urban 

Development, the Secretary of 

Transportation, the Administrator of the 

Environmental Protection Agency, the 

Secretary of Energy, the Secretary of 

Homeland Security, the National 

Academy of Sciences, and the Council 

on Environmental Quality, to revise the 

March 10, 1983, Economic and 

Environmental Principles and 

Guidelines for Water and Related Land 

Resources Implementation Studies 11

(P&G) for Corps use and to address the 

following considerations: 

Advancements in economic and 

analytic techniques; public safety; lowincome communities; nonstructural 

solutions; and integrated, adaptive, and 

watershed approaches. 

Since 1983, the P&G has guided the 

evaluation and formulation of water 

resources projects proposed by the 

Corps and three other Federal water 

resources agencies. The 1983 P&G 

required the agencies to undertake a 

broad analysis of all significant effects 

of a proposed Federal water resources 

project and its alternatives. The P&G 

also directed these agencies to 

recommend the alternative with the 

greatest net economic benefit consistent 

with protecting the Nation’s 

environment, unless the agency head 

grants an exception to this rule. The 

Corps uses the P&G primarily in its 

commercial navigation and its flood and 

storm damage reduction studies. 

During the Obama Administration, 

the Council of Environmental Quality 

(CEQ) led an interagency effort to 

modernize the P&G. That process began 

in 2009 and concluded in 2013 and 

2014, when the Water Resources 

Council issued the Principles, 

Requirements and Guidelines (PR&G).12

The PR&G emphasizes that water 

resources projects should maximize 

economic development, avoid the 

unwise use of floodplains, and protect 

and restore natural ecosystems. The 

PR&G is designed to support water 

infrastructure projects with the greatest 

public benefits (economic, 

environmental and social benefits). 

During the development of the PR&G, 

which involved an interagency process, 

CEQ provided an opportunity for input 

from the public and stakeholders, 

including several workshops on topics 

such as climate change, ecosystem 

services, and Tribal engagement. In 

addition, input from a review by the 

National Academy of Sciences was 

incorporated into the final product. 

CEQ also directed and coordinated 

the development of Agency Specific 

Procedures (ASPs) by each affected 

water resources agency in 2014. Those 

ASPs were completed by all water 

resources agencies and approved by 

CEQ, with the exception of the Corps. 

For several years, beginning in 2015, the 

Congress included direction in the Joint 

Explanatory Statement for the annual 

Corps appropriation that prohibited the 

Corps from developing the ASPs to 

implement the PR&G. However, 

Congress has since then directed the 

Secretary to issue ASPs in Section 110 

of WRDA 2020 (Division AA of Pub. L. 

116–260). 

An Army memorandum dated January 

5, 2021, provided interim direction to 

the Corps project planning process.13

The memorandum directed the Corps to 

give equal consideration in its project 

studies to all of the benefits of a 

proposed project and its alternatives, 

and equal consideration of economic, 

environmental and social categories. 

2. Overview of PR&G 

The PR&G includes a number of 

notable features, which govern its 

implementation. These include: (1) The 

concept of public benefits, with a focus 

on striving to maximize public benefits 

(economic, social and environmental) 

relative to costs, with no hierarchy 

among the interrelated economic, social, 

and environmental goals when 

evaluating alternatives for investments; 

(2) elevating the Locally Preferred Plan 

(LPP), where an LPP exists it should be 

included in the final array, promoting 

transparency from the initial stages and 

reducing conflict in cases where a local 

sponsor has a ‘‘plan’’ to solve a problem; 

(3) elevating the nonstructural plan, 

where a nonstructural plan exists, it 

must be included in the final array 

regardless of whether an agency can 

implement it; (4) facilitating choices for 

the recommended project(s), where the 

public benefits approach involves 

tradeoffs among plans and outputs 

(economic, social, environmental) 

resulting in the decision maker likely 

having more projects that may be 

worthy of an investment, that there may 

be more than one ‘‘best’’ way to solve 

some of the nation’s increasingly 

complex water resources challenges, 

and that professional judgment in 

determining which project(s) is best will 

be facilitated by appropriate 

consideration of tradeoff of monetized 

and non-monetized effects, resulting in 

an elevation of the role of qualitative 

data and the need for professional 

judgment in making recommendations; 

