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WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-KS) and U.S. Representative Roger Marshall, M.D. (KS-01) today sought answers from the Assistant Secretary of the Army for Civil Works regarding a project that would help bring high-speed broadband service to the Hillsboro community which has been negatively impacted by the Army Corps of Engineers’ non-recreational outgrant policy.

The City of Hillsboro recently collaborated with TCT, a Council Grove-based telecommunications company, on a fiber optic project that would route the cable across Army Corps land at Marion Lake and would require permission from the Corps. However, TCT recently had to change the route of the cable to avoid Army Corps-owned land due to requirements within the outgrant policy that would have caused significant delays and added expenses to the critical broadband project.

“Social distancing guidelines during the COVID-19 pandemic have caused increased reliance on distance healthcare, learning, and employment, including in rural communities,” wrote Sen. Moran and Rep. Marshall. “Projects to increase availability and quality of broadband for rural areas across the country are critical to keep these populations connected and economically viable.”

To help clarify the Corps’ current policy and prevent delays to future projects, Sen. Moran and Rep. Marshall asked the following questions:

  1. What specific considerations are undertaken when the Army Corps decides whether there is a “viable alternative” to a proposed project? Is increased cost to the applicant considered? If not, please explain.
  2. Are there certain categories of projects, including those that have economic development impacts for the surrounding communities, which receive special treatment in these considerations? If not, please explain.
  3. In determining how a proposed project would provide a “direct benefit to the government,” how does the Army Corps consider and develop such requests of the applicant?
  4. When determining the impact and necessity of an environmental assessment to be conducted by an applicant, is the size and scope of the project considered? Are smaller projects with a less potential environmental impacts required to complete a less intensive environmental assessment?
  5. Please give a general and complete timeline of the Army Corps’ application process for a non-recreational outgrant application, from first contact with an applicant to final approval, with time estimates.

The full letter can be found here or below.

Assistant Secretary James,

Social distancing guidelines during the COVID-19 pandemic have caused increased reliance on distance healthcare, learning, and employment, including in rural communities. Projects to increase availability and quality of broadband for rural areas across the country are critical to keep these populations connected and economically viable.

The City of Hillsboro, Kansas, has partnered with TCT, a Council Grove, Kansas-based telecommunications company, to build a new fiber optic project that would provide high-speed fiber connectivity to the City and the surrounding communities. Originally, TCT proposed crossing Army Corps-owned land at Marion Lake with a fiber optic cable, as this route was the most economically and geographically efficient route. For TCT’s proposal to move forward, the Army Corps would need to approve the City and TCT’s non-recreational outgrant application for this project. However, due to substantial delays that complying with the Army Corps’ non-recreational outgrant policy would have caused, TCT has decided to move forward without applying for an easement on Army Corps-owned property, causing this critical broadband infrastructure project to spend vital time, money, and resources to avoid Army Corps-owned land.

The Army Corps’ non-recreational outgrant development policy (ER 1130-2-550) states that for a project to be approved, there must either be “no viable alternative” to the proposed project, or the project must be a “direct benefit to the government.” After meeting one of these minimum qualifications, an environmental assessment must be completed, also at the expense of the applicant, to the satisfaction of the Army Corps. Even after a costly and time-consuming environmental assessment has been completed, there is a chance that the project may not be approved, leaving the applicant’s project with added costs and significant delays.

Please respond to the following questions regarding the Army Corps non-recreational outgrant development policy:

  1.  What specific considerations are undertaken when the Army Corps decides whether there is a “viable alternative” to a proposed project? Is increased cost to the applicant considered? If not, please explain.
  2.  Are there certain categories of projects, including those that have economic development impacts for the surrounding communities, which receive special treatment in these considerations? If not, please explain.
  3. In determining how a proposed project would provide a “direct benefit to the government,” how does the Army Corps consider and develop such requests of the applicant?
  4.  When determining the impact and necessity of an environmental assessment to be conducted by an applicant, is the size and scope of the project considered? Are smaller projects with a less potential environmental impacts required to complete a less intensive environmental assessment?
  5.  Please give a general and complete timeline of the Army Corps’ application process for a non-recreational outgrant application, from first contact with an applicant to final approval, with time estimates.

The importance of rural telecommunications infrastructure cannot be overstated during the COVID-19 pandemic. This project would provide critical high speed broadband access not just to Hillsboro, but also the other rural communities that would be served by this fiber optic loop, and delays to similar projects should be avoided. Thank you for urgently clarifying the Army Corps’ policy regarding non-recreational outgrant applications.

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