The Section 408 review is funded through the USACE Civil Works appropriation. Non-Federal Sponsor refers to a non-federal interest, as defined in the Flood Control Act of 1970, as amended (d-5b(b)), that has provided assurances or executed a binding agreement for the provision of items of local cooperation for a USACE project, including, as applicable, operation and maintenance. The consultant or agent is not the Requester. A request for a Section 408 permission may originate from a Non-Federal Sponsor or an independent entity. Requester refers to an entity, other than USACE, that is requesting permission to alter a USACE Civil Works project. Proposed navigation alterations for which federal assumption of operation and maintenance under Section 204(f) of Water Resources Development Act of 1986, as amended, is also being sought.Proposed alterations that change how the USACE Civil Works project will meet its authorized purpose.Coordination with the division Chief of Planning is required prior to the final Section 408 decision. Proposed alterations that affect the formulation, evaluation, or selection of alternatives for a current study under the Investigations account or other USACE study.A decision on a Section 408 request is separate from any decision on potential credit for in-kind contributions. Proposed alterations for which the Non-Federal Sponsor for a USACE project is seeking potential credit under Section 221 of the Flood Control Act of 1970, as amended.Coordination and concurrence with the division Dam Safety Officer and the division Hydropower Coordinator is required prior to the final Section 408 decision. Proposed alterations for the installation of hydropower facilities.Proposed alterations that require a Safety Assurance Review (SAR)/Type II Independent External Peer Review (IEPR).Section 408 requests that require USACE Southwestern Division Commander review and decision are: What Type of Section 408 Submittal Requires USACE Southwestern Division R eview and Decision ? The Fort Worth District Commander, or the Commander’s designee, has the authority to render decisions on Section 408 requests for alterations to USACE Civil Works projects that do not require review and decision by the USACE Southwestern Division Commander. An alteration refers to any action by an entity, other than the USACE, that builds upon, alters, improves, moves, obstructs, occupies, or otherwise affects the usefulness, or structural or ecological integrity of an existing USACE Civil Works project.Ī Section 408 review consists of a multi-disciplined engineering, environmental, real estate, and legal evaluation. Section 408 provides that the Secretary of the Army, upon the recommendation of the Chief of Engineers, may grant permission for the permanent or temporary alteration or use of any USACE Civil Works project, when in the judgment of such occupation or use that alteration will not be injurious to the public interest and will not impair the usefulness of such work. Section 14 of the Rivers and Harbors Appropriation Act of 1899, as amended, and codified in 33 USC 408 (Section 408). This webpage describes the process for review and approval of requests to modify, alter, or occupy an existing USACE Civil Works project. These USACE federally authorized Civil Works projects represent a diverse range of the USACE water resources mission: Flood Risk Management, Streambank Protection, Ecosystem Restoration, and Multi-purpose Lakes. Army Corps of Engineers (USACE) Fort Worth District has constructed numerous Civil Works projects throughout Texas.
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