(5) facilitating collaboration, where a 

broad application across a wider array 

of federal water programs is expected to 

facilitate collaboration in terms of data 

sharing, model development and 

agency-to-agency consultations; (6) 

elevating ecosystem, sustainable 

economic development, floodplain, 

environmental justice, public safety and 

watershed considerations in terms of 

alternatives that are developed and 

considered, increasing transparency; (7) 

level of analysis, where the PR&G 

identifies the kinds of activities to 

analyze and provides for varying levels 

of detail, as well as a means to certify 

equivalent processes as meeting the 

intent of PR&G, and the full analysis is 

provided for major investments whereas 

scaled analyses are provided for smaller 

investments, where the process is 

streamlined and procedures reflect the 

scope and complexity of the problem 

being assessed; and, (8) fiscal resources, 


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Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 33761 

14https://obamawhitehouse.archives.gov/sites/ 

default/files/docs/prg_interagency_guidelines_12_

2014.pdf (last accessed May 4, 2022). 

15See the Fall 2021 Unified Agenda, RIN 0710– 

AB418 at https://www.reginfo.gov/public/do/ 

eAgendaViewRule?pubId=202110&RIN=0710-AB41 

(accessed April 4, 2022). 

16https://www.army.mil/article/254935/ 

assistant_secretary_of_the_army_for_civil_works_

issues_environmental_justice_guidance_to_the_

army_corps_of_engineers (accessed April 3, 2022). 

17See M–21–28, https://www.whitehouse.gov/wpcontent/uploads/2021/07/M-21-28.pdf (accessed 

April 4, 2022). 

recognizing limited fiscal resources 

more directly, potentially resulting in 

smaller projects that may not maximize 

the return on investment like that of an 

National Economic Development plan, 

but solving a water resources problem at 

a smaller or different scale. 

In general, the PR&G also includes a 

focus on some of the policy priorities 

discussed in this Federal Register 

notice, as PR&G discusses climate 

resiliency and environmental justice in 

the public benefits context and they are 

both also included in the Guiding 

Principles for implementing PR&G.14

3. Path Forward Regarding PR&G 

Implementation 

The Army plans to undertake a 

rulemaking that will propose how 

specifically the Army would implement 

the PR&G.15 The Army seeks input on 

the appropriate content of this PR&G 

rulemaking to ensure consistency with 

the intent and purpose of PR&G. The 

Army expects the rulemaking to cover a 

range of basic project planning issues. 

The Army does not seek to codify the 

contents of the January 2021 

memorandum in the PR&G rulemaking 

effort. However, the Army invites 

comments on which aspects of this 

memorandum may be beneficial to carry 

forward in the forthcoming PR&G 

rulemaking effort. 

The virtual listening sessions for 

input are described in the Public 

Meetings and Outreach section below. 

Written comments on this priority 

policy initiative are also strongly 

encouraged and instructions are found 

in the ADDRESSES section above. 

III. Environmental Justice 

A. Interim Guidance Overview 

On March 15, 2022, the Assistant 

Secretary of the Army for Civil Works 

issued a memorandum to the Corps 

providing interim guidance on 

environmental justice titled, 

Implementation of Environmental 

Justice and the Justice40 Initiative 

(Interim Guidance).16 The memorandum 

outlines the environmental justice 

policy for the Army and outlines three 

key areas of focus: (1) Improving 

outreach and access to Army Civil 

Works information and resources; (2) 

improving access to Army Civil Works 

technical service programs (e.g., 

Planning Assistance to States and 

Floodplain Management Services 

programs) and maximizing the reach of 

Civil Works projects to benefit the 

disadvantaged communities, in 

particular as it relates to climate 

resiliency; and (3) ensuring any updates 

to Army Civil Works policies and 

guidance will not result in a 

disproportionate impact on 

disadvantaged communities. 

