33 U.S.C. § 408 — Taking possession of, use of, or injury to harbor or river improvements

This section bans damaging federal harbor and river structures without permission, and sets review rules for permits. (a) Prohibitions and permissions. No one may take possession of, use, build on, alter, deface, destroy, move, injure, obstruct (including by tying up a boat), or otherwise impair the usefulness of a sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other structure the United States built to protect or improve navigable waters, prevent floods, or mark boundaries, tides, surveys, or navigation. This also bans removing stone or material from these structures for ballast or other uses. There are two exceptions: the Secretary of the Army, on the Chief of Engineers' recommendation, can permit temporary occupation or use of these structures if it won't harm the public interest; and the Secretary can permit permanent alteration, occupation, or use if it won't harm the public interest and won't impair the structure's usefulness. (b) Concurrent review. (1) When an activity under this section also needs review under the National Environmental Policy Act (NEPA), that review must, as much as practical, happen at the same time as the review under this section. If the Army Corps of Engineers isn't the lead agency for that NEPA review, it must, as much as practical, join in as a cooperating agency (unless it doesn't plan to comment), and use the lead agency's environmental documents the same way any federal agency can adopt another's NEPA documents. (2) When the Secretary must approve an action under this section and under another law — like sections 401, 403, 1344, or 1413 — the Secretary must coordinate those reviews and run them at the same time where practical, and reuse Corps documents addressing the same law and impacts when current and applicable. (3) The Secretary may accept and spend money from non-federal public or private entities to help evaluate a proposed alteration or permanent use under this section. (c) Review process. (1) The Secretary must set clear, specific guidance for reviewing applications, to make the process consistent across Corps districts. (2) If a non-federal entity planning to apply for permission asks, the Secretary must meet with them beforehand to give design standards, recommend how many design packages to submit and when, and flag potential concerns. (3) The Secretary can use money accepted under subsection (b)(3) to pay for this meeting. (d) Timely review. (1) Within 30 days of receiving an application, the Secretary must tell the applicant whether it's complete, and if not, what's missing. (2) Within 90 days of receiving a complete application, the Secretary must either decide on it, or give the applicant a schedule for when a decision will come. (3) If that schedule stretches past 120 days from a complete application, the Secretary must explain the delay to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee. (e) Work Defined. For this section, "work" does not include unimproved real estate the Secretary owns or runs as part of a water resources project, if the Secretary decides changing that real estate wouldn't affect the project's function or usefulness.