The U.S. Army Corps of Engineers (USACE) has announced a 60-day public comment period concerning a critical information collection instrumental to its Nonstructural Flood Risk Management Program. Published in the Federal Register on June 24, 2026, this notice seeks input on the "Nonstructural Measures Property Owner Application Form", a series of documents designed to gather vital property and ownership data from residential property owners. The information is necessary to implement projects aimed at reducing flood damages through measures such as home elevations and floodproofing, underscoring the federal government's ongoing efforts to enhance community resilience against flood hazards. The comment period closes on August 24, 2026, offering individuals, households, and businesses an opportunity to shape the administrative framework of these crucial federal programs.
Background and Program Overview
The USACE's Nonstructural Flood Risk Management Program operates under a clear mandate to mitigate flood risks across the nation. This program is rooted in Section 73 of the Water Resources Development Act of 1974 (33 U.S.C. 701b-11), which provides the legislative authority for evaluating and implementing nonstructural measures. Further guidance is provided by Executive Order 11988, concerning Floodplain Management, and Engineer Regulation 1165-2-26. These foundational documents collectively compel the USACE to pursue strategies that reduce flood damages without relying solely on traditional structural solutions like levees or dams. Instead, the focus is on interventions applied directly to properties, such as elevating structures or installing floodproofing systems, which aim to make buildings more resilient to inundation. The current information collection is essential for the practical execution of these congressionally-authorized, cost-shared projects, where USACE collaborates with non-federal sponsors to deliver flood protection.
The Information Collection Process
The proposed collection, identified by OMB Control Number 0710-NONS, involves a phased approach utilizing four distinct instruments. These include an Interest Form, Application Form--Part I, Application Form--Part II, and a Right of Entry Form. Property owners are expected to submit this information either through a secure online portal, ArcGIS Survey123, or in traditional paper or PDF formats. Each stage of the collection serves a specific purpose in the program's lifecycle. Initially, the Interest Form gathers preliminary data. Subsequent application parts delve deeper into property and ownership details. Finally, the Right of Entry Form grants USACE necessary access for inspections and assessments. The site-specific data gathered through these forms is crucial for several key functions. It enables USACE to validate a property's eligibility for the program, assess its structural suitability for nonstructural measures, identify any potential property hazards or legal encumbrances, and accurately develop construction cost estimates. Ultimately, this detailed information allows USACE to verify property characteristics through on-site visual inspections and to formalize agreements with eligible property owners.
Stakeholder Impact and Burden
The proposed information collection directly affects a broad segment of the public, specifically identified as "Individuals or households" and "Businesses or other for-profit entities." The Federal Register notice provides a detailed breakdown of the estimated annual burden. The Property Owner Interest Form is projected to incur 13 annual burden hours from 250 respondents, with an average of 3 minutes per response. Property Owner Application Part I is estimated at 3,075 annual burden hours from 6,150 respondents, with an average of 30 minutes per response. Part II adds 1,230 annual burden hours from 4,920 respondents, averaging 15 minutes per response. The Right of Entry Form contributes 410 annual burden hours from 4,920 respondents, with an average of 5 minutes per response. Cumulatively, the USACE estimates a total annual burden of 4,728 hours impacting 16,240 respondents. These figures highlight the significant commitment of time requested from the public for participation in this vital program. The agency explicitly invites comments on the accuracy of these burden estimates and ways to minimize this impact, including through automated collection techniques.
Implications and Agency Mandate
The stakes associated with this information collection are considerable. USACE unequivocally states that "Without this information, USACE cannot fulfill its statutory mission to execute Congressionally-authorized flood risk reduction projects." This declaration underscores the critical role this data plays in the agency's ability to implement federal flood management policies and protect communities. The Nonstructural Flood Risk Management Program represents a proactive approach to resilience, aiming to reduce the long-term costs and impacts of flooding. By collecting specific property data, USACE ensures that federal funds are directed to eligible properties and that proposed nonstructural measures are appropriate and effective. The public comment process offers an avenue for affected parties to provide feedback that could refine the data collection process, ensuring it remains both effective for the agency and as streamlined as possible for respondents. This ongoing dialogue between the government and its citizens is a hallmark of transparent federal administration, especially in programs with direct public engagement and significant community benefit.
Call for Public Comment
The notice explicitly calls for public comments on several key aspects. These include whether the proposed collection is truly necessary for the proper performance of USACE functions and if the information possesses practical utility. Further input is sought on methods to enhance the quality, utility, and clarity of the information to be collected. Importantly, the agency is also interested in ways to minimize the burden on respondents, exploring options like automated collection techniques or other forms of information technology. This open invitation for feedback ensures that the design and implementation of federal data collection align with principles of efficiency, practicality, and public service. All comments must be received by August 24, 2026, and can be submitted via the Federal eRulemaking Portal at www.regulations.gov or by mail to the Department of Defense. This period provides a crucial window for stakeholders to influence how this important federal program collects and utilizes information to protect property and reduce flood risks.
