USACE

The U.S. Army Corps of Engineers (USACE) evaluates offshore wind projects pursuant to section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act of 1899 (RHA). Under section 404, USACE regulates the discharge of dredged or fill material into the waters of the United States. Under section 10 of the RHA, USACE regulates construction of any structures and work that are located in or that affect "navigable waters of the U.S." The USACE's authority under RHA section 10 was extended to artificial islands, installations, and other devices located on the seabed, to the seaward limit of the outer continental shelf, by section 4(f) of the Outer Continental Shelf Lands Act of 1953 as amended (43 U.S.C. § 1333(e) and 33 CFR § 320.2). The USACE permit process complies with all relevant Federal environmental laws, such as the National Environmental Policy Act (NEPA), and with USACE regulations at 33 CFR Part 320. Additionally, the USACE section 408 program allows another party, such as a local government, company, or individual, to alter or impact a USACE Civil Works project, like a dam, levee, or waterway. The section 408 program verifies that changes to authorized USACE Civil Works projects will not be injurious to the public interest and will not impair the usefulness of the project. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, as amended, and codified at 33 U.S.C. 408.