Section 408 is the process that allows alteration to a federally authorized project. The proposed project cannot pose a risk to the public interest and will not impair the usefulness of the federally authorized project. Examples of federally authorized projects include, but are not limited to levees, dams and the federal navigation channel.

This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, codified at 33 United States Code (USC) 408 (Section 408).

Through the Civil Works program, the US Army Corps of Engineers (USACE) serves the public by providing the Nation with quality and responsive management of the Nation’s water resources.  As a result, USACE, 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 USACE 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 USACE.  This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times and is codified at 33 USC 408 (Section 408).

Section 408 provides that USACE 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.

The Requester should review EC 1165-2-220 prior to requesting submitting a section 408. This document provides a clear idea about Section 408 permission’s policies and procedural guidance that the USACE follows. Requesters are responsible for contacting the POC email, preparing and submitting the required technical, real estate, and environmental documentation. A pre-application meeting can be requested to help identify information needs prior to a 408 request submittal. Section 408 requests should come from the non-federal sponsor, and must include the following information (as applicable):

• Statement of No Objection from the Non-Federal Sponsor
• USACE Project and Alteration Description
• Technical Analysis and Design
• Environmental and Cultural Resources Compliance
• Real Estate Requirements
• Operations and Maintenance

A Section 408 Process Guide has been prepared by USACE to assist requesters in preparing their 408 requests.