ASFPM Comments on USACE Proposed Rules for Agency Specific Procedures for PR&G
The U.S. Army Corps of Engineers has just passed another milestone towards expanding and modernizing their water resources project planning process, particularly by moving towards incorporating “multiple-objective” planning, instead of being guided by the current single-objective of “national economic development” (or NED).
The current planning framework, called the Principles and Guidelines (“P&G”), which aims to “maximize monetized NED benefits” (while meeting the basic environmental requirements), was first adopted in 1983 when it was championed by the Interior Dept. Secretary James G. Watt, as he was acting as the chair of the now largely inactive U.S. Water Resources Council. In the 2007 Water Resources Development Act (Sec. 2031), and again in WRDA 2014, Congress directed the Army Secretary to make major revisions to the P&G, because they are now widely seen as unduly narrow. These changes have been held up for more than 15 years by a range of hurdles; however, some key first steps were taken by the Obama Administration in 2013 with adoption of a new, broader planning framework called the Principles and Requirements, followed in 2014 with adoption of cross-government “Interagency Guidelines.”
On February 15, 2024, the Corps issued proposed regulations (“ASP’s”) built on these two more recent documents that would substantially expand the range of benefits available for project or program evaluation benefit-cost analyses, making consideration of economic, environmental, and social effects to be “non-hierarchical,” and specifying additional principles to be pursued, including environmental justice, avoiding the unwise use of floodplains, healthy and resilient ecosystems, public safety, using a watershed perspective, and emphasizing sustainable economic development. The public comments period closed April 15.
ASFPM provided comments, broadly approving the proposed rules and their intentions, but also urging more detail be included in the regulations themselves, to give greater clarification and to limit potential for misinterpretation or unnecessary controversy. The rules are meant to apply to most types of projects (and programs) the Corps traditionally undertakes, including navigation, flood risk management, and ecosystem restoration and protection, but here, on a prospective basis. The agency received some 52 sets of public comments, with a large number supporting the need for broadening considerations and objectives in planning, including use of nonstructural approaches, and natural and nature-based designs to be considered early in the planning process. Most commenters recognized that the current analyses often exclude or very poorly-serve economically or socially disadvantaged neighborhoods and communities, especially in flood-risk reduction and ecosystem protection. It is the more expensive properties at risk that usually get the most funding and attention. It is not clear if the Corps will be able to complete the rulemaking process in the next few to several months, but we understand the Corps hopes to keep the process moving forward. The rule’s preamble discussion, draft rule and public comments are available on the Regulations.gov site. ASFPM’s comments are available here.
