§408a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Requires the Secretary to set up a clear, public process for reviewing "section 14 applications" — requests to temporarily or permanently use, alter, or occupy a public work under the Rivers and Harbors Act (33 U.S.C. 408). The Secretary had to create that process within one year after June 10, 2014, after giving notice and asking for public comment. The process must include time goals, used when possible: decide if an application is complete within 15 days of getting it and tell the applicant right away what is missing if it is not; usually approve or deny a finished application within 45 days, but for large or complex projects finish within 180 days. If more than 45 days will be needed, the Secretary must send a written notice with an estimated completion time. If the Secretary misses the required time, they must give a written explanation saying why, what extra steps are needed, and how long more it will take. Copies of such notices must go to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure. The Secretary must keep an online public list of all section 14 applications and their status, issue guidance within 120 days after December 16, 2016, and prioritize completing these duties.

Title 33, §408a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section, the term “section 14 application” means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act of March 3, 1899 (commonly known as the “Rivers and Harbors Appropriation Act of 1899”) (33 U.S.C. 408).

(b)Not later than 1 year after June 10, 2014, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner.

(c)(1)In carrying out subsection (b), the Secretary shall—

(A)establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete;

(B)establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and

(C)to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner.

(2)(A)To the extent practicable, the benchmark goals established under paragraph (1) shall provide that—

(i)the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and

(ii)if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application.

(B)To the extent practicable, the benchmark goals established under paragraph (1) shall provide that—

(i)the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and

(ii)in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary generally approve or disapprove the application not later than 180 days after the date of receipt of the completed application.

(3)In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall—

(A)provide written notification to the applicant; and

(B)include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review.

(d)In any case in which the Secretary fails make 11 So in original. Probably should be preceded by “to”. a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of—

(1)why the Secretary failed to make a decision in accordance with such process;

(2)the additional actions required before the Secretary will issue a decision; and

(3)the amount of time the Secretary will require to issue a decision.

(e)(1)The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(2)The Secretary shall maintain a publicly available database, including on the Internet, on—

(A)all section 14 applications received by the Secretary; and

(B)the current status of such applications.

(f)(1)Not later than 120 days after December 16, 2016, the Secretary shall issue guidance on the implementation of this section.

(2)In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under section 408 of this title, the Secretary shall incorporate the requirements under this section.

(g)The Secretary shall prioritize and complete the activities required of the Secretary under this section.

Editorial Notes

Amendments

2016—Subsecs. (f), (g). Pub. L. 114–322 added subsecs. (f) and (g).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§408a Expediting approval of modifications and alterations of projects by non-Federal interests

Summary

Title 33, §408a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Citations & Metadata