33 USC 2352 - Funding to process permits

View all text of Subchapter V [§ 2280 - § 2357]

§ 2352. Funding to process permits

(a) Funding to process permits

(1) DefinitionsIn this subsection:

(A) Natural gas company

(B) Public-utility company

(2) Permit processing

(A) In general

(B) Mitigation bank instrument processingAn activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evaluation of an instrument for a mitigation bank if—

(i) the non-Federal public entity, public-utility company, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and

(ii) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph.

(3) Effect on other entities

(4) GAO study

(b) Effect on permitting

(1) In general

(2) Impartial decisionmakingIn carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall—

(A) be reviewed by—

(i) the District Commander, or the Commander’s designee, of the Corps District in which the project or activity is located; or

(ii) the Commander of the Corps Division in which the District is located if the evaluation of the permit is initially conducted by the District Commander; and

(B) utilize the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section.

(d) Public availability

(1) In general

(2) Decision documentThe Secretary shall—

(A) use a standard decision document for evaluating all permits using funds accepted under this section; and

(B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.

(3) Agreements

(e) Reporting

(1) In generalThe Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section—

(A) a comprehensive list of any funds accepted under this section during the previous fiscal year;

(B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and

(C) a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section.

(2) SubmissionNot later than 90 days after the end of each fiscal year, the Secretary shall—

(A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and

(B) make each report received under subparagraph (A) available on a single publicly accessible Internet site.

(Pub. L. 106–541, title II, § 214, Dec. 11, 2000, 114 Stat. 2594; Pub. L. 108–137, title I, § 114, Dec. 1, 2003, 117 Stat. 1836; Pub. L. 109–99, § 1, Nov. 11, 2005, 119 Stat. 2169; Pub. L. 109–209, § 1, Mar. 24, 2006, 120 Stat. 318; Pub. L. 109–434, § 1, Dec. 20, 2006, 120 Stat. 3197; Pub. L. 110–114, title II, § 2002, Nov. 8, 2007, 121 Stat. 1067; Pub. L. 111–120, § 1, Dec. 22, 2009, 123 Stat. 3478; Pub. L. 111–315, § 1, Dec. 18, 2010, 124 Stat. 3450; Pub. L. 113–121, title I, § 1006, June 10, 2014, 128 Stat. 1212; Pub. L. 114–322, title I, § 1125, Dec. 16, 2016, 130 Stat. 1648; Pub. L. 115–270, title I, § 1145, Oct. 23, 2018, 132 Stat. 3785; Pub. L. 117–263, div. H, title LXXXI, § 8135, Dec. 23, 2022, 136 Stat. 3722.)