US Army Corps of Engineers
Tulsa District

Section 408 Program

The Tulsa District (SWT) established a Single Section 408 POC and coordination process for Section 408 Program reviews.  The Section 408 Program authority comes from Section 14 of the RHA (codified at 33 USC 408 (Section 408).

The SWT utilizes the Director's Policy Memorandum (No. DPM CW 2018-10), Strategy for Synchronization of the Regulatory and 408 Programs. This DPM designates the District Regulatory Chief or designee as the single point of entry or initial point of contact for inquiries from the regulated public about the Regulatory Program and the Section 408 Program.  This DMP also outlines coordination between SWT PPMD, Engineering and Construction Division (E&C), Operations Division (OD), Dam Safety Production Center (DSPC), RO, Office of Counsel (OC), and Real Estate Division (RE) within SWT Civil Works project boundaries; when appropriate, coordination with other USACE District Offices to include Kansas City District Regulatory. The SWT Civil Works boundaries include the southern half of Kansas, Oklahoma, and the Red River watershed in north Texas.

 

Applicability

The following activities require Section 408 permission:

Alterations proposed within the real property identified and acquired for USACE projects.

USACE projects not yet constructed or under construction if the activity will occur on real property that the Federal Government has acquired for a USACE project or that the non-federal sponsor has provided for the USACE project under the terms of a Project Partnership Agreement (PPA).

Alterations proposed to submerged lands occupied or used by a USACE project.

Alterations that cross over or under a federal navigation channel when the alteration is also subject to either Section 9 or 10 of the Rivers and Harbors Act of 1899.

Alterations to submerged lands proposed in the vicinity of a USACE project that occur in an area subject to the navigation servitude, when it is determined that the alterations have the potential to impair the usefulness of the USACE project.

Exemptions

The following activities do not require Section 408 permission:

Proposed alterations occurring outside of the above referenced applicable areas.

Emergency alterations or emergency activities performed by USACE on USACE projects under Public Law (PL) 84-99, reference A.29.

Maintenance and repair activities conducted by non-federal sponsors on the USACE project for which they have operation and maintenance responsibilities.

Flood fighting and/or other emergency activities, specified in a USACE-issued O&M Manual.

Activities to restore a USACE project to the physical dimensions and design of the constructed project, without any changes to the real property, existing design features, or physical dimensions or performance of the USACE project.

Geotechnical exploration drilling by the non-federal sponsor associated with activities previously described in the above referenced applicable areas.

Improvements, excavations, construction, or changes to local flood protection works referenced in 33 Code of Federal Regulations (CFR).

Alterations consistent with an approved project master plan developed according to EC references A.34 and A.39, or subject to a Report and Determination of Availability under EC chapter 8 of reference A.28. In such cases, the project master planning process or the procedure for preparing the Report and Determination of Availability satisfies the requirements for Section 408 for the proposed alteration. Note: in these instances, Regulatory can render a permit decision before USACE issues the shoreline use permits or outgrants, as long as Regulatory has received the Determination of Availability or confirmation of consistency with the approved project master plan, whichever is applicable to the proposed alteration.

Non-Federal Construction of a Water Resources Development Project for proposed work authorized for construction by Congress.

Actions conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

 

Tulsa District Civil Works Projects

a. Oklahoma: Arcadia, Birch Lake, Broken Bow, Canton, Copan, Eufaula, Fort Gibson, Fort Supply, Great Salt Plains, Heyburn, Hugo, Hulah, Kaw, Keystone, Oologah, Optima, Pine Creek, Sardis, Skiatook, Tenkiller, Waurika, and Wister lakes.

b. Texas: Lake Texoma, Pat Mayse Lake, and the Red River Chloride Control (Truscott).

c. Kansas: Council Grove, El Dorado, Elk City, Fall River, John Redmond, Marion, Pearson-Skubitz Big Hill, and Toronto lakes.

d. Navigation: McClellan-Kerr Arkansas River Navigation System: Chouteau Lock and Dam, Newt Graham Lock and Dam, Robert S. Kerr Lock and Dam, W.D. Mayo Lock and Dam, and Webbers Falls Lock and Dam.

e. Local Flood Control Projects, Levee, Dikes, and Bank Protection projects (local or other agency managed):  There are numerous local Flood Control projects throughout the Tulsa District that are federally funded flood control projects. These include federally authorized levee systems, but operated, maintained, repaired, and rehabilitated by the local levee system sponsor.

Initial Point of Contact

The Tulsa District Regulatory Chief or designee will serve as the single point of entry or initial point of contact for inquiries from the regulated public about the Regulatory Program and the Section 408 Program. In order  to clearly define the process that applicants must follow, the District Regulatory Chief will coordinate internally and reply back to the applicant with information on the appropriate district POCs and the process for obtaining necessary permit decisions.

Email: CESWT-RO@usace.army.mil

U.S. Army Corps of Engineers, Tulsa District
Regulatory Office - CESWT-RO
2488 East 81st Street
Tulsa, OK  74137

Phone: 918-669-7400

USACE HQ Website: https://www.usace.army.mil/Missions/Civil-Works/Section408/