33 USC 408 - Taking possession of, use of, or injury to harbor or river improvements

U.S Code last checked for updates: Feb 21, 2025

§ 408.

Taking possession of, use of, or injury to harbor or river improvements

(a)

Prohibitions and permissions

(b)

Concurrent review

(1)

NEPA review

(A)

In general

(B)

Corps of Engineers as a cooperating agency

If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws—

(i)

participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and

(ii)

adopt and use any environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the lead agency to the same extent that a Federal agency could adopt or use a document prepared by another Federal agency under—

(I)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(II)

parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).

(2)

Reviews by Secretary

In any case in which the Secretary must approve an action under this section and under another authority, including sections 401 and 403 of this title, section 1344 of this title, and section 1413 of this title, the Secretary shall—

(A)

coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and

(B)

adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if such document, as determined by the Secretary, is current and applicable.

(3)

Contributed funds

(c)

Review process

(1)

Consistency

(2)

Preapplication meeting

At the request of a non-Federal entity that is planning on submitting an application for permission pursuant to subsection (a), the Secretary shall meet with the non-Federal entity to—

(A)

provide clear, concise, and specific design standards that the non-Federal entity must use in the development of the application;

(B)

recommend, based on coordination with the non-Federal entity, the appropriate number of design packages for submission for the proposed action, and the stage of development at which such packages should be submitted; and

(C)

identify potential concerns or conflicts with such proposed actions.

(3)

Contributed funds

(d)

Timely review

(1)

Complete application

(2)

Decision

On or before the date that is 90 days after the date on which the Secretary receives a complete application for permission under subsection (a), the Secretary shall—

(A)

make a decision on the application; or

(B)

provide a schedule to the applicant identifying when the Secretary will make a decision on the application.

(3)

Notification to Congress

(e)

Work Defined

(Mar. 3, 1899, ch. 425, § 14, 30 Stat. 1152; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat. 315; Pub. L. 114–322, title I, § 1156(a), Dec. 16, 2016, 130 Stat. 1664; Pub. L. 115–270, title I, § 1165, Oct. 23, 2018, 132 Stat. 3797; Pub. L. 118–272, div. A, title I, § 1105, Jan. 4, 2025, 138 Stat. 3001.)

cite as: 33 USC 408