[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR321.3]



[Page 405]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 321_PERMITS FOR DAMS AND DIKES IN NAVIGABLE WATERS OF THE UNITED 

STATES--Table of Contents

 

Sec.  321.3  Special policies and procedures.



    The following additional special policies and procedures shall be 

applicable to the evaluation of permit applications under this 

regulation:

    (a) The Assistant Secretary of the Army (Civil Works) will decide 

whether DA authorization for a dam or dike in an interstate navigable 

water of the United States will be issued, since this authority has not 

been delegated to the Chief of Engineers. The conditions to be imposed 

in any instrument of authorization will be recommended by the district 

engineer when forwarding the report to the Assistant Secretary of the 

Army (Civil Works), through the Chief of Engineers.

    (b) District engineers are authorized to decide whether DA 

authorization for a dam or dike in an intrastate navigable water of the 

United States will be issued (see 33 CFR 325.8).

    (c) Processing a DA application under section 9 will not be 

completed until the approval of the United States Congress has been 

obtained if the navigable water of the United States is an interstate 

waterbody, or until the approval of the appropriate state legislature 

has been obtained if the navigable water of the United States is an 

intrastate waterbody (i.e., the navigable portion of the navigable water 

of the United States is solely within the boundaries of one state). The 

district engineer, upon receipt of such an application, will notify the 

applicant that the consent of Congress or the state legislature must be 

obtained before a permit can be issued.