Through the Civil Works program, the U.S. Army Corps of Engineers serves the public by providing the Nation with quality and responsive management of the Nation’s water resources. As a result, the Corps, in partnership with stakeholders, has constructed many civil works projects across the nation’s landscape. Given the widespread locations of these projects, many embedded within communities, over time there may be a need for others outside of the Corps to alter or occupy these projects and their associated lands. Reasons for alterations could include improvements to the projects; relocation of part of the project; or installing utilities or other non-project features.
In order to ensure that these projects continue to provide their intended benefits to the public, Congress mandated that any use or alteration of a civil works project by another party is subject to the approval of the Corps. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899.
Section 408 provides that the Corps may grant permission for another party to alter a civil works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the civil works project.