Sec. 1008. Structures and facilities constructed by the Secretary
396 words·~2 min read·
/bill/114/s/2848/es/section-1008A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 14 of the Act of March 3, 1899 ( 33 U.S.C. 408 ) (commonly known as the Rivers and Harbors Act of 1899 ), is amended— by striking That it shall not be lawful and inserting the following: It shall not be lawful ; and by adding at the end the following: 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 et seq. ), review and approval under this section shall, to the maximum extent practicable, occur concurrently with any review and decisions made under that Act.
If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Chief of Engineers shall, to the maximum extent practicable— participate in the review as a cooperating agency (unless the Chief of Engineers does not intend to submit comments on the project); and adopt and use any environmental document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) by the lead agency to the same extent that a Federal agency could adopt or use a document prepared by another Federal agency under— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
In any case in which the Secretary of the Army is required to approve an action under this section and under another authority, including sections 9 and 10 of this Act, section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ), and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413 ), the Secretary shall— coordinate the reviews and, to the maximum extent practicable, carry out the reviews concurrently; and adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if the document, as determined by the Secretary, is current and applicable.
The Secretary of the Army may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States. .
Connectionstraces to 4
Citation graph
cites case law
Sec. 1008
Structures and facilities constructed by the Secretary
Cites 4Cited by 0 across 0 sources