[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: 33CFR331.11]

[Page 483]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 331--ADMINISTRATIVE APPEAL PROCESS--Table of Contents
 
Sec. 331.11  Unauthorized activities.

    Approved JDs, permit denials, and declined permits associated with 
after-the-fact permit applications are appealable actions for the 
purposes of this part. If the Corps accepts an after-the-fact permit 
application, an administrative appeal of an approved JD, permit denial, 
or declined permit may be filed and processed in accordance with these 
regulations subject to the provisions of paragraphs (a), (b), and (c) of 
this section. An appeal of an approved JD associated with unauthorized 
activities will normally not be accepted unless the Corps accepts an 
after-the-fact permit application. However, in rare cases, the district 
engineer may accept an appeal of such an approved JD, if the district 
engineer determines that the interests of justice, fairness, and 
administrative efficiency would be served thereby. Furthermore, no such 
appeal will be accepted if the unauthorized activity is the subject of a 
referral to the Department of Justice or the EPA, or for which the EPA 
has the lead enforcement authority or has requested lead enforcement 
authority.
    (a) Initial corrective measures. If the district engineer determines 
that initial corrective measures are necessary pursuant to 33 CFR 
326.3(d), an RFA for an appealable action will not be accepted by the 
Corps, until the initial corrective measures have been completed to the 
satisfaction of the district engineer.
    (b) Penalties. If an affected party requests, under this Section, an 
administrative appeal of an appealable action prior to the resolution of 
the unauthorized activity, and the division engineer determines that the 
appeal has no merit, the responsible party remains subject to any civil, 
criminal, and administrative penalties as provided by law.
    (c) Tolling of statute of limitations. Any person who appeals an 
approved JD associated with an unauthorized activity or applies for an 
after-the-fact permit, where the application is accepted and processed 
by the Corps, thereby agrees that the statute of limitations regarding 
any violation associated with that approved JD or application is tolled 
until one year after the final Corps decision, as defined at 
Sec. 331.10. Moreover, the recipient of an approved JD associated with 
an unauthorized activity or applicant for an after-the-fact permit must 
also memorialize that agreement to toll the statute of limitations, by 
signing an agreement to that effect, in exchange for the Corps 
acceptance of the after-the-fact permit application, and/or any 
administrative appeal (See 33 CFR 326.3(e)(1)(v)). No administrative 
appeal associated with an unauthorized activity or after-the-fact permit 
application will be accepted until such signed tolling agreement is 
furnished to the district engineer.