MIL-HDBK-1003/7
approval of other certifications or required approvals. However, if other Federal,
state, or local certifications are denied prior to final action on a Corps' permit
application, the Corps' permit will be denied, but the applicant has the right to
request reinstatement of processing if the other certifications are later approved.
l) Specific land use plans of other Federal, state, local, and Indian
tribal agencies must be considered in addition to national interest factors.
m) In the interest of safety, applicants may be required to show that all
impoundment structures comply with state dam safety standards or have been designed or
reviewed by qualified persons.
n) Whenever practicable alternatives exist outside a flood plain, the
District Engineer will avoid, to the extent practicable, authorizing flood plain
developments or activities which have long-term or short-term significant adverse
impacts upon a flood plain. For those activities in the public interest which must
occur in or impact upon flood plains, the District Engineer must assure, to the maximum
extent practicable, that the impacts of potential flooding on human health, safety, and
welfare and the risks of flood losses are minimized. In such cases, the District
Engineer will also strive to restore and preserve the natural and beneficial values
served by flood plains.
o) Although the Corps will not impinge upon the states' authority to
allocate water, the District Engineer will give full consideration to the public
interest review to water conservation and the opportunities to reduce demand and
improve efficiency in order to minimize new water supply requirements.
p) Since energy conservation and development is a national objective, the
District Engineer will give great weight to energy needs and will give high priority to
permit actions involving energy projects.
q) Navigation in all navigable waters is a primary concern of the federal
government. The District Engineer will protect navigational and anchorage interests by
recommending denial of a permit unless appropriate conditions are included to avoid any
substantial impairment to navigation and anchorage.
r) Section 11 of RHA authorized establishment of harbor lines shoreward of
which no individual permits were required. Because harbor lines were established on the
basis of navigation impacts only, the Corps of Engineers published a regulation on May
27, 1970 (33 CFR 209.150) which declares that permits thereafter would be required for
activities shoreward of the harbor lines. Review of applications is based on full
public interest evaluation and harbor lines serve as guidance for assessing navigation
impacts.
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