[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: 33CFR337.2]

[Page 585-586]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 337--PRACTICE AND PROCEDURE--Table of Contents
 
Sec. 337.2  State requirements.

    The procedures of this section should be followed in implementing 
state requirements.
    (a) District engineers should cooperate to the maximum extent 
practicable with state agencies to prevent violation of Federally 
approved state water quality standards and to achieve consistency to the 
maximum degree practicable with an approved coastal zone management 
program.
    (b) If the state agency imposes conditions or requirements which 
exceed those needed to meet the Federal standard, the district engineer 
should determine and consider the state's rationale and provide to the 
state information addressing why the alternative which represents the 
Federal standard is environmentally acceptable. The district engineer 
will accommodate the state's concerns to the extent practicable. 
However, if a state agency attempts to impose conditions or controls 
which, in the district engineers opinion, cannot reasonably be 
accommodated, the following procedures will be followed.
    (1) In situations where an agency requires monitoring or testing, 
the district engineer will strive to reach an agreement with the agency 
on a data acquisition program. The district engineer will use the 
technical manual ``Management Strategy for Disposal of Dredged Material: 
Contaminant Testing and Controls'' or its appropriate

[[Page 586]]

updated version as a guide for developing the appropriate tests to be 
conducted. If the agency insists on requirements which, in the opinion 
of the district engineer, exceed those required in establishment of the 
Federal standard, the agency will be asked to fund the difference in 
cost. If the agency agrees to fund the difference in cost, the district 
engineer will comply with the request. If the agency does not fund the 
additional cost, the district engineer will follow the guidance in 
paragraph (b) (3) of this section.
    (2) When an agency requires special conditions or implementation of 
an alternative which the Federal standard does not, district engineers 
will proceed as follows: In those cases where the project authorization 
requires a local sponsor to provide suitable disposal areas, disposal 
areas must be made available by a sponsor before dredging proceeds. In 
other cases where there are no local sponsor requirements to provide 
disposal areas, the state or the prospective local sponsor will be 
advised that, unless the state or the sponsor provides suitable disposal 
areas, the added Federal cost of providing these disposal areas will 
affect the priority of performing dredging on that project. In either 
case, states will be made aware that additional costs to meet state 
standards or the requirements of the coastal zone management program 
which exceed those necessary in establishment of the Federal standard 
may cause the project to become economically unjustified.
    (3) If the state denies or notifies the district engineer of its 
intent to deny water quality certification or does not concur regarding 
coastal zone consistency, the project dredging may be deferred. A report 
pursuant to Sec. 337.8 of this section will be forwarded to CECW-D, 
Office of the Chief of Engineers, Washington, DC 20314-1000 for 
resolution.