[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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--
 
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.