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DOD/COE RIN: 0710-AB22 Publication ID: Spring 2024 
Title: Policy and Procedures for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408 
Abstract:

Where a party other than the US Army Corps of Engineers (Corps) seeks to use or alter a Civil Works project that the Corps constructed, the proposed use or alteration is subject to the prior approval of the Corps. Some examples of such alterations include an improvement to the project; relocation of part of the project; or installing utilities or other non-project features. This requirement was established in section 14 of the Rivers and Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408). Section 408 provides that the Corps may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project. The Corps is proposing to convert its policy that governs the section 408 program to a binding regulation. This policy, Engineer Circular 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, was issued in September 2018.

The Corps conducted six virtual listening sessions in the summer of 2022 to solicit feedback on the Section 408 program from Section 408 applicants and Non-federal partners.  The feedback was helpful to understanding the challenges, best practices, and future opportunities with the Section 408 program and helped inform development of the proposed rule.  Additional sessions will be conducted once the draft rule is published in the federal register.  The Corps will widely publicize the dates and times of the additional listening sessions to Section 408 applicants, non-federal sponsors and partners by posting on Corps web sites (the Corps HQ web site can be found here:  https://www.usace.army.mil/Missions/Civil-Works/Section408/ ) and utilize existing email distribution lists of interested parties.  

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 33 CFR 350   
Legal Authority: 33 U.S.C. 408   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Virginia Rynk
Department of Defense
U.S. Army Corps of Engineers
Attn: CECW-EC, 441 G Street NW,
Washington, DC 20314
Phone:202 761-4741