USACE Update

The USACE Flood Protection and Navigation Section (Section 408) has informed the Board that they have limited funding for the remainder of their fiscal year which ends September 31, 2017.  This shortfall of funding will require USACE to delay the review of many Section 408 requests and may also delay some corresponding Regulatory permit decisions (404). This action will in turn delay the issuance of permits by the Board.

A non-Federal public entity or a public-utility company or natural gas company that has submitted an encroachment permit application to the Board for review may want to consider the use of Section 214 funding agreements through the USACE to reduce potential disruptions or delays in Section 408 reviews due to the lack of federal funding.  For more information on Section 214 funding agreements click here. After public notice, the USACE may accept and expend funds contributed by a non-Federal public entity or a public-utility company or natural gas company to expedite the evaluation of a permit of that entity or company related to a project or activity for a public purpose under the jurisdiction of the Department of the Army.