[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: 33CFR384.10]

[Page 612]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 384_INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF THE ARMY CORPS OF ENGINEERS 
 
Sec.  384.10  How does the Corps of Engineers make efforts to accommodate 

intergovernmental concerns?

    (a) If a state process provides a state process recommendation to 
the Corps of Engineers through its single point of contact, the 
responsible Corps official either:
    (1) Accepts the recommendation;
    (2) Reaches a mutually agreeable solution with the state process; or
    (3) Provides the single point of contact with a written explanation 
of the decision in such form as such Corps official in his or her 
discretion deems appropriate. The Corps official may also supplement the 
written explanation by providing the explanation to the single point of 
contact by telephone, other telecommunication, or other means.
    (b) In any explanation under paragraph (a)(3) of this section, the 
responsible Corps official informs the single point of contact that:
    (1) The Corps of Engineers will not implement its decision for at 
least 10 days after the single point of contact receives the 
explanation; or
    (2) The Assistant Secretary of the Army (Civil Works), or the next 
higher level responsible Corps official, has reviewed the case and 
determined that, because of unusual circumstances, the waiting period of 
at least 10 days is not feasible.
    (c) For purposes of computing the waiting period under paragraph 
(b)(1) of this section, a single point of contact is presumed to have 
received written notification 5 days after the date of mailing of such 
notification.