Mr. Chairman, I rise to offer this amendment to direct the Corps of Engineers to focus on the tasks that it can do, and should do, when it comes to section 408 reviews. The Rivers and Harbors Act of 1899, enacted in the final days of the 55th Congress, first established the process we know today as a section 408 review, which I have here in my hand. The provision was intended to protect engineered structures built by the Corps that serve particular functions, such as seawalls, dikes, levees, and piers, by requiring the Corps of Engineers to authorize any requests for substantial work on these and similar assets. Over time, however, the Corps has expanded its regulatory authority far beyond the scope of that statute. Specifically, the Corps now requires a review of any proposal for a physical modification or structure that touches a Corps project, even if it has no bearing at all on navigation or flood control. This has resulted in an overlay of additional administrative procedures, delays, and unnecessary costs. In my district, at the Port of Houston, the Corps of Engineers is currently requiring users to go through the section 408 process, in addition to regulatory and real estate protocols, for access to dredge material placement sites.…
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