US Army Corps of Engineers
Omaha District

The Department of the Army Regulatory Program is one of the oldest in the Federal Government. Initially it served a fairly simple, straightforward purpose: to protect and maintain the navigable capacity of the nation's waters. Time, changing public needs, evolving policy, case law and new statutory mandates have changed the complexion of the program, adding to its breadth, complexity and authority.

The Regulatory Program is committed to protecting 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 in the Nation's waters, including wetlands.

Regulatory Announcement

June 10, 2019  - The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, announces the draft biennial update to the National Wetland Plant List (NWPL) for 2018 in the Federal Register.  The Corps encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update, as well as public input on the NWPL process.  The public will have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions.  These 20 reviewed species and their draft 2018 wetland ratings by region, as well as the FR notice, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/ under “2018 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Guessing ratings is inappropriate. All submitted comments and information will be compiled and sent to the National Panel for their consideration.

The Corps is also seeking comments on the NWPL update process. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the NWPL Publications web page referenced above):

1) Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3

2) Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1

February 14, 2019 - Public Notice Announcing Federal Register Publication of Proposed New Definition of "Waters of the United States" 

February 14, 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.

January 7, 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition.  Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA.  Publication of the proposed rule in the Federal Register is also postponed.  Information on the status of the public hearing will be posted on the EPA website at https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition.

Regulatory News Releases

Emergency permitting procedures in Nebraska and South Dakota
3/19/2019
The U.S. Army Corps of Engineers, Omaha District, (Corps) is issuing this public notice to inform members of the public of Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers...
USACE preparing Highway 12 Environmental Impact Statement
3/6/2019
The U.S. Army Corps of Engineers – Omaha District is beginning work on a supplemental draft environmental impact statement for the Highway 12 road project in Knox County, Nebraska. ...
Public meeting scheduled in Jamestown, N.D., on Pipestem Dam Safety Modification Study
1/16/2019
The U.S. Army Corps of Engineers, Omaha District (Corps) will hold a public meeting on Wednesday January 16, 2019 to provide information on the Dam Safety Modification Study (DSMS) for Pipestem Dam in...
USACE to hold public meeting on U.S. 275 Environmental Impact Statement
10/31/2018
The U.S. Army Corps of Engineers (USACE) Omaha District will hold a public scoping meeting for the U.S. Highway 275 (US-275) West Point to Scribner Expressway Project Environmental Impact Statement...
Plans to draw down Cunningham Lake moving forward
10/30/2018
OMAHA, Neb.—The U.S. Army Corps of Engineers began drawing down Glenn Cunningham Lake Tuesday as part of a multiagency initiative to control the zebra mussels and common carp that have negatively...
Draft EA for Medina, North Dakota water and sewer infrastructure improvements available for comment
8/27/2018
A draft environmental assessment for a proposal to improve the existing water and sewer infrastructure for the city of Medina, North Dakota, is currently available for public review. The draft EA...
NISP public comment period extended
8/3/2018
The public comment period for the Final Environmental Impact Statement (EIS) on the Northern Integrated Supply Project (NISP) is extended to October 4, 2018....