Coordination with the Galveston District Operations Division ‘will’ be required under Section 408 Authority if the proposed non-Federal project is anticipated to interfere with the Operations and Maintenance of a Federal Navigation or Flood Risk Management Project. Although the Galveston District Real Estate Office will ultimately issue the Outgrant for use of Federal lands, if the non-Federal entity anticipates that their proposed project may interfere with Federal Operations and Maintenance, it is recommended that the respective Operations Manager be contacted in advance of submitting the Real Estate Application
About Section 408:
The USACE Section 408 program allows another party, such as a local government, company, or individual, to alter a USACE Civil Works project. Given the widespread locations of these projects, many embedded within communities, over time there may be a need to either alter or occupy these projects and their associated lands. Reasons for alterations could include improvements to the projects, relocation of part of the project, or installing utilities or other non - project features.
What is Section 408 Authority?:
The Section 408 program verifies that changes to authorized USACE Civil Works projects will not be injurious to the public interest and will not impair the usefulness of the project. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times, and is codified at 33 U.S.C. 408–the section of U.S. Code that gives the program its name.
What is a Section 408 Review?:
A Section 408 review consists of a multi-disciplined engineering, environmental, real estate, and legal evaluation. Flood Risk Management review includes Construction oversight. The Galveston District Commander, or the Commander’s designee, has the authority to render decisions on Section 408 requests for alterations to USACE Civil Works projects that do not require review and decision by the USACE Southwestern Division Commander.