[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: 33CFR325.8]

[Page 436-437]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 325_PROCESSING OF DEPARTMENT OF THE ARMY PERMITS--Table of Contents
 
Sec.  325.8  Authority to issue or deny permits.

    (a) General. Except as otherwise provided in this regulation, the 
Secretary of the Army, subject to such conditions as he or his 
authorized representative may from time to time impose, has authorized 
the Chief of Engineers and his authorized representatives to issue or 
deny permits for dams or dikes in intrastate waters of the United States 
pursuant to section 9 of the Rivers and Harbors Act of 1899; for 
construction or other work in or affecting navigable waters of the 
United States pursuant to section 10 of the Rivers and Harbors Act of 
1899; for the discharge of dredged or fill material into waters of the 
United States pursuant to section 404 of the Clean Water Act; or for the 
transportation of dredged material for the purpose of disposing of it 
into ocean waters pursuant to section 103 of the Marine Protection, 
Research and Sanctuaries Act of 1972, as amended. The authority to issue 
or deny permits in interstate navigable waters of the United States 
pursuant to section 9 of the Rivers and Harbors Act of March 3, 1899 has 
not been delegated to the Chief of Engineers or his authorized 
representatives.
    (b) District engineer's authority. District engineers are authorized 
to issue or deny permits in accordance with these regulations pursuant 
to sections 9 and 10 of the Rivers and Harbors Act of 1899; section 404 
of the Clean Water Act; and section 103 of the Marine Protection, 
Research and Sanctuaries Act of 1972, as amended, in all cases not 
required to be referred to higher authority (see below). It is essential 
to the legality of a permit that it contain the name of the district 
engineer as the issuing officer. However, the permit need not be signed 
by the district engineer in person but may be signed for and in behalf 
of him by whomever he designates. In cases where permits are denied for 
reasons other than navigation or failure to obtain required local, 
state, or other federal approvals or certifications, the Statement of 
Findings must conclusively justify a denial decision. District engineers 
are authorized to deny permits without issuing a public notice or taking 
other procedural steps where required local, state, or

[[Page 437]]

other federal permits for the proposed activity have been denied or 
where he determines that the activity will clearly interfere with 
navigation except in all cases required to be referred to higher 
authority (see below). District engineers are also authorized to add, 
modify, or delete special conditions in permits in accordance with Sec.  
325.4 of this part, except for those conditions which may have been 
imposed by higher authority, and to modify, suspend and revoke permits 
according to the procedures of Sec.  325.7 of this part. District 
engineers will refer the following applications to the division engineer 
for resolution:
    (1) When a referral is required by a written agreement between the 
head of a Federal agency and the Secretary of the Army;
    (2) When the recommended decision is contrary to the written 
position of the Governor of the state in which the work would be 
performed;
    (3) When there is substantial doubt as to authority, law, 
regulations, or policies applicable to the proposed activity;
    (4) When higher authority requests the application be forwarded for 
decision; or
    (5) When the district engineer is precluded by law or procedures 
required by law from taking final action on the application (e.g. 
section 9 of the Rivers and Harbors Act of 1899, or territorial sea 
baseline changes).
    (c) Division engineer's authority. Division engineers will review 
and evaluate all permit applications referred by district engineers. 
Division engineers may authorize the issuance or denial of permits 
pursuant to section 10 of the Rivers and Harbors Act of 1899; section 
404 of the Clean Water Act; and section 103 of the Marine Protection, 
Research and Sanctuaries Act of 1972, as amended; and the inclusion of 
conditions in accordance with Sec.  325.4 of this part in all cases not 
required to be referred to the Chief of Engineers. Division engineers 
will refer the following applications to the Chief of Engineers for 
resolution:
    (1) When a referral is required by a written agreement between the 
head of a Federal agency and the Secretary of the Army;
    (2) When there is substantial doubt as to authority, law, 
regulations, or policies applicable to the proposed activity;
    (3) When higher authority requests the application be forwarded for 
decision; or
    (4) When the division engineer is precluded by law or procedures 
required by law from taking final action on the application.