Federal · Title 33 — Navigation and Navigable Waters
33 U.S.C. § 408a: Expediting approval of modifications and alterations of projects by non-Federal interests
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In this section, the term “section 14 application” means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act of March 3, 1899 (commonly known as the “Rivers and Harbors Appropriation Act of 1899”) ( 33 U.S.C. 408 ). Not later than 1 year after June 10, 2014 , the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary generally approve or disapprove the application not later than 180 days after the date of receipt of the completed application. provide written notification to the applicant; and include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. why the Secretary failed to make a decision in accordance with such process; the additional actions required before the Secretary will issue a decision; and the amount of time the Secretary will require to issue a decision. The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. all section 14 applications received by the Secretary; and the current status of such applications. Not later than 120 days after December 16, 2016 , the Secretary shall issue guidance on the implementation of this section. In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under section 408 of this title , the Secretary shall incorporate the requirements under this section. The Secretary shall prioritize and complete the activities required of the Secretary under this section.
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