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Title 33 — Navigation and Navigable Waters

Chapter 36 — Water Resources Development

§ 2352. Funding to process permits

Statutory text

(a)

Funding to process permits

(1)

Definitions

In this subsection:

(A)

Natural gas company

The term “natural gas company” has the meaning given the term in section 16451 of title 42, except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce.

(B)

Public-utility company

The term “public-utility company” has the meaning given the term in section 16451 of title 42.

(C)

Railroad carrier

The term “railroad carrier” has the meaning given the term in section 20102 of title 49.

(D)

Indian Tribe

The term “Indian Tribe” means—

(i)

an Indian Tribe, as such term is defined in section 5304 of title 25; and

(ii)

any entity formed under the authority of one or more Indian Tribes, as so defined.

(2)

Permit processing

(A)

In general

The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity or a public-utility company, Indian Tribe, natural gas company, or railroad carrier to expedite the evaluation of a permit of that entity, company, or carrier related to a project or activity for a public purpose under the jurisdiction of the Department of the Army, including an aquatic ecosystem restoration project.

(B)

Mitigation bank instrument processing

An 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, Indian Tribe, 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

To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section.

(b)

Effect on permitting

(1)

In general

In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally.

(2)

Impartial decisionmaking

In 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.

(c)

Limitation on use of funds

None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A).

(d)

Public availability

(1)

In general

The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary.

(2)

Decision document

The 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

The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.

(e)

Reporting

(1)

In general

The 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)

Submission

Not 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 106–541 title II § 214 · 114 Stat. 2572

    Enacted · 33 U.S.C. § 2352

    Pub. L. 106–541, title II, § 214, Dec. 11, 2000, 114 Stat. 2594

    Source evidence

    Code source credit
    Pub. L. 106–541, title II, § 214, Dec. 11, 2000, 114 Stat. 2594

    Enacted provision · exact public law section
    SEC. 214. FUNDING TO PROCESS PERMITS. (a) In General.— In fiscal years 2001 through 2003, the Secretary, after public notice, may accept and expend funds contributed by non-Federal public entities to expedite the evaluation of permits under the jurisdiction of the Department of the Army. (b) Effect on Permitting.— In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally.

  2. Pub. L. 108–137 title I § 114 · 117 Stat. 1827

    Substituted · 33 U.S.C. § 2352(a)

    Pub. L. 108–137 substituted “2005” for “2003”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–137 substituted “2005” for “2003”.

    Enacted provision · exact public law section
    Sec. 114. Section 214(a) of Public Law 106–541 23 USC 2201 note. is amended by striking “2003” and inserting “2005”.

  3. Pub. L. 109–99 § 1(1) · 119 Stat. 2169

    Substituted · 33 U.S.C. § 2352(a)

    Pub. L. 109–99, § 1(1), substituted “The” for “In fiscal years 2001 through 2005, the”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–99, § 1(1), substituted “The” for “In fiscal years 2001 through 2005, the”.

    Enacted provision · exact public law section
    (1) in subsection (a) by striking “In fiscal years 2001 through 2005, the” and inserting “The”; and

  4. Pub. L. 109–99 § 1(2) · 119 Stat. 2169

    Added · 33 U.S.C. § 2352(c)

    Pub. L. 109–99, § 1(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–99, § 1(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(c) Duration of Authority.— The authority provided under this section shall be in effect from October 1, 2000, through March 31, 2006.” .

  5. Pub. L. 109–209 § 1 · 120 Stat. 318

    Substituted · 33 U.S.C. § 2352(c)

    Pub. L. 109–209 substituted “December 31, 2006” for “March 31, 2006”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–209 substituted “December 31, 2006” for “March 31, 2006”.

    Enacted provision · exact public law section
    SECTION 1. FUNDING TO PROCESS PERMITS.   Section 214(c) of the Water Resources Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836; 119 Stat. 2169) is amended by striking “March 31, 2006” and inserting “December 31, 2006”.

