1. 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

2. 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!

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

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

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

6. How Did We Get Here? Lions-Tigers-Coast Guard Permits, Oh My!
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

7. 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 ??

8. How Did We Get Here? 1899 - “Rivers & Harbors Act”
Lions-Tigers-Coast Guard Permits, Oh My!
How Did We Get Here?
“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).

9. How Did We Get Here? 1946 - “General Bridge Act”
Lions-Tigers-Coast Guard Permits, Oh My!
How Did We Get Here?
“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 …”

10. How Did We Get Here? 1966 - “DOT Act”
Lions-Tigers-Coast Guard Permits, Oh My!
How Did We Get Here?
“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 …”

11. How Did We Get Here? 1978 - Surface Transportation Assistance Act
Lions-Tigers-Coast Guard Permits, Oh My!
How Did We Get Here?
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.”

12. 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

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

14. 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

15. 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

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

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

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

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

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

21. 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

22. 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

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

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

25. 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)

26. 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?

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