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[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Page 46486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19926]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

Policy and Procedural Guidance for Processing Requests To Alter 
US Army Corps of Engineers Civil Works Projects

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

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SUMMARY: The US Army Corps of Engineers (USACE) has issued Engineer 
Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing 
Requests to Alter US Army Corps of Engineers Civil Works Projects 
Pursuant to Section 408. This agency policy document provides the 
policies and procedures related to how USACE will process certain 
requests by others to alter a USACE Civil Works project under Section 
14 of the Rivers and Harbors Act of 1899 (more commonly referred to as 
Section 408). The draft version of this EC was made available for 
public comment from February 5, 2018 to April 6, 2018. USACE reviewed 
and considered all comments received, and revised the EC to reflect 
those comments to the maximum extent possible. The final EC is 
available on the USACE publications website (http://www.publications.usace.army.mil/) and via hyperlink on the USACE 
Section 408 website (http://www.usace.army.mil/Missions/Civil-Works/Section408/). The EC is effective beginning September 10, 2018.

DATES: The EC is applicable beginning September 10, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Tammy Conforti at 202-761-4649, 
email [email protected], or visit http://www.usace.army.mil/Missions/Civil-Works/Section408/.

SUPPLEMENTARY INFORMATION: Section 14 of the Rivers and Harbors Act of 
1899, as amended, and codified in 33 U.S.C. 408 (Section 408) provides 
that the Secretary of the Army may, upon the recommendation of the 
Chief of Engineers, grant permission to other entities for the 
permanent or temporary alteration or use of any USACE Civil Works 
project. This requires a determination by the Secretary that the 
requested alteration will not be injurious to the public interest and 
will not impair the usefulness of the USACE project.
    The draft version of this EC was made available for public comment 
from February 5, 2018 to April 6, 2018 (see 83 FR 5075). The comments 
received on the draft EC are posted at www.regulations.gov in docket 
number COE-2018-0003.
    USACE published Engineer Circular (EC) 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, to update 
processes related to how USACE will review certain requests by others 
to alter a USACE Civil Works project. For example, other entities may 
want to alter a Civil Works project to increase recreational 
opportunities; improve flood risk management; or construct a road, 
transmission line, or pipeline. The purpose of the Section 408 review 
is to ensure that the Congressionally-authorized purpose and benefits 
of the Civil Works project are protected and maintained (e.g., flood 
risk management, navigation, coastal storm damage reduction) and to 
ensure that what is being proposed is not injurious to the public 
interest. An effective and efficient review of proposed alterations to 
Civil Works projects protects taxpayer investments in water resources 
infrastructure, while ensuring compatibility with new infrastructure or 
improvements.
    Process improvements include greater delegation of decisions; 
introduction of a multi-phased review option for incremental reviews; 
timelines for written notifications; and procedures to better align and 
integrate Section 408 with certain reviews conducted by USACE's 
Regulatory Program. Note, the Section 408 database described in the EC 
is undergoing testing and will not be available for use by USACE until 
late calendar year 2018.
    EC 1165-2-220 expires two years from issuance, which provides USACE 
time consider implementation experience to identify any necessary 
clarifications or changes. After two years, EC 1165-2-220 will either 
be revised, rescinded, or converted to an Engineer Regulation, which 
does not expire. Feedback on implementation of EC 1165-2-220 may be 
sent to [email protected].

    Dated: September 5, 2018.
James C. Dalton,
Director of Civil Works.
[FR Doc. 2018-19926 Filed 9-12-18; 8:45 am]
 BILLING CODE 3720-58-P
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