US Army Corps of Engineers
Tulsa District

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Email: ceswt-ro@usace.army.mil

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U.S. Army Corps of Engineers
CESWT-RO
2488 E. 81st Street
Tulsa, OK  74137-4290

Regulatory News

14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition:  The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019.  More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

16 August 2018 - U.S. District Court for the District of South Carolina's Decision on Water of the US.  - More information can be found at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.

3 November 2017 - The SWT has prepared a FEIS pursuant to the National Environmental Policy Act (NEPA) of 1969, to analyze the direct, indirect, and cumulative effects associated with the proposed Lower Bois d’Arc Creek Reservoir (LBCR) project, Fannin County, Texas.  Additional information concerning the Notice of Availability of the Final Environmental Impact Statement (FEIS) for the LBRC can be found at:

http://www.swt.usace.army.mil/Missions/Regulatory/Tulsa-District-Environmental-Impact-Statements/.  Written comments on the FEIS must be submitted to the Regulatory Office on or before December 9, 2017.  

31 March 2017 - The SWT Regional Conditions associated with the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions have been approved by the Division Commander. The Regional Conditions can be found at http://www.swt.usace.army.mil/Missions/Regulatory/Nationwide-Permit-Program/.  These Regional Conditions will expire on March 18, 2022. 

22 March 2017 -  On February 22, 2017, the Corps of Engineers approved the Deep Fork Mitigation Bank for use within the State of Oklahoma. The Primary Service Areas for the Deep Fork MB will be available in the following HUC watersheds: 11100303 (Deep Fork) and 11100302 (Lower North Canadian); the Secondary Service Areas for the Deep Fork MB will be available in the following HUC watersheds: 11090203 (Little River), 11110101 (Polecat-Snake Watershed), 11110102 (Dirty-Greenleaf Watershed, located west of the Arkansas River), 11100301(Middle North Canadian Watershed), and 11050002 (Lower Cimarron-Skeleton Watershed).  For additional information, concerning the Terra Foundation ILF the following website is available: http://www.swt.usace.army.mil/Missions/Regulatory/Mitigation.aspx.

20 January 2017 - On January 6, 2016, the U.S. Army Corps of Engineers published in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications from prior versions. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs will go into effect on March 19, 2017, and will expire on March 18, 2022.

The Federal Register notice is available for viewing at the Tulsa District Office located at 1645 South 101st East Avenue, Tulsa, Oklahoma or on the Internet at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx. As an alternative, interested parties can access the January 6, 2017, final rule that was published in the Federal Register through the U.S. Government Printing Office at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.

The Corps has also issued final decision documents for the new and reissued NWPs. These documents are available at www.regulations.gov at docket number COE-2015-0017. Furthermore, the national NWP decision documents will be supplemented by Division Engineers to address decisions concerning the addition of regional conditions to the NWPs.

Regulatory Program Overview

The mission of the Corps of Engineers Regulatory Program is to protect the nation's aquatic resources, while allowing reasonable development through fair, flexible, and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the nation's waters, including wetlands. Corps permits are also necessary for any work, including construction and dredging, in the nation’s navigable waters.

The Corps balances the reasonably foreseeable benefits and detriments of proposed projects, and makes permit decisions that recognize the essential values of the nation's aquatic ecosystems to the general public, as well as the property rights of private citizens who want to use their land. During the permit process, the Corps considers the views of other federal, state and local agencies, interest groups, and the general public.

The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the U.S. Unavoidable adverse impacts to the aquatic environment are offset by mitigation requirements, which may include restoring, enhancing, creating, and preserving aquatic functions and values. The Corps strives to make its permit decisions in a timely manner.

Our Commitment to Public Service

Public service is a public trust. We, as Corps regulators, must earn this trust, and to keep this trust, we must conduct ourselves in a manner that reflects the following principles:

PROFESSIONAL - We will conduct ourselves in a professional manner in dealings with all our customers, including applicants, violators, agencies, interest groups and the general public.

FAIR AND REASONABLE - We will be open-minded, impartial, and consistent in our interactions with all our customers to ensure all actions and decisions are free from bias and are not arbitrary or capricious. Customers will be treated equally and with tolerance.

KNOWLEDGEABLE - We will remain knowledgeable of applicable laws, regulations, and scientific and technical advances which affect our program.

HONESTY - We will be truthful, straightforward, and candid in all dealings with our customers.

TIMELINESS - We will strive to provide our customers with timely regulatory responses regardless of whether those responses are favorable or adverse.

ACCOUNTABILITY - We will be decisive in all actions and accept responsibility for any of our decisions and resulting consequences. All decisions will be factual and properly documented.

RESPECT - We will treat our customers with dignity, courtesy, compassion, and sensitivity.

"Value to the Nation"

 
"Regulatory Program Value to the Nation" is a brochure which describes how the Corps of Engineers applies the nation's clean water laws and regulations to ensure that environmental impacts on aquatic resources are avoided, minimized, or mitigated. The Corps of Engineers is dedicated to protecting the nation's aquatic resources while allowing reasonable and necessary development.

Authorities

Provisions written in three federal laws give responsibility to the Corps of Engineers to assess and control the impacts of human activities within specific water resource areas in the United States:

Congress' objective is to protect waterway navigation and the quality of surface water and ocean habitat. Two of these laws are applicable to the Tulsa District -- the Rivers and Harbors Act and the Clean Water Act. Additional clarification of these authorities is provided in the program's implementing regulations (33 CFR 320-332).