The Interim Guidance focuses on 

priority action areas for environmental 

justice, including the Justice40 

Initiative, in Civil Works. The priority 

action areas for Civil Works include the 

Tribal Partnership Program, Planning 

Assistance to States program, and 

Floodplain Management Services 

program, as well as more broadly to 

study, design, construction, and 

operation phases of projects primarily 

for flood risk management, coastal storm 

risk management, and aquatic 

ecosystem restoration. It also includes 

the Continuing Authorities Program and 

Environmental Infrastructure, where 

applicable under the relevant 

authorities. The memorandum also 

provides the initial strategy for the 

Corps to implement the Justice40 

Initiative as envisioned by the 

Administration,17 pending further 

Administration guidance. The Interim 

Guidance covers areas such as 

significant but incidental benefits and 

strategic outreach. The Interim 

Guidance details how the Corps should 

consider environmental justice until 

such time as final guidance is issued 

and provides a strategy for 

implementation to achieve the broader 

goals of the Administration regarding 

environmental justice. 

The Army seeks input on whether 

there are additional measures that the 

Army should include related to 

environmental justice, as well as 

specific to the Justice40 Initiative. In 

particular, the Army seeks input as to 

whether there are areas to be updated in 

the Interim Guidance for consideration 

in a final environmental justice 

guidance. In addition, we seek input as 

to whether there are specific 

considerations regarding the Planning 

Assistance to States program, the 

Floodplain Management Services 

program, and the Continuing 

Authorities Program which could better 

achieve environmental justice and 

equity. Input is requested on ways to 

improve how these Corps programs 

advance environmental justice and 

equity, and on any current barriers to 

achieving these objectives. Input also is 

requested on recommendations for how 

the Army can best ensure that the 

assistance that it provides under these 

programs will directly benefit and 

advance environmental justice and 

equity. 

One area not addressed in the Interim 

Guidance is the Corps’ Regulatory 

Program. The Army intends to issue 

guidance specific to the Regulatory 

Program but seeks input on how best to 

incorporate consideration of 

environmental justice in the Regulatory 

Program. The Army requests 

recommendations as to how to 

accomplish such incorporation. The 

virtual listening sessions for input are 

described in the Public Meetings and 

Outreach section below. Written 

comments on this priority policy 

initiative are also strongly encouraged 

and instructions are found in the 

ADDRESSES section above. 

B. Outreach and Tools 

To achieve the goals outlined in the 

Interim Guidance, there will be an 

evolution as to how the Army engages 

and builds relationships with 

communities. This Federal Register 

notice provides the national-level 

engagement effort for environmental 

justice outreach for the Army. The 

virtual sessions on environmental 

justice will highlight the services and 

programs that the Corps provides and 

then provide an opportunity for 

stakeholder input on how the Army can 

best leverage its capabilities and 

authorities, as well as leveraging those 

of other partners and federal agencies, to 

meet the needs of disadvantaged and 

underserved communities. Following 

this national-level engagement, the 

Army will have a more targeted focus of 

outreach at the local level. The Army 

will engage Tribal, state, and local 

governments, and local communities to 

discuss these matters and to raise public 

awareness of the available programs and 

their benefits. The Army must strive to 

align its missions and authorities with 

the disadvantaged and underserved 

community’s vision of the future to 

address the community’s needs and 

enable community resilience to the 

maximum extent practicable. The Army 

seeks input on what forms of outreach 

are best to engage disadvantaged and 

underserved communities for Army 

programs. 

As required by Executive Order 14008 

on Tackling the Climate Crisis at Home 


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33762 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 

18https://www.govinfo.gov/content/pkg/FR-2021- 

02-01/pdf/2021-02177.pdf (accessed May 5, 2022). 

