[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR325.4]

[Page 424]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 325--PROCESSING OF DEPARTMENT OF THE ARMY PERMITS--Table of Contents
 
Sec. 325.4  Conditioning of permits.

    (a) District engineers will add special conditions to Department of 
the Army permits when such conditions are necessary to satisfy legal 
requirements or to otherwise satisfy the public interest requirement. 
Permit conditions will be directly related to the impacts of the 
proposal, appropriate to the scope and degree of those impacts, and 
reasonably enforceable.
    (1) Legal requirements which may be satisfied by means of Corps 
permit conditions include compliance with the 404(b)(1) guidelines, the 
EPA ocean dumping criteria, the Endangered Species Act, and requirements 
imposed by conditions on state section 401 water quality certifications.
    (2) Where appropriate, the district engineer may take into account 
the existence of controls imposed under other federal, state, or local 
programs which would achieve the objective of the desired condition, or 
the existence of an enforceable agreement between the applicant and 
another party concerned with the resource in question, in determining 
whether a proposal complies with the 404(b)(1) guidelines, ocean dumping 
criteria, and other applicable statutes, and is not contrary to the 
public interest. In such cases, the Department of the Army permit will 
be conditioned to state that material changes in, or a failure to 
implement and enforce such program or agreement, will be grounds for 
modifying, suspending, or revoking the permit.
    (3) Such conditions may be accomplished on-site, or may be 
accomplished off-site for mitigation of significant losses which are 
specifically identifiable, reasonably likely to occur, and of importance 
to the human or aquatic environment.
    (b) District engineers are authorized to add special conditions, 
exclusive of paragraph (a) of this section, at the applicant's request 
or to clarify the permit application.
    (c) If the district engineer determines that special conditions are 
necessary to insure the proposal will not be contrary to the public 
interest, but those conditions would not be reasonably implementable or 
enforceable, he will deny the permit.
    (d) Bonds. If the district engineer has reason to consider that the 
permittee might be prevented from completing work which is necessary to 
protect the public interest, he may require the permittee to post a bond 
of sufficient amount to indemnify the government against any loss as a 
result of corrective action it might take.