---
kind: "section"
citation: "33 U.S.C. § 408a"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "408a"
heading: "Expediting approval of modifications and alterations of projects by non-Federal interests"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/408a"
units:
  - "Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally"
  - "Subchapter I — In General"
---

# §408a. Expediting approval of modifications and alterations of projects by non-Federal interests

- (a) **Section 14 application defined—** In this section, the term “section 14 application” means an application submitted by an applicant to the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/408.md)).
- (b) **Review—** Not later than 1 year after June 10, 2014, the [Secretary](/usc/33/426h–1.md?p=2), 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.
- (c) **Benchmark goals—**
  - (1) **Establishment of benchmark goals—** In carrying out [subsection (b)](#b), the [Secretary](/usc/33/426h–1.md?p=2) shall—
    - (A) establish benchmark goals for determining the amount of time it should take the [Secretary](/usc/33/426h–1.md?p=2) to determine whether a section 14 application is complete;
    - (B) establish benchmark goals for determining the amount of time it should take the [Secretary](/usc/33/426h–1.md?p=2) to approve or disapprove a section 14 application; and
    - (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner.
  - (2) **Benchmark goals—**
    - (A) **Benchmark goals for determining whether section 14 applications are complete—** To the extent practicable, the benchmark goals established under [paragraph (1)](#c-1) shall provide that—
      - (i) the [Secretary](/usc/33/426h–1.md?p=2) 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
      - (ii) if the [Secretary](/usc/33/426h–1.md?p=2) determines that a section 14 application is not complete, the [Secretary](/usc/33/426h–1.md?p=2) promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application.
    - (B) **Benchmark goals for reviewing completed applications—** To the extent practicable, the benchmark goals established under [paragraph (1)](#c-1) shall provide that—
      - (i) the [Secretary](/usc/33/426h–1.md?p=2) generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and
      - (ii) in a case in which the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2) generally approve or disapprove the application not later than 180 days after the date of receipt of the completed application.
  - (3) **Notice—** In any case in which the [Secretary](/usc/33/426h–1.md?p=2) determines that it will take the [Secretary](/usc/33/426h–1.md?p=2) more than 45 days to review a completed section 14 application, the [Secretary](/usc/33/426h–1.md?p=2) shall—
    - (A) provide written notification to the applicant; and
    - (B) include in the written notice a best estimate of the [Secretary](/usc/33/426h–1.md?p=2) as to the amount of time required for completion of the review.
- (d) **Failure to achieve benchmark goals—** In any case in which the [Secretary](/usc/33/426h–1.md?p=2) fails make[^1] a decision on a section 14 application in accordance with the process established under this section, the [Secretary](/usc/33/426h–1.md?p=2) shall provide written notice to the applicant, including a detailed description of—
  - (1) why the [Secretary](/usc/33/426h–1.md?p=2) failed to make a decision in accordance with such process;
  - (2) the additional actions required before the [Secretary](/usc/33/426h–1.md?p=2) will issue a decision; and
  - (3) the amount of time the [Secretary](/usc/33/426h–1.md?p=2) will require to issue a decision.
- (e) **Notification—**
  - (1) **Submission to Congress—** The [Secretary](/usc/33/426h–1.md?p=2) shall provide a copy of any written notice provided under [subsection (d)](#d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
  - (2) **Public availability—** The [Secretary](/usc/33/426h–1.md?p=2) shall maintain a publicly available database, including on the Internet, on—
    - (A) all section 14 applications received by the [Secretary](/usc/33/426h–1.md?p=2); and
    - (B) the current status of such applications.
- (f) **Guidance—**
  - (1) **In general—** Not later than 120 days after December 16, 2016, the [Secretary](/usc/33/426h–1.md?p=2) shall issue guidance on the implementation of this section.
  - (2) **Incorporation—** In issuing guidance under [paragraph (1)](#f-1), or any other regulation, guidance, or engineering circular related to activities covered under [section 408 of this title](/usc/33/408.md), the [Secretary](/usc/33/426h–1.md?p=2) shall incorporate the requirements under this section.
- (g) **Prioritization—** The [Secretary](/usc/33/426h–1.md?p=2) shall prioritize and complete the activities required of the [Secretary](/usc/33/426h–1.md?p=2) under this section.

## Footnotes

[^1]: So in original. Probably should be preceded by “to”.

## Source credit

(Pub. L. 113–121, title I, § 1007, June 10, 2014, 128 Stat. 1214; Pub. L. 114–322, title I, § 1156(b), Dec. 16, 2016, 130 Stat. 1665.)

## Notes

### Editorial Notes

### Amendments

2016—Subsecs. (f), (g). Pub. L. 114–322 added subsecs. (f) and (g).

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.