Sec. 1008. Structures and facilities constructed by the Secretary
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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: Permission under subsection
(a)for alterations to a Federal levee, floodwall, or flood risk management channel project and associated features may be granted by a District Engineer of the Department of the Army or an authorized representative. 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 paragraph (1), 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). .
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