Wetland Determination Automated Data Sheets and Jurisdictional Determination Forms

Forms and Documents

Document Name	Status
Form ENG XXXX Jurisdictional Determination Forms Form	New
Form ENG 6116-5 Automated Wetland Determination Sheets Form	New
0710-WDAD_SSA_11.13.2020.docx Supporting Statement A	2020-11-13
0710-WDAD_DraftPIA_9.24.2020.pdf Supplementary Document	2020-10-12

IC Document Collections

IC ID	Document Title	Status
244023	Jurisdictional Determination Forms Form	New
244022	Automated Wetland Determination Sheets Form	New

ICR Details

OMB Control No:	ICR Reference No: 202010-0710-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOD/COE	Agency Tracking No: 0710-WDAD
Title: Wetland Determination Automated Data Sheets and Jurisdictional Determination Forms
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/16/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	33,279	0
Time Burden (Hours)	34,957	0
Cost Burden (Dollars)	899,094	0

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Abstract: In an effort to address regional wetland characteristics and improve the accuracy and efficiency of wetland delineation procedures, the U.S. Army Corps of Engineers Engineer Research and Development Center (ERDC) developed ten regional supplements to the Corps Manual, the most recent of which were issued in 2006. In developing the regional supplements, the Corps recognized that a single national manual is unable to consider regional differences that are important to the identification and functioning of wetlands. The wetland indicators and guidance provided in the 10 regional supplements are designed to be used in combination with the Corps Manual to identify wetland waters of the United States. The Automated Wetland Determination Sheets (ADSs) in this collection package 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. Jurisdictional Determination Forms are tools used by the U.S. Army Corps of Engineers (Corps) to help implement Section 404 of the Clean Water Act (CWA) and Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA). JDs specify what geographic areas will be treated as subject to regulation by the Corps under one or both statutes. Applicants for Corps permits are generally required to submit JDs as part of their permit application or in support of the permit evaluation process. If wetlands are present, the Corps generally requires that JDs include adequately documented wetland data sheets in order for the JD to be considered technically adequate. The ADSs are formatted such that they may be readily converted to Portable Document Format (PDF) for inclusion as part of the applicant’s JD report. It should be noted that the forms in this collection package may support associated permit reviews included in collection 0710-0003 which expires on 28 Feb 2022. Though they are being reviewed to be cleared under a new OMB control number, these forms and data sheets or any variations thereof will be included in the next renewal request for collection 0710-0003 which includes the standard and nationwide permit application forms, and will also include any local district forms in existence when the renewal package is submitted.

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Authorizing Statute(s): US Code: 33 USC 401, et seq. Name of Law: Rivers and Harbors Act of 1899
   US Code: 33 USC 1344 Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 27211	05/07/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 72639	11/13/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Automated Wetland Determination Sheets	ENG 6116-5, ENG 6116-6, ENG 6116-7, ENG 6116-8, ENG 6116-9, ENG 6116-4, Eng 6116, ENG 6116-1, ENG 6116-2, ENG 6116-3	Wetland Determination Data Sheet - Great Plains Region ,   Wetland Determination Data Sheet - Hawai'i and Pacific Islands Region ,   Wetland Determination Data Sheet - Midwest Region ,   Wetland Determination Data Sheet - Northcentral and Northeast Region ,   Wetland Determination Data Sheet - Western Mountains, Valleys, and Coast Region ,   Wetland Determination Data Sheet - Eastern Mountains and Piedmont Region ,   Wetland Determination Data Sheet - Alaska Region ,   Wetland Determination Data Sheet - Arid West Region ,   Wetland Determination Data Sheet - Atlantic Gulf Coast Plain Region ,   Wetland Determination Data Sheet - Caribbean Islands Region
Jurisdictional Determination Forms	ENG XXXX, ENG XXXX, ENG XXXX	Approved Jurisdictional Determination Form ,   Dry Land Approved Jurisdictional Determination Form ,   Preliminary Jurisdictional Determination Form

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	33,279	0	0	33,279	0	0
Annual Time Burden (Hours)	34,957	0	0	34,957	0	0
Annual Cost Burden (Dollars)	899,094	0	0	899,094	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection with a new associated burden.

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Annual Cost to Federal Government: $524,005

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/16/2020

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