The review of proposed alterations under Section 408 is funded through the USACE Civil Works appropriation.  There are authorities available that allow outside entities to contribute funds, and in some cases, expedite Section 408 review.  These authorities include Section 214 of the Water Resources Development Act (WRDA) of 2000, 23 USC 139(j) or Section 1156(a)(2) of WRDA 2016. Contact Sacramento District by emailing CESPK-REGULATORY-INFO@usace.army.mil for help determining if one of these authorities may fit your specific situation.

Section 214 of WRDA 2000

Section 214 of WRDA 2000 authorized USACE to accept and expend funds received from non-federal public entities to evaluate requests under Section 408 and/or Section 404/10 to allow for expedited review. A Section 214 Agreement must explicitly state that funding provide can be used to expedite Section 408 application reviews. In cases where a Section 214 funding is accepted, if the proposed alteration represents a change in precedent or policy that is significant, HQ USACE must be informed.

The limitations of this funding agreement are as follows:

• Cannot be used by final decision makers for review, recommendations, or decisions.
• Cannot be used for compliance and enforcement activities.
• Cannot be used to cover related Section 10/404/103 permit decisions.

Section 1156(a)(2) of WRDA 2016

Section 1156(a)(2) of WRDA 2016 authorized USACE to accept and expend funds received from non-federal public or private entities to evaluate requests under Section 408. A Section 1156(a)(2) agreement can be for a single Section 408 request or for multiple requests by a single requester. Funding provided is voluntary and all requestors will receive a fair and timely review, regardless of whether they have contributed funds for the evaluation.

The limitations of this funding agreement are as follows:

• Cannot be used by final decision makers for review, recommendations, or decisions.
• Cannot be used for compliance and enforcement activities.
• Cannot be used to cover related Section 10/404/103 permit decisions.
• Cannot be used for activities related to non-federal hydropower development. 
• Cannot be used to prepared documents or products for the Section 408 requestor.