[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: 33CFR337.7]

[Page 587-588]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 337--PRACTICE AND PROCEDURE--Table of Contents
 
Sec. 337.7  Emergency actions.

    After obtaining approval from the division engineer, the district 
engineer will respond to emergency situations on an expedited basis, 
complying with the procedures of this regulation to the

[[Page 588]]

maximum degree practicable. The district engineer will issue a public 
notice describing the emergency in accordance with Sec. 337.1, if such a 
notice is practicable in view of the emergency situation; such a public 
notice should be forwarded to all appropriate Federal and state 
agencies. The district engineer should prepare a section 404(b)(1) 
evaluation report and, as necessary, an environmental assessment, if 
this is practicable in view of the emergency situation. If comments are 
received from the public notice which, in the judgment of the district 
engineer, reveal the necessity of modifying the emergency operation, the 
district engineer should take appropriate measures to modify the 
emergency operation to reduce, avoid, or minimize adverse environmental 
impacts. If the district engineer, after receiving comments from the 
public notice, determines that the emergency action would constitute a 
major Federal action significantly affecting the quality of the human 
environment, he should, after consultation with the division engineer, 
coordinate with the Council on Environmental Quality about alternative 
arrangements for compliance with the NEPA in accordance with 40 CFR 
1506.11 to the extent that it is practicable in view of the emergency 
situation. District engineers should consult with the appropriate state 
officials to seek water quality certification or waiver of 
certification, and should certify that the Federal action is consistent 
to the maximum extent practicable with an approved coastal zone 
management plan for emergency activities, to the extent that is 
practicable in view of the emergency.