Lions, Tigers, Coast Guard Permits – Oh My!

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Presentation transcript:

Lions, Tigers, Coast Guard Permits – Oh My! Federal Highway Administration Lions, Tigers, Coast Guard Permits – Oh My! 2016 National Hydraulic Engineering Conference Portland, Oregon 10 August 2016 Joe Krolak Principal Hydraulic Engineer FHWA Office of Bridges & Structures Washington DC

Discussing Bridges and Permits can be a Tightrope Act! Lions-Tigers-Coast Guard Permits, Oh My! Caveats to Consider Discussing Bridges and Permits can be a Tightrope Act!

Some Bridge Situations Unforeseen … Lions-Tigers-Coast Guard Permits, Oh My! Caveats to Consider Some Bridge Situations Unforeseen …

Lions-Tigers-Coast Guard Permits, Oh My! Why are We Here?

Lions-Tigers-Coast Guard Permits, Oh My! Why are We Here?

How Did We Get Here? Lions-Tigers-Coast Guard Permits, Oh My! 1808 - Gallatin’s “Report on Roads and Canals” Federal Assistance & Leadership Led to “National Highway” Westward Expansion Growing conflicts between river navigation and land surface transportation

How Did We Get Here? ?? 1899 – Rivers & Harbors Act Lions-Tigers-Coast Guard Permits, Oh My! How Did We Get Here? 1899 – Rivers & Harbors Act 1947 – General Bridge Act 1966 – DOT Act 1978 – Surface Transportation Assistance Act 2002 – Homeland Security Act 2012 – MAP-21 2015 – FAST Act ??

How Did We Get Here? 1899 - “Rivers & Harbors Act” Lions-Tigers-Coast Guard Permits, Oh My! How Did We Get Here? 1899 - “Rivers & Harbors Act” “SEC. 9. It shall not be lawful to construct or commence the construction of any BRIDGE, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained” Term “Navigable Water of the United States” Act provided Secretary (of War) jurisdiction authority over navigable waters Delegated to the U.S. Army Corps of Engineers (Corps).

How Did We Get Here? 1946 - “General Bridge Act” Lions-Tigers-Coast Guard Permits, Oh My! How Did We Get Here? 1946 - “General Bridge Act” Further codified and clarified Corps approvals of bridges over navigable waters Exception? “ … shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce …”

How Did We Get Here? 1966 - “DOT Act” Lions-Tigers-Coast Guard Permits, Oh My! How Did We Get Here? 1966 - “DOT Act” Transferred permitting authority from the Corps to the US Coast Guard Coast Guard authority 33 CFR §114.05(c) defines a BRIDGE as “… a structure erected across navigable waters of the United States, and includes causeways, approaches, fenders, and other appurtenances thereto.” 33 CFR §114.05(h), defines PERMIT as “… the license permitting construction of bridges and approaches thereto in or over navigable waters of the United States …”

How Did We Get Here? 1978 - Surface Transportation Assistance Act Lions-Tigers-Coast Guard Permits, Oh My! How Did We Get Here? 1978 - Surface Transportation Assistance Act “Exception - … the General Bridge Act of 1946 and section 9 of the Act of March 3, 1899, shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that - are not used and are not susceptible to use in the natural condition of the bridge or by reasonable improvement as a means to transport interstate or foreign commerce; AND are - not tidal; or if tidal, used only by recreational boating, fishing, and other small vessels that are less than 21 feet in length.”

How Did We Get Here? 2002 – Homeland Security Act Lions-Tigers-Coast Guard Permits, Oh My! How Did We Get Here? 2002 – Homeland Security Act Coast Guard moved from USDOT to DHS USDOT Secretary no longer has authority for permit issues MAP-21 & FAST Act Certain NEPA authorities delegated to State DOTs

Lions-Tigers-Coast Guard Permits, Oh My! Why are We Here?

Where We Went … FHWA MOA with USCG Issued January 14, 2014 Lions-Tigers-Coast Guard Permits, Oh My! Where We Went … FHWA MOA with USCG Issued January 14, 2014 Applied during NEPA process FHWA & USCG procedural responsibilities Detailed process for bridge permits Promotes EARLY engagement with USCG Updates guidance to incorporate MAP-21 Reasonable range of alternatives that do not obstruct navigation

Where We Went … FHWA MOA with USCG Lions-Tigers-Coast Guard Permits, Oh My! Where We Went … FHWA MOA with USCG Coordinated environmental document and concurrent review Role of USCG in reviewing information prior to formal permit application Navigation surveys and evaluations done early Alternatives identified and considered early Requirement of public involvement Clarify roles when FHWA is the lead federal agency under NEPA and Section 106 of the NHPA

Lions-Tigers-Coast Guard Permits, Oh My! Success?

So, Where Do I Need a Permit? Lions-Tigers-Coast Guard Permits, Oh My! So, Where Do I Need a Permit?

So, Where Do I Need a Permit? Lions-Tigers-Coast Guard Permits, Oh My! So, Where Do I Need a Permit?

So, Where Do I Need a Permit? Lions-Tigers-Coast Guard Permits, Oh My! So, Where Do I Need a Permit?

So, Why is this MY Problem? Lions-Tigers-Coast Guard Permits, Oh My! So, Why is this MY Problem?

Moving Forward … Bridge Permit Locator Tool In progress Lions-Tigers-Coast Guard Permits, Oh My! Moving Forward … Bridge Permit Locator Tool In progress Focuses on Likelihood of a Permit FHWA-Coast Guard National Checklist Legal discussions FAST Act considerations

Bridge Permit Locator tool Lions-Tigers-Coast Guard Permits, Oh My! Bridge Permit Locator tool Being developed by KCM team GIS based system Applications: Bridge replacements New bridge locations Determination of permit “likelihood” High Medium Low

Bridge Permit Locator tool Lions-Tigers-Coast Guard Permits, Oh My! Bridge Permit Locator tool

Bridge Permit Locator tool Lions-Tigers-Coast Guard Permits, Oh My! Bridge Permit Locator tool

Bridge Permit Locator tool Lions-Tigers-Coast Guard Permits, Oh My! Bridge Permit Locator tool Will a Project be LIKELY to Require Permit? Locate project on the map or by the bridge key field. If EXISTING bridge (and it is in the database), tool will indicate likelihood of needing permit If a NEW bridge Inspect bridges in vicinity to determine likelihood. Contact Coast Guard for actual determination (with needed data identified by the BPL)

National Checklist Codifies MOA Lions-Tigers-Coast Guard Permits, Oh My! National Checklist Codifies MOA Intended to help facilitate communications with Bridge Owners, FHWA, and Coast Guard Elements What I need to know? What I need to do? What information do I need to obtain? Who I need to talk with?

FHWA Activities & Updates That’s all Folks! THANK YOU! Thank you!