CRS-90 



figures increased by approximately 1,000 in FY81. 114 / These totals represent 

 all applications: those for section 404 and section 10 of the Rivers and Har- 

 bors Act, and those for section 10 permits only. The Corps has estimated that 

 approximately 45 percent of all applications are for section 10 permits only, 

 38 percent are for section 404 and section 10, and 17 percent are for section 

 404 only. 115 / Only 300 to 400 — about 2 percent of all applications processed 

 — are denied outright each year. Two explanations for the small number of deni- 

 als are that a large number are modified or have conditions attached before 

 the permit is issued, and an estimated 3,000 to 4,000 — about 16 percent of all 

 applications — are withdrawn or cancelled each year. Some applications are 

 probably withdrawn when it is clear that there is no chance of approval. 116 / 



The 38 District offices make the vast majority of the permit decisions. 

 The District Engineer has considerable discretion in these actions; seemingly 

 similar proposals have been treated in different ways in different districts in 

 the past. In FY81 , only 49 of the approximately 18,700 permit applications 

 were considered at a level higher than the District Engineer. 117 / Objections 

 from other Federal agencies, the governor's office of the State where the 

 application is pending, or the public can lead to a Division review of the Dis- 

 trict's permit decision. In rare cases of major interagency conflict or strong 

 political pressure, the permit application can be forwarded to headquarters 



114 / Phone conversation with Mr. Jerry Chastein, staff member, Regulatory 

 Functions Branch, January 1982. Figures for FY81 are estimates made by the 

 Regulatory Functions Branch, Office of the Chief of Engineers, U.S. Army Corps 

 of Engineers. A more precise count is planned later this year. 



115 / U.S. Army Corps of Engineers, Impact Analysis, Draft, p. 23. 



116/ Ibid. Figures collected by the Regulatory Functions Branch, Corps of 

 Engineers Civil Works Division. These explanations are their interpretations. 



117/ Ibid. 