  6. Pub. L. 109–434 § 1 · 120 Stat. 3197

    Substituted · 33 U.S.C. § 2352(c)

    Pub. L. 109–434 substituted “December 31, 2008” for “December 31, 2006”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–434 substituted “December 31, 2008” for “December 31, 2006”.

    Enacted provision · exact public law section
    SECTION 1. FUNDING TO PROCESS PERMITS.   Section 214(c) of the Water Resources Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836; 119 Stat. 2169; 120 Stat. 318) is amended by striking “December 31, 2006” and inserting “December 31, 2008”.

  7. Water Resources Development Act of 2007

    Pub. L. 110–114 title II § 2002 · 121 Stat. 1041

    Substituted · 33 U.S.C. § 2352(c)

    Pub. L. 110–114 substituted “2009” for “2008”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–114 substituted “2009” for “2008”.

    Enacted provision · exact public law section
    SEC. 2002. FUNDING TO PROCESS PERMITS.   Section 214(c) of the Water Resources Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 3197) is amended by striking “2008” and inserting “2009”.

  8. Pub. L. 111–120 § 1 · 123 Stat. 3478

    Substituted · 33 U.S.C. § 2352(c)

    Pub. L. 111–120 substituted “2010” for “2009”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–120 substituted “2010” for “2009”.

    Enacted provision · exact public law section
    SECTION 1. FUNDING TO PROCESS PERMITS.   Section 214(c) of the Water Resources Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 3197; 121 Stat. 1067) is amended by striking “2009” and inserting “2010”.

  9. Pub. L. 111–315 § 1(1) · 124 Stat. 3450

    1. Added · 33 U.S.C. § 2352(a)

      Pub. L. 111–315, § 1(1), added subsec. (a)

    2. Struck · 33 U.S.C. § 2352(a)

      Pub. L. 111–315, § 1(1), struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary, after public notice, may accept and expend funds contributed by non-Federal public entities to expedite the evaluation of permits under the jurisdiction of the Department of the Army.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–315, § 1(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary, after public notice, may accept and expend funds contributed by non-Federal public entities to expedite the evaluation of permits under the jurisdiction of the Department of the Army.”

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) In General.— The Notice. Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a project or activity for a public purpose under the jurisdiction of the Department of the Army.” ;

  10. Pub. L. 111–315 § 1(3) · 124 Stat. 3450

    1. Added · 33 U.S.C. § 2352(b)

      Pub. L. 111–315, § 1(3), added subsec. (b)

    2. Struck · 33 U.S.C. § 2352(b)

      Pub. L. 111–315, § 1(3), struck out former subsec. (b). Prior to amendment, text read as follows: “In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–315, § 1(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally.”

    Enacted provision · exact public law section
    (3) by striking subsection (b) and inserting the following: “(b) Effect on Permitting.— “(1) In general.— In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. “(2) Impartial decisionmaking.— In 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. “(c) Limitation on Use of Funds.— None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). “(d) Public Availability.— The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet.” ; and

  11. Pub. L. 111–315 § 1(2) · 124 Stat. 3450

    1. Added · 33 U.S.C. § 2352(c)(e)

      Pub. L. 111–315, § 1(2)–(4), added subsecs. (c) and (d)

    2. Redesignated · 33 U.S.C. § 2352(c)(e)

      Pub. L. 111–315, § 1(2)–(4), redesignated former subsec. (c) as (e), and, in subsec. (e)

    3. Substituted · 33 U.S.C. § 2352(c)(e)

      Pub. L. 111–315, § 1(2)–(4), substituted “2016” for “2010”

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 111–315, § 1(2)–(4), added subsecs. (c) and (d), redesignated former subsec. (c) as (e), and, in subsec. (e), substituted “2016” for “2010”.