19https://screeningtool.geoplatform.gov/en 

(accessed April 1, 2022). CEQ notes on the web 

page that the beta version is ‘‘an early, in-progress 

version of the tool with limited datasets that will 

be regularly updated.’’ The Army is not soliciting 

input on the CEJST as that effort is being led by 

CEQ in a separate action. 

20https://www.epa.gov/ejscreen (last accessed 

May 5, 2022). 

21https://www.whitehouse.gov/wp-content/ 

uploads/2021/07/M-21-28.pdf. 

22This can also be found at: https://

www.usace.army.mil/Missions/Civil-Works/ProjectPlanning/Legislative-Links/wrda_2020/ (accessed 

May 4, 2022) with other information regarding 

WRDA 2020 implementation. 

and Abroad,18 CEQ recently released a 

beta version of the Climate and 

Economic Justice Screening Tool 19 to 

provide a consistent government-wide 

identification of disadvantaged 

communities that are marginalized, 

underserved, and overburdened by 

pollution. The Army will use this Tool 

for purposes of implementing the 

Interim Guidance, focusing on the 

climate change and the critical clean 

water and waste infrastructure (e.g., as 

implemented through the Corps’ 

Environmental Infrastructure program) 

categories and their associated 

definitions. However, there are 

additional tools, such as the 

Environmental Protection Agency’s 

EJScreen tool,20 which are available for 

use to provide further support and 

description of these communities for 

purposes such as the National 

Environmental Compliance Act 

compliance and outreach to 

disadvantaged and underserved 

communities for our technical services 

programs. The Army seeks input on 

recommendations regarding the 

assessment of benefits directed towards 

those communities specific to the Civil 

Works program. 

C. Water Resources Development Act 

Section 160 of the WRDA of 2020 

(Pub. L. 116–260) (Act) directs the 

Secretary of the Army to issue guidance 

defining the term ‘‘economically 

disadvantaged community’’ for the 

purposes of that Act and the 

amendments made by that Act, and 

provides that to the maximum extent 

practicable, the Secretary shall utilize 

the criteria under section 301(a)(1) and 

(2) of the Public Works and Economic 

Development Act of 1965 (42 U.S.C. 

3161) to the extent that such criteria are 

applicable in relation to the 

development of a water resources 

development project. 

The Biden-Harris Administration 

released Interim Implementation 

Guidance for the Justice40 Initiative on 

July 20, 2021,21 which included an 

interim definition of ‘‘disadvantaged 

community’’: 

Community—Agencies should define 

community as ‘‘either a group of 

individuals living in geographic 

proximity to one another, or a 

geographically dispersed set of 

individuals (such as migrant workers or 

Native Americans), where either type of 

group experiences common conditions.’’ 

Disadvantaged—Agencies should 

consider appropriate data, indices, and 

screening tools to determine whether a 

specific community is disadvantaged 

based on a combination of variables that 

may include, but are not limited to, the 

following: 

Æ Low income, high and/or persistent 

poverty 

Æ High unemployment and 

underemployment 

Æ Racial and ethnic residential 

segregation, particularly where the 

segregation stems from discrimination 

by government entities 

Æ Linguistic isolation 

Æ High housing cost burden and 

substandard housing 

Æ Distressed neighborhoods 

Æ High transportation cost burden and/ 

or low transportation access 

Æ Disproportionate environmental 

stressor burden and high cumulative 

impacts 

Æ Limited water and sanitation access 

and affordability 

Æ Disproportionate impacts from 

climate change 

Æ High energy cost burden and low 

energy access 

Æ Jobs lost through the energy transition 

Æ Access to healthcare. 

The Army has drafted a proposed 

definition of ‘‘economically 

disadvantaged community,’’ consistent 

with the WRDA provision, to include: 

For purposes of the Army Civil Works 

program implementation of WRDA 2020 

an economically disadvantaged 

community is defined as meeting one or 

more of the following: 

(1) Low per capita income—The area 

has a per capita income of 80 percent or 

less of the national average; (2) 

Unemployment rate above national 

average—The area has an 

unemployment rate that is, for the most 

recent 24-month period for which data 

are available, at least 1 percent greater 

than the national average 

unemployment rate; (3) Indian country 

as defined in 18 U.S.C. 1151; (4) U.S. 

