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.

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.

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

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

Accountable - 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.

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

Regulatory Announcement

ANNOUNCING THE RELEASE OF FORM ENG 6082 – NATIONWIDE PERMIT (NWP) PRE-CONTSTRUCTION NOTIFICATION (PCN)

To assist applicants in providing complete information needed for NWP evaluations, a PCN application form was created and approved by the Office of Management and Budget (OMB) in February of 2019.  The use of this form is strongly encouraged to assist Corps districts with a streamlined evaluation of an applicant’s proposal.  Having a complete application form will reduce the need for additional information requests and should reduce the amount of time it takes the district engineer to conclude his or her review.  Instructions on how to complete the PCN application form can be found at the end of the form.

Please note not all Corps Regulatory offices will use this form, as some districts have joint federal and state application reviews and use forms created specifically for that purpose. Please refer to your local Corps district office webpage for more information on which form should be used.  A map to help you find your local Corps office website can be found at:  http://regulatory-ops.s3-website-us-east-1.amazonaws.com/

Information on the preferred form to use will be noted on the districts’ website.  The Corps can still accept information provided on other forms, however use of the PCN form for NWPs is strongly encouraged and will expedite the evaluation of your application. 

The PCN form can be found by clicking here.

September 12, 2019 - EPA and Army sign final rule to repeal the 2015 Clean Water Rule
EPA and Army announced today the signing of a final rule (Step 1 Final Rule) to repeal the 2015 Clean Water Rule and restore the regulatory regime that existed prior to the 2015 Rule.  Today's Step 1 Final Rule is in keeping with President Trump’s Executive Order 13778, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”  Prior to today's rule, a patchwork of regulations existed across the country as a result of various judicial decisions enjoining the 2015 Clean Water Rule.  Today's final rule reestablishes national consistency across the country by returning all jurisdictions to the longstanding regulatory framework that existed prior to the 2015 Clean Water Rule, which many regulatory agencies, States, Tribes, local governments, regulated entities, and the public are familiar with.  This final rule also provides regulatory certainty, while the agencies engage in the second step of rule making (Step 2 Proposed Rule) to revise the definition of "waters of the U.S."   

The Step 2 Proposed Rule was published in the Federal Register on February 14, 2019, and public comments were received through April 15, 2019.  EPA and Army are currently reviewing more than 600,000 comments received before taking final action. 

For more information on the "Waters of the U.S" rule making, please visit http://www.epa.gov/wotus-rule.  For questions about a pending jurisdictional determination or permit, we ask that you contact your local U.S. Army Corps of Engineers Regulatory Office.  Office information can be found at http://regulatory-ops.s3-website-us-east-1.amazonaws.com/.

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/nwpl_static/v33/home/home.html 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.

Regulatory News Releases

Corps finalizes the Adams & Denver Counties, Colorado General Investigation Study
7/30/2019
Lt. Gen. Todd T. Semonite, U.S. Army Corps of Engineers Commanding General and 54th U.S. Army Chief of Engineers, signed the recommended plan to implement flood risk management solutions along Weir...
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...