    Enacted provision · exact public law section
    (2) by redesignating subsection (c) as subsection (e);

  12. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1006(1)(A) · 128 Stat. 1193

    1. Substituted · 33 U.S.C. § 2352(a)(1); 33 U.S.C. § 2352(a)(2)

      Pub. L. 113–121, § 1006(1)(A), (B), substituted “Funding to process permits” for “In general” in subsec. heading

    2. Added · 33 U.S.C. § 2352(a)(1); 33 U.S.C. § 2352(a)(2)

      Pub. L. 113–121, § 1006(1)(A), (B), added par. (1)

    3. Redesignated · 33 U.S.C. § 2352(a)(1); 33 U.S.C. § 2352(a)(2)

      Pub. L. 113–121, § 1006(1)(A), (B), redesignated text of subsec. (a) as par. (2)

    4. Inserted · 33 U.S.C. § 2352(a)(1); 33 U.S.C. § 2352(a)(2)

      Pub. L. 113–121, § 1006(1)(A), (B), inserted heading

    5. Inserted · 33 U.S.C. § 2352(a)(1); 33 U.S.C. § 2352(a)(2)

      Pub. L. 113–121, § 1006(1)(A), (B), inserted “or a public-utility company or natural gas company” after “non-Federal public entity” and “or company” after “that entity”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 113–121, § 1006(1)(A), (B), substituted “Funding to process permits” for “In general” in subsec. heading, added par. (1), redesignated text of subsec. (a) as par. (2), inserted heading, and inserted “or a public-utility company or natural gas company” after “non-Federal public entity” and “or company” after “that entity”.

    Enacted provision · exact public law section
    (A) by striking “(a) In General.—The Secretary” and inserting the following: “(a) Funding to Process Permits.— “(1) Definitions.— In this subsection: “(A) Natural gas company.— The term ‘natural gas company’ has the meaning given the term in section 1262 of the Public Utility Holding Company Act of 2005 (42 U.S.C. 16451), except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce. “(B) Public-utility company.— The term ‘public-utility company’ has the meaning given the term in section 1262 of the Public Utility Holding Company Act of 2005 (42 U.S.C. 16451). “(2) Permit processing.— The Secretary” ;

  13. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1006(1)(C) · 128 Stat. 1193

    Added · 33 U.S.C. § 2352(a)(3)(5)

    Pub. L. 113–121, § 1006(1)(C), added pars. (3) to (5)

    Source evidence

    Code amendment note
    Subsec. (a)(3) to (5). Pub. L. 113–121, § 1006(1)(C), added pars. (3) to (5).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(3) Limitation for public-utility and natural gas companies.— Expiration date. The authority provided under paragraph (2) to a public-utility company or natural gas company shall expire on the date that is 7 years after the date of enactment of this paragraph. “(4) Effect on other entities.— To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. “(5) GAO study.— Not later than 4 years after the date of enactment of this paragraph, the Comptroller General of the United States shall carry out a study of the implementation by the Secretary of the authority provided under paragraph (2) to public-utility companies and natural gas companies.” ; and

  14. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 § 1006(2) · 128 Stat. 1193

    1. Added · 33 U.S.C. § 2352(d); 33 U.S.C. § 2352(e)

      Pub. L. 113–121, § 1006(2), added subsecs. (d) and (e)

    2. Struck · 33 U.S.C. § 2352(d); 33 U.S.C. § 2352(e)

      Pub. L. 113–121, § 1006(2), struck out former subsecs. (d) and (e) which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 113–121, § 1006(2), added subsecs. (d) and (e) and struck out former subsecs. (d) and (e) which read as follows:

    “(d) Public Availability.—The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet. “(e) Duration of Authority.—The authority provided under this section shall be in effect from October 1, 2000, through December 31, 2016.”

    Enacted provision · exact public law section
    (2) by striking subsections (d) and (e) and inserting the following: “(d) Public Availability.— “(1) In general.— The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary. “(2) Decision document.— The 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.— The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site. “(e) Reporting.— “(1) In general.— The 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) Submission.— Not 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.” .

  15. Water Resources Development Act of 2016

    Pub. L. 114–322 § 1125(1) · 130 Stat. 1628

    Added · 33 U.S.C. § 2352(a)(1)(C)

    Pub. L. 114–322, § 1125(1), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 114–322, § 1125(1), added subpar. (C).

