Programmatic Agreement for Section 106 Compliance for the Section 408 Program in the Los Angeles District (CA)

Case Details

California
City
Statewide

The United States Army Corps of Engineers (Corps), Los Angeles District, is initiating the process to develop a Programmatic Agreement (PA) for the “Section 408 Permissions” within its Civil Works boundaries for the State of California, pursuant to 36 CFR § 800.14(b)(2). The proposed PA would establish procedures to satisfy the Corps' Section 106 responsibilities with regard to the review of small-scale federal permissions of local agency and third-party applications known as Section 408 permissions. Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 U.S.C. 408, provides the Secretary of the Army authority to grant permission to alter a Corps Civil Works (CW) project if it will not impair usefulness of the project and is not injurious to the public interest. Alterations are actions that build upon, alter, improve, move, occupy, or otherwise affect a CW project, have temporary or permanent occupation or use, and can be in, over, or under CW project boundaries. Most of these projects are now locally owned by county flood control agencies and permission requests may be from the owner or a third-party requestor.. Typical requests for alterations to existing civil works projects include, but are not limited to the following examples: pipeline crossings; utility lines; bulk material conveyor systems; culverts, drainage pipes, and drainage ditches; vehicle and pedestrian bridges; bank stabilization and erosion control features; bulkheads, docks, wharfs, mooring pilings and dolphins; fleeting operations in channels with existing fleeting operations; cattle guards and fences; trails, signage, lighting, and other similar operational, recreational, and decorative features; soil investigations, including borings, piezometers, and inclinometery; and levee ramps and crossings.

Agency Involved:
Agency
U.S. Army Corps of Engineers
Federal Point of Contact:
A. Meg McDonald
Cultural Resources Manager