The U.S. Army Corps of Engineers (USACE) Fort Worth District has constructed numerous Civil Works projects throughout Texas. These USACE federally authorized Civil Works projects represent a diverse range of the USACE water resources mission, including Flood Risk Management projects, Ecosystem Restoration projects, and Multi-Purpose Reservoirs. Many of these Civil Works projects have been constructed with the cooperation of non-federal local sponsors.
The authority to grant permission for temporary or permanent alterations to USACE Civil Works projects is contained in Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 (Section 408). Section 408 authorizes the USACE to grant permission to alter a Civil Works project upon a determination that the proposed alteration will not be injurious to the public interest and will not impair the usefulness of the project.
How to Submit a Section 408 Request
Assistance with determining if a proposed activity requires a Section 408 review begins with contacting the Fort Worth District. Early communication with the Fort Worth District, and the non-federal local sponsor who has operation and maintenance responsibilities, is critical to ensure a timely and efficient review. For questions, please contact the Section 408 Coordinator listed on this page.
Engineer Circular 1165-2-220 contains guidance applicable to all types of USACE Civil Works projects that may be tailored for a specific Section 408 request.
In addition to requirements in Engineer Circular 1165-2-220 (see paragraph 11 for basic requirements) the following information is important in ensuring a timely review:
- The first submittal of information should have a cover letter signed by the entity requesting the Section 408 permission
- The letter should identify the agents/consultants that represent the requester
- Description of the proposed alteration of the USACE project
- Draft real estate easement, other instrument, or modification of existing agreements that the sponsor would grant to the requester, if applicable
- Overview figure(s) of the proposed alteration for use in a public notice and for agency coordination, with an aerial background
- Official Species List from the U.S. Fish and Wildlife Service online Information for Planning and Consultation (IPaC) system http://ecos.fws.gov/ipac
- Cultural resources report, if required