The following WaterWire story provides a high-level overview of the U.S. Army Corps of Engineers New York-New Jersey Harbor and Tributaries Study, also known as ‘NYNJHATS” or “HATS.”

Who is the U.S. Army Corps of Engineers?

The mission of the U.S. Army Corps of Engineers (“Corps”) is to provide public engineering services and “deliver vital engineering solutions, in collaboration with our partners, to secure our Nation, energize [the] economy, and reduce disaster risk.”[1]

The Corps’ role in protecting the country’s water resources and disaster risk has evolved over time. Their first formal disaster relief mission was during the Mississippi Flood of 1882, when it supported efforts to rescue people and property. In the 1880s and 1890s, Congress directed the Corps to prevent dumping and filling in the nation’s harbors. In the Rivers and Harbors Act of 1899, Congress gave the Corps the authority to regulate most kinds of obstructions to navigation, including hazards resulting from effluents.

To date, the Corps has been involved in a host of projects and studies related to water resources and the environment, including navigation, flood risk management, recreation, shore protection, dam safety, water supply, and hydroelectric power.

What is the New York-New Jersey Harbor and Tributaries Study?

Coastal storms have severely impacted the North Atlantic coast of the United States, including the New York-New Jersey harbor region. In response to these storms, the U.S. Army Corps of Engineers is investigating measures to manage future flood risk “in ways that support the long-term resilience and sustainability of the coastal ecosystem and surrounding communities, and reduce the economic costs and risks associated with flood and storm events.”[2]

In response to Hurricane Sandy, President Obama signed into law the Disaster Relief Appropriations Act of 2013 to assist in the recovery in the aftermath of Hurricane Sandy. The Corps’ North Atlantic Division was authorized by this law to commence the North Atlantic Coast Comprehensive Study to investigate coastal storm risk management strategies for areas impacted by the storm.

In January 2015, the Corps completed the North Atlantic Coast Comprehensive Study, which identified high-risk areas on the Atlantic Coast warranting further investigation for flood risk management solutions. One of the areas identified was the New York-New Jersey Harbor area, which is how NYNJHATS emerged.

The purpose of this study is to “determine the feasibility of constructing a technically feasible, environmentally acceptable, and economically justified project that will manage coastal storm risk while supporting the study area’s economic and community resilience.”

Who Else is Involved in the Study?

The USACE New York District, in partnership with the New York State Department of Environmental Conservation (NYSDEC) and the New Jersey Department of Environmental Protection (NJDEP) as the nonfederal sponsors, are undertaking this study. The Feasibility Cost Sharing Agreement was executed on July 15, 2016, between the USACE New York District, the NYSDEC, and NJDEP. In addition, the New York City Mayor’s Office of Climate and Environmental Justice (MOCEJ) and the New York State Department of State (NYSDOS) are nonfederal partners.

Other cooperating federal agencies include U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (USFWS), U.S. Coast Guard (USCG), National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), and the National Park Service (NPS). A cooperating agency is any federal agency which has jurisdiction or special expertise with respect to any environmental impact involved in a proposal.

Does This Go Beyond Just a Study? If So, How?

The Corps Civil Works planning process follows a standard approach to identify potential water resource solutions in order to ensure potential federal projects comply with applicable laws and guidance.

The Corps goes through a six-step planning process with the goal of selecting what’s known as a “tentatively selected plan” or “TSP.” The six steps (1) include identifying water resource problems and opportunities, (2) inventory and forecast of existing and future conditions, (3) plan formulation, (4) plan evaluation, (6) plan comparison, and finally (6) plan selection.

This planning process led to the development of five different alternatives, of which one is selected as the TSP. The five alternatives include different in-water measures, land-based or shoreline-based measures, geographies covered, costs, and construction time.

In August 2022, the Corps landed on Alternative 3B as their tentatively selected plan for the study, which includes both in-water measures (storm surge barriers) and land-based measures (dunes, dikes, and levees). The estimated construction time is 14 years with a $52.7 billion cost.

The figure below depicts each of the additional alternatives the Corps evaluated and where they land on the in-water vs. land-based measure gradient. Alternative 2, for example, includes one massive storm surge barrier (in-water measure) that connects from Sandy Hook, New Jersey to Breezy Point, Queens (on the Rockaway Peninsula) and a similar surge barrier enclosure along the East River just west of the Throgs Neck. At the opposite end of the gradient is Alternative 5, which includes only land-based measures and no large, in-water structures.

 

For a more thorough breakdown of all the alternatives, visit the Corps’  Integrated Feasibility Report and Tier 1 Environmental Impact Statement (EIS), from page 160 to page 170.

The Integrated Feasibility Report and Tier 1 EIS is developed by the Corps to evaluate potential environmental impacts. Following this Integrated EIS is the Final Tier 1 EIS. The Final Tier 1 is a broad level review.

The current NYNJHATS schedule anticipates a Final Tier 1 EIS in January 2024 and a Chief of Engineers Report (“Chief’s Report”) to be completed in June 2024. The Chief’s Report is a culmination of the Corps’ response to public comments and the Final Tier 1 EIS, which is shared with Congress for approval. The timeline below shows this process in more detail.

