[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: 33CFR331.1]



[Page 483]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 331_ADMINISTRATIVE APPEAL PROCESS--Table of Contents

 

Sec.  331.1  Purpose and policy.









Sec.

331.1 Purpose and policy.

331.2 Definitions.

331.3 Review officer.

331.4 Notification of appealable actions.

331.5 Criteria.

331.6 Filing an appeal.

331.7 Review procedures.

331.8 Timeframes for final appeal decisions.

331.9 Final appeal decision.

331.10 Final Corps decision.

331.11 Unauthorized activities.

331.12 Exhaustion of administrative remedies.



Appendix A to Part 331--Administrative Appeal Process for Permit Denials 

          and Proffered Permits

Appendix B to Part 331--Applicant Options With Initial Proffered Permit

Appendix C to Part 331--Administrative Appeal Process for Approved 

          Jurisdictional Determinations

Appendix D to Part 331--Process for Unacceptable Request for Appeal



    Authority: 33 U.S.C. 401 et seq., 1344, 1413.



    Source: 65 FR 16493, Mar. 28, 2000, unless otherwise noted.





    (a) General. The purpose of this Part is to establish policies and 

procedures to be used for the administrative appeal of approved 

jurisdictional determinations (JDs), permit applications denied with 

prejudice, and declined permits. The appeal process will allow the 

affected party to pursue an administrative appeal of certain Corps of 

Engineers decisions with which they disagree. The basis for an appeal 

and the specific policies and procedures of the appeal process are 

described in the following sections. It shall be the policy of the Corps 

of Engineers to promote and maintain an administrative appeal process 

that is independent, objective, fair, prompt, and efficient.

    (b) Level of decision maker. Appealable actions decided by a 

division engineer or higher authority may be appealed to an Army 

official at least one level higher than the decision maker. This higher 

Army official shall make the decision on the merits of the appeal, and 

may appoint a qualified individual to act as a review officer (as 

defined in Sec.  331.2). References to the division engineer in this 

Part shall be understood as also referring to a higher level Army 

official when such official is conducting an administrative appeal.