The proposed Keystone XL Pipeline Project (Project) within the United States would be located in Montana, South Dakota, and Nebraska, connecting to the existing Keystone Cushing Extension pipeline, which extends from Steele City, Nebraska, to Cushing, Oklahoma. In total, the Project would consist of approximately 1,209 miles of new, 36-inch- diameter pipeline, with approximately 327 miles of pipeline in Canada and approximately 882 miles in the United States (U.S.). The Project would cross the international border between Saskatchewan, Canada, and the U.S. near Morgan, Montana, and would include pipeline generally within a 110-foot-wide temporary construction right-of-way (ROW) and a 50-foot-wide permanent ROW in Montana, South Dakota, and Nebraska. The approximate start of the Project in Montana is located at the following coordinates: 48.99, -107.54. The approximate end of the Project in Nebraska is located at the following coordinates: 40.04, -96.99.

Public Notice available at NWO-2020-01055-PIE

The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR):  Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories. A preliminary injunction has been granted for the state of Colorado.  Federal jurisdiction in Colorado will be determined using the 2019 Rule (the recodification of the 1986 Regulations) and associated 2003/2008 (SWANCC/Rapanos) guidance documents.  The NWPR establishes the scope of federal regulatory authority under the Clean Water Act.  The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. 

The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states.  Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.

The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.

The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at http://wetland-plants.usace.army.mil/.  State, regional, and national lists can also be downloaded from this site.

The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250.  The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.

The Nebraska Regulatory Office of the U.S. Army Corps of Engineers' Omaha District has been working to be more responsive to the needs of the public. For the Regulatory Program, we know there is great interest in allowing information associated with pre-construction notifications, permit applications, and other requests in a digital format, instead of paper.

In light of the COVID-19 pandemic, the Nebraska Regulatory Office strongly encourages all submittals be provided in digital form, eliminating any need to send a paper copy. The Nebraska Regulatory Office has been authorized and encouraged to telework from home throughout this crisis to help slow the spread of the virus while continuing to execute the regulatory program and provide customer service. Submitting requests to our office electronically avoids the necessity of handling paper documents, eliminates any possibility of pathogen transmittals, and allows our regulatory project managers electronic access to the requests while teleworking via the internet.

The Nebraska Regulatory Office will accept electronic submittals during the COVID-19 pandemic. If you are submitting information associated with a new request, such as a permit application or pre-construction notification, please submit it to NE404Reg@usace.army.mil for initial in-processing. (NOTE: Emails including attachments cannot exceed 40Mb; attachments should be clearly labeled, and consolidated into one PDF when possible).

If you require assistance with an active request, we encourage you to send digital files directly to the project manager assigned to the action. We also recommend that email is the best option for communicating with the project manager at this time since they may be teleworking. If you do not know who is assigned to your action, please send your request to our general email box, or call our office at 402-896-0896.

We will continue to accept paper copies of your requests if you are unable to submit them electronically. However, evaluating your requests may be delayed until someone in the office is able to scan and convert your paper documents to digital documents available to the assigned project manager.

Further information and instructions regarding submitting requests electronically can be found at: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/

If you have any questions, please contact the Nebraska Regulatory Office at 402-896-0896 or send an email to NE404Reg@usace.army.mil