Lands owned in fee by either the United States or the non-federal sponsor of a federal navigation project.Sections 217(b) and 401 (c) apply only to DMPFs that are constructed and maintained by the Corps and are located on: The term also includes modifications to a dredged or excavated material placement facility to increase capacity beyond that created by regular recurring operation and maintenance activities. Such improvements may include, but are not necessarily limited to, retaining dikes, waste weirs, bulkheads, embankments, monitoring features, stilling basins, or de-watering pumps or pipes. This authority applies to federal licensees or permittees, who do not qualify as non-federal interests.įor purposes of the guidance, the term "DMPF" means a federal dredged material placement facility and any improvements on lands or submerged lands that enable the placement of dredged or excavated material as a result of non-federal work associated with the construction, operation, or maintenance of federal navigation projects for harbors, inland harbors, or inland waterways. § 1341 (c)), authorizes the Secretary of the Army, acting through the Chief of Engineers, to permit the use of a DMPF under the Secretary's jurisdiction by federal licensees or permittees, if it is deemed to be in the public interest. Section 401 (c) of the Federal Water Pollution Control Act (the "Clean Water Act"), Public Law 92-500, as amended (33 U.S.C. 1962d-5(b)), defines "non-federal interest" to mean a legally constituted public body (including a federally recognized Indian tribe) or a nonprofit entity with the consent of the affected local government, that has full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform. Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U.S.C. § 2326a(b)), authorizes the Secretary of the Army to permit a non-federal interest to use any DMPF under the jurisdiction of, or managed by, the Secretary if the Secretary determines that such use will not reduce the availability of the facility for project purposes. Section 217(b) of the Water Resource Development Act of 1996, Public Law 104-303, as amended (33 U.S.C. What is Section 217(b) and Section 401(c)? The Division also determines all fees to be charged, which will include cubic yardage costs and administrative fees. Final approval for usage of a DMPF is no longer made by the local Corps District Office, but is now made by the Corps Division Office in Atlanta, once all required documentation and submittals are received. The purpose of the guidance was to address the authorities, required findings, and procedures for permitting placement of dredged or excavated material in federal navigation project DMPFs by non-federal interests and other eligible entities. Effective February 3, 2017, the Corps of Engineers established implementation guidance for placement of dredged or excavated material in federal navigation project Dredged Material Placement Facilities (DMPFs) by non-federal interests and others pursuant to Section 217(b) of the Water Resource Development Act of 1996 and Section 401(c) of the Federal Water Pollution Control Act (the "Clean Water Act").
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