 

 

Going back to the TSP, as the name suggests, the plan is “tentative,” meaning there is opportunity for the public to weigh in and help shape or alter the plan.

It should also be noted that just because a plan is selected does not mean it has been funded. There have been several articles and news reports about the Corps’ “$52.7 billion project” for New York and New Jersey. The estimated cost of the tentatively selected plan (Alternative 3B) is $52.7 billion, but not a dollar of that funding has been authorized by Congress.

Large Corps infrastructure projects are typically funded in pieces, rather than all together.

How are Waterfront Alliance and Rise to Resilience Involved?

Waterfront Alliance and the Rise to Resilience Coalition, since its inception, have been at the forefront of advocacy for stronger community engagement, an iterative approach, and holistic solutions that includes green, grey, and non-structural solutions.

There is no silver bullet solution to addressing flood risk in the New York-New Jersey harbor, which is why Waterfront Alliance and the Coalition opposed Alternative 2. A massive storm surge barrier at the mouth of the harbor is not a holistic solution to addressing the multi-hazard flood risks in the region – sea level rise, extreme rainfall, and nuisance flooding.

In a 2018 letter to the USACE New York District Office, Waterfront Alliance put forth recommendations for equity to be the center of the Corps’ alternative selection, increased community engagement, thorough evaluation of nature-based and non-structural solutions, and the inclusion of sea level rise.

In 2019, the funding for NYNJHATS was halted.

Since then, the Coalition has submitted numerous letters and engaged with several members of Congress, local and state governments agencies, and the Corps themselves to reauthorize funding for the study and promote the aforementioned recommendations.

In 2020, with the passage of the Water Resources Development Act of 2020, NYNJHATS was officially reauthorized and the Corps could begin working again, but this time, with a stronger focus on equity, nature, and comprehensive flood risks.

Most recently, the Coalition supported widespread efforts to extend the public comment deadline and create an Environmental and Climate Justice Working Group to partner with the Army Corps on their communication strategy and ensure that there is an ongoing dialogue between the Corps and the community throughout the entire process of this study.

Waterfront Alliance will continue to work with members of the Rise to Resilience Coalition to advocate for a more robust community engagement strategy, prioritization of nature-based solutions, centering environmental justice, and ensuring that the full suite of climate risks is captured in the Corps’ proposed project for the region.

This massive undertaking by organizations and leaders among the Rise to Resilience Coalition should not go unnoticed.

How Can I Be Involved?

This study is extremely technical and complex. Understanding the implications of a storm surge barrier or land-based measure and how it ultimately protects (or fails to protect) from future climate risks is not intuitive.

The first step to getting involved is to attend one of the Army Corps’ public engagement meetings. At these meetings, the Corps presents findings from their study and how they selected the tentatively selected plan.

There are several upcoming public meetings scheduled for February 2023. Some of these meetings are fully virtual, some are exclusively in-person, and others are hybrid. To check the dates and times of these upcoming meetings, visit the Army Corps’ NYNJHATS website and check the left side of the main page. All information about date, time, location, and transportation is available there.

Next, check out the Building Community Expertise: The NY/NJ USACE HATS Teach-In, hosted by Rebuild by Design. This flood infrastructure teach-in is designed to better understand the Army Corps’ proposed plan for flood protection in the New York and New Jersey region. This event features presentations and Q&A sessions with architects, landscape architects, urban designers, academics, coastal engineers, oceanographers, and other experts who help break down the plan.

After completing these two tasks, consider submitting a public comment to the Army Corps with your thoughts and recommendations on the TSP and overall study and project considerations. The first formal public comment period is now open through March 7, 2023. Public comments should be made in writing to:

Mr. Bryce W. Wisemiller, Project Manager
U.S. Army Corps of Engineers New York District,
Programs & Projects Management, Planning Division
Jacob K. Javits Federal Building, Room 17-401
c/o PSC Mail Center
26 Federal Plaza
New York, New York 10278
917-790-8307
[email protected]

OR

Ms. Cheryl R. Alkemeyer, NEPA Lead
U.S. Army Corps of Engineers, New York District,
Programs & Projects Management, Planning Division
Jacob K. Javits Federal Building, Room 17-420
c/o PSC Mail Center
26 Federal Plaza
New York, New York 10278
917-790-8723
[email protected]

This is not the only opportunity for public comments, or to influence the outcomes of the project. There will be additional formal comment periods in the future. Waterfront Alliance and the Rise to Resilience Coalition are also working to ensure there is ongoing dialogue between the Corps and the community between each of the formal comment periods.

Lastly, to stay up to date on the upcoming opportunities for advocacy and engagement, consider subscribing to the Rise to Resilience Newsletter. If you are part of an organization that would like to engage in this effort, consider joining the Rise to Resilience Coalition.

 

 

Resources:

[1] https://www.usace.army.mil/About/Mission-and-Vision/

[2] https://www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/New-York-New-Jersey-Harbor-Tributaries-Focus-Area-Feasibility-Study/