Browse Arkansas Code titles and sections
33 U.S.C. § 408a — Expediting approval of modifications and alterations of projects by non-Federal interests
Federal law — U.S. Code and appendices · legal_authorities
**(a) Section 14 application defined** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim)).
**(b) Review** 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) Benchmark goals**
(1) **Establishment of benchmark goals** — 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) **Benchmark goals**
(A) *Benchmark goals for determining whether section 14 applications are complete* — 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 Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 408a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 9ae34feff238644f4c4458cb69584cd3d220c9a95b035a52a56af9d2b9eb64f5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_57bc0ecf2c70d8c9cb5b0a7a
Source file: Laws/federal/codes/united-states-code/title-33/section-408a-expediting-approval-of-modifications-and-alterations-of-projects-by-non--ba8c89f9e2.md
Pages: Not recorded – Not recorded
Passage SHA-256: 964e71f1f883733bb79cfd17be6cef8ef0b569ff9f8f465293ce2878bafa371b
Source location: Title 33, Chapter 9, § 408a; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md
Stored source content
**(a) Section 14 application defined** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim)).
**(b) Review** 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) Benchmark goals**
(1) **Establishment of benchmark goals** — 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) **Benchmark goals**
(A) *Benchmark goals for determining whether section 14 applications are complete* — 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) *Benchmark goals for reviewing completed applications* — 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) **Notice** — 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) Failure to achieve benchmark goals** 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) Notification**
(1) **Submission to Congress** — 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) **Public availability** — 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) Guidance**
(1) **In general** — Not later than 120 days after December 16, 2016, the Secretary shall issue guidance on the implementation of this section.
(2) **Incorporation** — In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under [section 408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim), the Secretary shall incorporate the requirements under this section.
**(g) Prioritization** The Secretary shall prioritize and complete the activities required of the Secretary under this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibitions and permissions** It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work.
**(b) Concurrent review**
(1) **NEPA review**
(A) *In general* — In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), review and approval of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 408
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 50
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 407a
Executive Documents
EXECUTIVE ORDER NO. 11574
Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, which
provided for administration of a permit program to reg-
ulate discharge of pollutants and other refuse matter
into navigable waters or their tributaries and place-
ment of such matter on their banks, was revoked by
Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§ 407a. Deposit of debris of mines and stamp
works
In places where harbor-lines have not been es-
tablished, and where deposits of debris of mines
or stamp works can be made without injury to
navigation, within lines to be established by the
Secretary of the Army, said officer may, and is
authorized to, cause such lines to be established;
and within such lines such deposits may be
made, under regulations to be from time to time
prescribed by him.
(Aug. 5, 1886, ch. 929, § 2, 24 Stat. 329; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Sec-
retary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en-
acted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued Department of the Army under ad-
ministrative supervision of Secretary of the Army.
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary of the
Army and other offices and officers of Department of
the Army under section 401 of this title to extent that
they relate generally to location and clearances of
bridges and
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 408
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 408. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 52
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 408a
1 So in original. Probably should be preceded by ‘‘to’’.
§ 408a. Expediting approval of modifications and
alterations of projects by non-Federal inter-
ests
(a) Section 14 application defined
In this section, the term ‘‘section 14 applica-
tion’’ means an application submitted by an ap-
plicant 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) Review
Not later than 1 year after June 10, 2014, the
Secretary, after providing notice and an oppor-
tunity for comment, shall establish a process for
the review of section 14 applications in a timely
and consistent manner.
(c) Benchmark goals
(1) Establishment of benchmark goals
In carrying out subsection (b), the Secretary
shall—
(A) establish benchmark goals for deter-
mining the amount of time it should take
the Secretary to determine whether a sec-
tion 14 application is complete;
(B) establish benchmark goals for deter-
mining 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 sec-
tion 14 applications in a timely and con-
sistent manner.
(2) Benchmark goals
(A) Benchmark goals for determining wheth-
er section 14 applications are complete
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 com-
plete not later than 15 days after the date
of rece
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 408a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.