Seattle District Header Image

SEATTLE DISTRICT

Home
Home > Business With Us > Section 408

Point of Contact

Dana Dysart    
Section 408 Program Manager
     
(206) 316-3970 
Dana.M.Dysart@usace.army.mil

Section 408

WHAT IS SECTION 408?
Section 14 of the Rivers and Harbors Appropriation Act of 1899, as amended, and codified in 33 USC 408 (Section 408) provides that the Secretary of the Army may, upon the recommendation of the Chief of Engineers, grant permission to other entities for the permanent or temporary alteration or use of any U.S. Army Corps of Engineers (USACE) Civil Works project. This requires a determination that the requested alteration is “not injurious to the public interest” and will not “affect the USACE project’s ability to meet its authorized purpose.” This means that USACE has the authority to review, evaluate, and approve all alterations that impact federally authorized civil works projects to make sure they are not harmful to the public and still meet the project’s intended purposes mandated by congressional authorization.

HOW DOES SECTION 408 IMPACT YOUR PROJECT?
USACE Civil Works projects include flood risk management, navigation, recreation, and infrastructure and environmental stewardship. Many of these projects support life safety. It is important that the intended functions of these projects are not at risk. Section 408 is intended to ensure proposed alterations to federal projects do not compromise the original purpose of the project or increase life safety risks.

WHAT IS A SECTION 408 REVIEW?
A Section 408 review includes an engineering, environmental, real estate, and legal review to ensure the alteration does not impair the usefulness of the federal project and is not harmful to the public’s interest.

WHAT DOES A SECTION 408 SUBMISSION INCLUDE?
The USACE Engineering Circular (EC) 1165-2-216, Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408, http://www.publications.usace.army.mil/LinkClick.aspx?fileticket=a0W_mB1JqRg%3d&tabid=16426&portalid=76&mid=31387, includes detailed information on the requirements for each submittal.  Please coordinate with the Section 408 program manager for specific information needed regarding your proposed alteration.

HOW ARE SECTION 408 REVIEWS FUNDED?
Funding for a Section 408 review is dependent on the complexity of the alteration. Less complex alterations may be funded by USACE.  Complex alterations may require the review to be funded by the applicant. Please coordinate with the Section 408 program manager to coordinate funding for each request.

COORDINATION WITH REGULATORY
Many Section 408 reviews may also require a Section 10 or 404 permit through USACE Regulatory. USACE Regulatory cannot issue a permit until a Section 408 determination is made, if applicable.

POINT OF CONTACT

Dana Dysart    
Section 408 Program Manager
     
(206) 316-3970 
Dana.M.Dysart@usace.army.mil