AMWA submitted a comment letter to the U.S. Army Corps of Engineers (USACE) on April 4 in response to a recently released draft Engineer Circular (EC) that will be used as a policy document for how the agency should review and process requests seeking approvals to alter USACE civil works projects. Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408), more commonly referred to as Section 408, provides that the Secretary of the Army may grant permission for an alteration of a public works project when it is determined that such work “will not be injurious to the public interest and will not impair the usefulness of such work.”
AMWA commended USACE for its emphasis on concurrent coordination between USACE offices and agency actions, as well as the agency’s commitment to encouraging the districts to adopt and/or incorporate any NEPA documentation that already exists. AMWA agreed that taking these actions would help to decrease regulatory burden, avoid unnecessary duplication and confusion, and help to achieve USACE’s goals for timely and efficient reviews of Section 408 requests.
AMWA requested the agency define expectations and requirements for Section 408 reviews by clearly identifying when work would trigger a review under 33 U.S.C. 408. AMWA also encouraged USACE to continue improving coordination within the agency and to review submittals in a consistent manner among USACE districts.