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USACE Omaha District Section 408 Program

About the Section 408 Program

The US Army Corps of Engineers (USACE), Omaha District's Section 408 program allows another party, such as a local government, company, or individual, to alter a USACE Civil Works project in our area of operations.  Reasons for alterations could include improvements to the projects, relocation of part of the project, or installing utilities or other non-project features.

If you are planning a project or action that may involve a federally authorized project, such as a dam, levee, pier, waterway or shoreline, this is where you will begin.

We are here to help you obtain your permit. 

Preapplication Meeting - Things to know!

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Expand List item 32894Collapse List item 32894  What?

Expand List item 32893Collapse List item 32893  When?

Expand List item 32892Collapse List item 32892  Who?

Expand List item 32891Collapse List item 32891  Why?

Frequently Asked Questions

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Expand List item 32898Collapse List item 32898  How long will the review process take?

Some minor alterations that have a low risk of impacting the federal project typically require 60 days to process. Alterations with a higher risk require a more thorough review.  These may require 90+ days to process. Please contact the Section 408 Coordinator to determine what level of review may be required for your alteration.

Expand List item 32896Collapse List item 32896  What is a Section 408 review?

A Section 408 review includes an engineering, environmental, real estate, and legal review to ensure a proposed alteration does not impair the usefulness of the federal project and is not injurious to the public interest. Processing of a Section 408 permission request begins with submitting a written request to USACE. Find out what an application package includes, and about permission options here.

Expand List item 32897Collapse List item 32897  Do I have to pay for the Section 408 review?

No.  The review of proposed alterations under Section 408 is funded through the USACE Civil Works appropriation.  There are authorities available that allow outside entities to contribute funds and, in some cases, expedite Section 408 review.  Speak with District Section 408 staff to determine if one of these authorities may fit your specific situation.

Expand List item 32895Collapse List item 32895  What does Section 408 mean to my proposed project? 

USACE Civil Works projects include flood risk management, navigation, recreation, and infrastructure and environmental stewardship. Many of these projects support life safety. It is important that the intended functions of these projects are not at risk by a proposed alteration. Section 408 is intended to ensure proposed alterations to federal projects do not compromise the original purpose of the project or increase life safety risks.

How to prepare and process your application:

In the Section 408 Process Guide, prepared by USACE HQ, you will find information and assistance to prepare and process 408 requests. 

This guide provides a road map for:

  • Options to seek 408 permission
  • Preparing and submitting a 408 application
  • What to do after permission has been granted
  • Additional funding options for applicable projects 

If you are looking for information about how to navigate the Section 408 program, the "Navigating the Section 408 Program" section was designed with this feedback in mind.

These materials are a great place to start—and for even more information, please see the section below, “Who can I talk with about a Section 408 request?” to get connected with a Section 408 coordinator.

Navigating the Section 408 Program

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Expand List item 32901Collapse List item 32901  Section 408 Pre-Application Meeting Guide

Provides a one-page guide designed to help permission seekers get the most out of a pre-application meeting with their Section 408 coordinator.

Expand List item 32899Collapse List item 32899  Section 408 & You 

Provides an overview of Section 408 and the process of seeking a permission.

Expand List item 32902Collapse List item 32902  Section 408 Process Guide

Provides an in-depth guide to the program and the process of seeking permission to alter a Civil Works project from start to finish

Expand List item 32900Collapse List item 32900  Seven Questions for Section 408 Success 

Provides a short guide with questions for permission seekers to consider as they begin their request to the program.

Section 408 Resource Links

Section 404 and 10 Permits

Who can I talk with about a Section 408 request?

Funding Agreements

The review of proposed alterations under Section 408 is funded through the USACE Civil Works appropriation.  There are authorities available that allow outside entities to contribute funds, and in some cases, expedite Section 408 review.  These authorities include Section 214 of the Water Resources Development Act (WRDA) of 2000, 23 USC 139(j) or Section 1156(a)(2) of WRDA 2016. Contact Omaha District by emailing Section408NWO@usace.army.mil for help determining if one of these authorities may fit your specific situation.

 

Section 214 of WRDA 2000

Section 214 of WRDA 2000 authorized USACE to accept and expend funds received from non-federal public entities to evaluate requests under Section 408 and/or Section 404/10 to allow for expedited review. A Section 214 Agreement must explicitly state that funding provide can be used to expedite Section 408 application reviews. In cases where a Section 214 funding is accepted, if the proposed alteration represents a change in precedent or policy that is significant, HQ USACE must be informed.

The limitations of this funding agreement are as follows:

  • Cannot be used by final decision makers for review, recommendations, or decisions.
  • Cannot be used for compliance and enforcement activities.
  • Cannot be used to cover related Section 10/404/103 permit decisions.

For more information on Section 214, please visit this website: Section 214 Agreements (army.mil)

 

Section 1156(a)(2) of WRDA 2016

Section 1156(a)(2) of WRDA 2016 authorized USACE to accept and expend funds received from non-federal public or private entities to evaluate requests under Section 408. A Section 1156(a)(2) agreement can be for a single Section 408 request or for multiple requests by a single requester. Funding provided is voluntary and all requestors will receive a fair and timely review, regardless of whether they have contributed funds for the evaluation.

The limitations of this funding agreement are as follows:

  • Cannot be used by final decision makers for review, recommendations, or decisions.
  • Cannot be used for compliance and enforcement activities.
  • Cannot be used to cover related Section 10/404/103 permit decisions.
  • Cannot be used for activities related to non-federal hydropower development. 
  • Cannot be used to prepared documents or products for the Section 408 requestor.
For additional information regarding implementation guidance and template for 1156 Agreements, please click here.