PUBLIC NOTICE: REQUEST FOR PERMISSION TO ALTER A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408
TITLE: Santa Fe Indian School – Pueblo Education Network (408-SPA-2025-007)
PUBLIC NOTICE COMMENT PERIOD:
Begins: August 18, 2025
Ends: September 17, 2025
REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Santa Fe Indian School (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) to potentially alter the Middle Rio Grande Flood Protection Bernalillo to Belin New Mexico project, a proposed federal flood risk management project authorized by the Water Resources Development Act of 1986. The Middle Rio Grande Conservancy District is the non-federal sponsor for the Middle Rio Grande Flood Protection Bernalillo to Belin New Mexico project.
LOCATION: The Santa Fe Indian School – Pueblo Education Network project is a 324-mile-long cable installation project, a portion of which would be crossing under the Rio Grande within the Pueblo of Isleta, Bernillo and Valencia Counties, at approximately Latitude 34.906215°, Longitude -106.685243°.
REQUESTER’S PROPOSED ACTON: The subject portion of the Santa Fe Indian School – Pueblo Education Network project is a river bore crossing that would include approximately 1,274 linear feet of 6-inch-diameter high density polyethylene (HDPE) SDR 6.5 conduit. The proposed alignment is located between existing power poles and the back of the curb along New Mexico Highway 147, within a previously disturbed corridor. Bore pits (approximately 5-feet wide by 4 to 5-feet deep) would be established on each side of the river to guide and contain directional drilling operations. The depth of the bore would vary between 20 and 30 feet based on geo-technical soil studies. Drilling fluids, primarily water and bentonite clay, would be recycled onsite using a mud reclamation system, with all spoils managed in coordination with the Pueblo of Isleta.
ENVIRONMENTAL IMPACTS OF PROPOSED ACTION:
This activity will be completed using trenchless directional boring techniques designed to minimize disturbance to the river and its banks. After completion, the bore would be stabilized with bentonite, and conduit would be pulled through in a continuous operation to maintain borehole integrity. Final infrastructure would include handhole access points at each end of the crossing.
Section 7 of the Endangered Species Act
To comply with Section 7 of the Endangered Species Act (ESA), the National Telecommunications and Information administration (NTIA), who is the lead federal agency for the project, made determinations that the proposed project “may affect, is not likely to adversely affect” the endangered New Mexico meadow jumping mouse (Zapus hudsonius luteus), the endangered southwestern willow flycatcher (Empidonax traillii extimus), the endangered Rio Grande silvery minnow (Hybognathus amarus), the threatened Pecos sunflower (Helianthus paradoxus), and the threatened western yellow-billed cuckoo (Coccyzus americanus). The lead agency initiated informal consultation with the United States Fish and Wildlife Service (USFWS) under Section 7 of the ESA for effects to the federally listed species, and the USFWS issued their concurrence with their effects determinations for these species on May 20, 2024.
Section 106 of the National Historic Preservation Act
Potentially eligible cultural resources may be affected by the proposed project. The NTIA (lead agency) initiated consultation with the State Historic Preservation Officer (SHPO) and completed a Programmatic Agreement which was signed by the SHPO as well as the Advisory Council on Historic Preservation (ACHP), the Pueblo of Acoma, Pueblo of Isleta, Pueblo of Zuni, and the Navajo Nation Ramah Chapter.
AUTHORITY: The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 U.S.C. 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of Army’s authority under Section 408 has been delegated to the USACE, Chief of Engineers. The USACE Chief of Engineers has further delegated the authority to the USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity.
LIMITS OF SECTION 408 AUTHORITY: A requester has the responsibility to acquire all other permissions or authorizations required by federal, state, and local laws or regulations, including any required permits from the USACE Regulatory Program under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. Section 1344). In addition, an approval under Section 408 does not grant any property rights or exclusive privileges nor does it authorize any injury to the property or rights of others.
EVALUATION FACTORS: The decision whether to grant the requested permission for project alteration under Section 408 will be based on several factors. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. Review of requests for alteration will be reviewed by a USACE technical review team considering the following factors:
1) Impair the Usefulness of the Project Determination. The review team will determine if the proposed alteration would limit the ability of the USACE project to function as authorized, or would compromise or change any authorized project conditions, purposes or outputs. In order for an alteration to be approved, the requester must demonstrate that the alteration does not impair the usefulness of the federally authorized project.
2) Injurious to the Public Interest Determination. Proposed alterations will be reviewed to determine the probable impacts, including cumulative impacts, on the public interest. Factors that may be relevant to the public interest evaluation depend upon the type of USACE project being altered and the nature of the proposed alteration and may include, but are not limited to, such things as conservation, economic development, historic properties, cultural resources, environmental impacts, water supply, water quality, flood hazards, floodplains, residual risk, induced damages, navigation, shore erosion or accretion, and recreation. This evaluation will consider information received from the interested parties, including tribes, agencies, and the public. The benefits that reasonably may be expected to accrue from the proposal must be compared against its reasonably foreseeable detriments. The decision whether to approve an alteration will be determined by the consideration of whether benefits are commensurate with risks and by the net impact of the alteration on the public interest using the public interest factors.
3) Environmental Compliance. A decision on a Section 408 request is a federal action, and therefore subject to the National Environmental Policy Act (NEPA) and other environmental compliance requirements. While USACE is responsible for ensuring environmental compliance, the requester is responsible for providing all information that the Albuquerque District identifies as necessary to satisfy all applicable federal laws, executive orders, regulations, policies, and procedures. NEPA and other analysis completed to comply with other environmental statutes (e.g. Endangered Species Act) should be commensurate with the scale and potential effects of the activity that would alter the USACE project. The Albuquerque District will work with the requester to determine the requirements, which will be scaled to the likely impacts of the proposed alteration and should convey the relevant considerations and impacts in a concise and effective manner.
PUBLIC INVOLVEMENT: The purpose of this notice is to solicit comments from the public; federal, state, and local agencies and officials; tribes; and other interested parties regarding the Santa Fe Indian School – Pueblo Education Network project, a proposed alteration to a proposed federally authorized project. Comments received within 30 days of publication of this notice will be used in the evaluation of potential impacts of the proposed action on important resources and in the evaluation of whether the proposed alteration would be injurious to the public interest and/or would impair the usefulness of the proposed federal project. Only the specific activities that have the potential to occupy, use or alter the Middle Rio Grande Flood Protection Bernalillo to Belin New Mexico proposed federal project will be evaluated. Please limit comments to the area of the alteration and those adjacent areas that would be directly or indirectly affected by the alteration to the Middle Rio Grande Flood Protection Bernalillo to Belin New Mexico proposed federal project. Please note that all comment letters received are subject to release to the public through the Freedom of Information Act.
SUBMITTING COMMENTS: Written comments, referencing Department of the Army file number 408-SPA-2025-007 must be submitted to the office listed below on or before Sept. 17, 2025.
S. Brad Crosson, Section 408 Coordinator, Regulatory Division, Albuquerque District
Email: CESPA-408@usace.army.mil
Attachments:
1) Proposed Project Vicinity Map
2) Project Map