Territories.22

The Army seeks input and 

recommendations on the proposed 

definition of economically 

disadvantaged community. The Army 

also seeks input on readily available 

data sources for the proposed definition. 

The virtual listening sessions for input 

are described in the Public Meetings 

and Outreach section below. Written 

comments on this priority policy 

initiative are also strongly encouraged 

and instructions are found in the 

ADDRESSES section above. 

IV. Public Meetings and Outreach 

The Army will hold a series of virtual 

public meetings intended to solicit 

input to inform their review of potential 

future actions regarding the policy 

priority initiatives related to Tribal 

issues, potential rulemaking actions to 

include Appendix C and PR&G, and 

environmental justice. The Army will 

hold 11 virtual meetings in total, 

including one virtual meeting to provide 

an overview for the public and Tribes of 

all of the policy priority initiatives to 

help inform their comments, followed 

by a series of 10 virtual meetings to 

gather comments. There will be one 

virtual meeting on the Tribal issues 

open to all stakeholders, one virtual 

meeting on each of the rulemaking 

actions open to all stakeholders, and 

two virtual meetings on the 

environmental justice policy priority 

initiative open to all stakeholders. In 

addition, there will be two virtual 

meetings on the Tribal issues with 

leaders of Tribal Nations or their 

designated staff, one virtual meeting 

each on the potential rulemaking 

actions for the Regulatory Program’s 

Appendix C as well as PR&G specific 

with leaders of Tribal Nations or their 

designated staff, and one virtual meeting 

for the environmental justice policy 

priority initiative with leaders of Tribal 

Nations or their designated staff. 

Registration information for the virtual 

public and Tribal meetings is below. 

Separate notification to Tribal leaders is 

also being provided initiating Tribal 

consultation where applicable, with 

additional outreach to Tribal staff 

occurring at the local District level. In 

addition, more community-level 

engagement will occur at the local 

District level on these policy priority 

initiatives to encourage participation 

and input on this notice. 

Registration is required for all 

meetings. Spots are limited and those 

unable to attend are encouraged to 

provide written comments to the docket 

which will be given equal 

consideration. Additional meetings may 

be added if needed based on number of 

registrations. Attendees will be asked to 

provide their name and email address to 

register. 

Registration links are provided below 

and instructions with additional 


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Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 33763 

background information can also be 

found at the following website: https:// 

www.army.mil/asacw. Persons or 

organizations wishing to provide verbal 

input during the virtual meetings will 

be selected on a first-come, first-served 

basis. Due to the expected number of 

participants, individuals will be asked 

to limit their spoken presentation to 

three minutes. Once the speaking slots 

are filled, participants may be placed on 

a standby list to speak or continue to 

register to listen to the input. 

Supporting materials and written 

feedback from those who do not have an 

opportunity to speak can be submitted 

to the docket as described above. The 

schedule for the virtual meetings is as 

follows: 

—Overview virtual meeting: June 22, 

2022, 1 p.m. to 3 p.m. Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJItdeGvqDoqHLDhqGkG

Co2XDqvJPTrrQ1E 

—Public virtual meeting on Tribal 

issues: July 11, 2022, 1 p.m. to 3 

p.m. Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJItdu2hqDMqHahppbA2q

3HVKm31LbxqMqU 

—Public virtual meeting on Appendix C: 

July 14, 2022, 2 p.m. to 4 p.m. 

Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJIscOqtqT4jHopjlJy1l5

JnRlnt5OOxkic 

—Public virtual meeting on PR&G: July 

18, 2022, 1 p.m. to 3 p.m. Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJItdu6upjguG5Lbf

OXUWkUAEz7m3-NZ5V0 

—Public virtual meetings on 

Environmental Justice: July 20, 

2022, 1 p.m. to 3 p.m. Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJIsceqgpjgpH0DUKHE

otfCGnZWEs10jtqI 

July 26, 2022, 2 p.m. to 4 p.m. 

Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJIsfuiuqzwoG4F4fn

SJmInSQZY4vZwEVGE 

—Tribal virtual meetings on Tribal 

Issues: July 7, 2022, 1 p.m. to 3 p.m. 

Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJIscO-upzIsGQaR8o8fv

Qb23U8CBjScxBA 

July 12, 2022, 2 p.m. to 4 p.m. 

Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJItce-vqjwvG8Kjy6JX2

ohci3WsBGSVLis 

—Tribal virtual meeting on Appendix C: 

July 19, 2022, 2 p.m. to 4 p.m. 

Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJItdemoqjkuE29OGf1x

q1vB9cJrAGyoX1g 

—Tribal virtual meeting on PR&G: July 

21, 2022, 1 p.m. to 3 p.m. Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJItd-6rqzMpHO_

oqn8OTcV30Fe7Af5hW9E 

—Tribal virtual meeting on 

Environmental Justice: July 27, 

2022, 1 p.m. to 3 p.m. Eastern. 

Registration link: https://

www.zoomgov.com/meeting/ 

register/vJIsdeutpjspEp7MCdx6i

2KfGISuML0S83o 

Michael L. Connor, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2022–11881 Filed 6–2–22; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; Indian 

Education Discretionary Grants 

Programs—Native American Language 

Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Department of Education 

is issuing a notice inviting applications 

for fiscal year (FY) 2022 for Indian 

Education Discretionary Grants 

Programs—Native American Language 

(NAL@ED) program, Assistance Listing 

Number (ALN) 84.415B. This notice 

relates to the approved information 

collection under OMB control number 

1810–0731. 

DATES: Applications available: June 3, 

2022. 

Deadline for notice of intent to apply: 

July 5, 2022. 

Date of pre-application meeting: June 

21, 2022. 

Deadline for transmittal of 

applications: August 2, 2022. 

Deadline for intergovernmental 

review: October 3, 2022. 

ADDRESSES: For the addresses for 

obtaining and submitting an 

application, please refer to our Common 

Instructions for Applicants to 

Department of Education Discretionary 

Grant Programs, published in the 

Federal Register on December 27, 2021 

(86 FR 73264) and available at 

www.federalregister.gov/d/2021-27979. 

Please note that these Common 

Instructions supersede the version 

published on February 13, 2019, and, in 

part, describe the transition from the 

requirement to register in SAM.gov a 

Data Universal Numbering System 

(DUNS) number to the implementation 

of the Unique Entity Identifier (UEI). 

More information on the phase-out of 

DUNS numbers is available at 

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Angela Hernandez, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3W234, Washington, DC 20202– 

6335. Telephone: (202) 205–1909. 

Email: NAL@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purposes of 

this program are to (1) support schools 

that use Native American and Alaska 

Native languages as the primary 

language of instruction; (2) maintain, 

protect, and promote the rights and 

freedom of Native Americans and 

Alaska Natives to use, practice, 

maintain, and revitalize their languages, 

as envisioned in the Native American 

Languages Act of 1990 (25 U.S.C. 2901, 

et seq.); and (3) support the Nation’s 

First Peoples’ efforts to maintain and 

revitalize their languages and cultures, 

and to improve educational 

opportunities and student outcomes 

within Native American and Alaska 

Native communities. 

Background: The Department 

encourages applicants to propose a 

broad range of activities to achieve these 

purposes, including activities that are 

aligned with the Administration’s 

policy focus areas and with the needs 

described by Tribal leaders and the 

education field during the March 17, 

2022 Department-sponsored listening 

session, ‘‘Advancing the Interagency 

Memorandum of Agreement on Native 

Languages: Promising Practices and 

Persistent Barriers.’’ Specifically, we 

encourage promoting education equity 

and adequacy in resources and 

opportunity for underserved students, 

including rigorous, engaging, and wellrounded approaches to learning that are 

inclusive regarding culture and 

language and prepare students for 


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