Jurisdictional Determination
Forms and Aquatic Resources Delineation Forms
Revision of a currently approved collection
No
Emergency
09/27/2023
09/26/2023
Requested
Previously Approved
6 Months From Approved
09/30/2023
156,666
52,779
73,853
38,207
2,197,862
1,070,177
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.
The Department of
Defense (DoD) and the U.S. Army Corps of Engineers (USACE) have
determined that information must be collected from the public to
support processing of jurisdictional determinations by USACE, and
that the Jurisdictional Determination (JD) Forms are essential to
the Regulatory mission of the agency because they provide the most
structured and efficient way of collecting this information. The
final rule “Revised Definition of ‘Waters of the United States’;
Conforming” (hereinafter “the Conforming Rule”) was published in
the Federal Register on 8 September 2023 and became effective on
that same date. It would greatly enhance our ability to ensure
consistent implementation of the Conforming Rule to have these
forms in place prior to the time periods established under Part
1320 of the regulations. There is no requirement in USACE's
regulations that requires us to use the JD Forms to collect the
information needed to process a jurisdictional determination
request. However, the JD Forms provide a highly efficient and
organized process for consistently collecting and summarizing that
information. Our use of the JD Forms will provide public benefit by
improving the expediency, accuracy, and consistency of the
information we need to respond to a request for a jurisdictional
determination. The Conforming Rule was announced by the U.S.
Environmental Protection Agency and the Department of the Army (the
agencies) on 29 August 2023, was published in the Federal Register
on 8 September 2023, and became immediately effective. Because
USACE was not party to the agencies’ rulemaking process we did not
have an opportunity to complete our development of the JD Forms
needed to process jurisdictional determinations under the
Conforming Rule prior to 29 August 2023. Therefore, it was not
possible for USACE to start the final collections process prior to
29 August 2023. USACE proactively initiated the collections
emergency approval process for the Conforming Rule information
collections on 4 August 2023, in anticipation that emergency
approval from OMB would be needed in order for USACE districts to
collect information needed to respond to requests for
jurisdictional determinations under the Conforming Rule. Now that
the Conforming Rule has been published, USACE respectfully requests
emergency approval of the JD Forms. Emergency approval is necessary
because collection of the information on the JD Forms is needed
prior to the expiration of the time periods required for the full
approval process set forth in part 1320 and that use of normal
clearance procedures is reasonably likely to prevent or disrupt the
collection of information required for this public service. If the
JD Forms are not made available to the public, the public will not
be able to benefit from the streamlined documentation of USACE’s
jurisdiction that it provides. DoD and USACE have an urgent need to
use the JD Forms to assist with collection of the information
needed to respond to requests for jurisdictional determinations.
Because of the need for USACE to use the JD Forms to collect
information needed to process requests for jurisdictional
determinations concurrent with the immediate effective date of the
Conforming Rule, it is impracticable for DoD to consult in advance
with interested agencies and members of the public in order to
minimize the burden of the collection of information pursuant to 5
C.F.R. § 1320.13(c). Therefore, DoD is requesting that this
information collection request be processed as an emergency
clearance request in accordance with 5 C.F.R. § 1320.13, Emergency
Processing. During the anticipated 180-day emergency clearance
period, DoD will work to establish a regular clearance submission
of this information collection request under the Paperwork
Reduction Act procedures.
ENG Form 6116, ENG Form 6116-1, ENG Form 6116-2, ENG Form
6116-3, ENG Form 6116-8, ENG Form 6116-5, ENG Form 6116-6, ENG Form
6116-7, ENG Form 6116-9, ENG Form 6116-4
Some components of this (ENG
6247 and ENG 6281) are a new collection with a new associated
burden. The ENG 6250 is currently covered by the burden estimate
for 0710-0025, and that burden is being incorporated into this
collection. The burden for ENG 6116 (0-9) has increased since the
previous approval due to recalculation of the number of annual
responses. The estimated response time has also been updated to
better reflect the time needed to complete the form. The burden for
the ENG 6245, ENG 6246, ENG 6248, ENG 6249, and ENG 6250 have
decreased since the previous approval due to recalculation of the
number of annual responses. The estimated response time has also
been updated to better reflect the time needed to complete the
form. The overall respondent labor cost burden estimate has been
updated to account for higher hourly wages from the Bureau of Labor
Statistics.
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:
(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;
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.
Form ENG Form 6249 Preliminary Jurisdictional Determination Form
0710-0024_SSA_9.21.2023.docx
OMB.EmergencyApproval-JustificationLetter-18SEP23.pdf
Preliminary Jurisdictional Determination Form