[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: 33CFR337.8]

[Page 588-589]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 337--PRACTICE AND PROCEDURE--Table of Contents
 
Sec. 337.8  Reports to higher echelons.

    (a) Certain activities involving the discharge of dredged or fill 
material require action by the division engineer or Chief of Engineers. 
Such reports should be prepared in the format described in paragraph (b) 
of this section. Reports may be necessary in the following situations:
    (1) When there is substantial doubt as to the authority, law, 
regulations, or policies applicable to the Federal project;
    (2) When higher authority requests the case be forwarded for 
decision;
    (3) When the state does not concur in a coastal zone consistency 
determination or attempts to concur with conditions or controls;
    (4) When the state denies or unreasonably delays a water quality 
certification or issues the certification with conditions or controls 
not related to maintenance or enforcement of state water quality 
standards or significantly exceeding the Federal standard;
    (5) When the regional administrator has advised the district 
engineer, pursuant to section 404(c) of the CWA, of his intent to 
prohibit or restrict the use of a specified discharge site; or notifies 
the district engineer that the discharge of dredged material in ocean 
waters or territorial seas will not comply with the criteria and 
restrictions on the use of the site established under the ODA; and the 
district engineer determines that the proposed disposal cannot be 
reasonably modified to alleviate the regional administrator's 
objections; and
    (6) When the state fails to grant water quality certification or a 
waiver of certification or concurrence or waiver of coastal zone 
consistency for emergency actions.
    (b) Reports. The report of the district engineer on a project 
requiring action by higher authority should be in letter form and 
contain the following information:
    (1) Justification showing the economic need for dredging.
    (2) The impact on states outside the project area if the project is 
not dredged.
    (3) The estimated cost of agency requirements which exceed those 
necessary in establishment of the Federal standard.
    (4) The relative urgency of dredging based on threat to national 
security, life or property.
    (5) Any other facts which will aid in determining whether to further 
defer the dredging and seek Congressional appropriations for the added 
expense or the need to exercise the authority of the Secretary of the 
Army to maintain navigation as provided by sections

[[Page 589]]

511(a) and 404(t) of the CWA if the disagreement concerns water quality 
certification or other state permits.
    (6) If the disagreement concerns coastal zone consistency, the 
district engineer will follow the reporting requirement of this section 
and Sec. 336.1(b)(9) of this chapter.