KANSAS CITY, Mo.— The Kansas City District is currently developing internal business processes to implement a new policy for requests to alter or occupy district authorized civil works projects. This includes the development of categorical permissions to address the most common requests.
On July 31, the U.S. Army Corps of Engineers published Engineer Circular 1165-2-216, “Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408.” The document provides the implementation guidance for the Corps of Engineers to review and, if warranted, to grant permission for alterations to federally authorized civil works projects as authorized in Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408. Section 408 authorizes the Secretary of the Army, acting through the U.S. Army Corps of Engineers, to grant permission for activity resulting in the alteration of a federal project when assessments determine that the activity will not impair the usefulness of the project and will not be injurious to the public interest.
The guidance makes clear that, when Section 408 permission is required, the permission must be granted prior to the granting of a Regulatory Program Section 10 and/or Section 404 permit. Additionally, the National Environmental Policy Act is applicable to Section 408 applications.
The local processes will be announced when they are complete.
A copy of EC 1165-2-216 may be downloaded electronically at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerCirculars/EC_1165-2-216.pdf
For further information on this guidance or the Section 408 process, please contact the Kansas City District Section 408 Coordinator by calling (816) 389-3215. Media should contact the Public Affairs Office at (816) 389-3486.
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Release no. PA-2014-48