    Enacted provision · exact public law section
    (1) in paragraph (1) by adding at the end the following: “(C) Railroad carrier.— The term ‘railroad carrier’ has the meaning given the term in section 20102 of title 49, United States Code.” ;

  16. Water Resources Development Act of 2016

    Pub. L. 114–322 § 1125(2) · 130 Stat. 1628

    1. Substituted · 33 U.S.C. § 2352(a)(2)

      Pub. L. 114–322, § 1125(2), substituted “, natural gas company, or railroad carrier” for “or natural gas company”

    2. Substituted · 33 U.S.C. § 2352(a)(2)

      Pub. L. 114–322, § 1125(2), substituted “, company, or carrier” for “or company”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 114–322, § 1125(2), substituted “, natural gas company, or railroad carrier” for “or natural gas company” and “, company, or carrier” for “or company”.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by striking “or natural gas company” and inserting “, natural gas company, or railroad carrier”; and (B) by striking “or company” and inserting “, company, or carrier”;

  17. Water Resources Development Act of 2016

    Pub. L. 114–322 § 1125(3) · 130 Stat. 1628

    1. Substituted · 33 U.S.C. § 2352(a)(3)

      Pub. L. 114–322, § 1125(3), substituted “, natural gas company, or railroad carrier” for “or natural gas company”

    2. Substituted · 33 U.S.C. § 2352(a)(3)

      Pub. L. 114–322, § 1125(3), substituted “10 years” for “7 years”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 114–322, § 1125(3), substituted “, natural gas company, or railroad carrier” for “or natural gas company” and “10 years” for “7 years”.

    Enacted provision · exact public law section
    (3) in paragraph (3)— (A) by striking “or natural gas company” and inserting “, natural gas company, or railroad carrier”; and (B) by striking “7 years” and inserting “10 years”; and

  18. Water Resources Development Act of 2016

    Pub. L. 114–322 § 1125(4) · 130 Stat. 1628

    Substituted · 33 U.S.C. § 2352(a)(5)

    Pub. L. 114–322, § 1125(4), substituted “, natural gas companies, and railroad carriers, including an evaluation of the compliance with the requirements of this section and, with respect to a permit for those entities, the requirements of applicable Federal laws” for “and natural gas companies”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 114–322, § 1125(4), substituted “, natural gas companies, and railroad carriers, including an evaluation of the compliance with the requirements of this section and, with respect to a permit for those entities, the requirements of applicable Federal laws” for “and natural gas companies”.

    Enacted provision · exact public law section
    (4) in paragraph (5) by striking “and natural gas companies” and inserting “, natural gas companies, and railroad carriers, including an evaluation of the compliance with the requirements of this section and, with respect to a permit for those entities, the requirements of applicable Federal laws”.

  19. Water Resources Development Act of 2018

    Pub. L. 115–270 § 1145(1) · 132 Stat. 3765

    1. Redesignated · 33 U.S.C. § 2352(a)(3)

      Pub. L. 115–270, § 1145(1), redesignated par. (4) as (3)

    2. Struck · 33 U.S.C. § 2352(a)(3)

      Pub. L. 115–270, § 1145(1), struck out former par. (3) which read as follows: “The authority provided under paragraph (2) to a public-utility company, natural gas company, or railroad carrier shall expire on the date that is 10 years after June 10, 2014.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–270, § 1145(1), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The authority provided under paragraph (2) to a public-utility company, natural gas company, or railroad carrier shall expire on the date that is 10 years after June 10, 2014.”

    Enacted provision · exact public law section
    (1) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

  20. Water Resources Development Act of 2018

    Pub. L. 115–270 title I § 1145 · 132 Stat. 3765

    1. Redesignated · 33 U.S.C. § 2352(a)(4); 33 U.S.C. § 2352(a)(5)

      Pub. L. 115–270 redesignated par. (5) as (4)

    2. Substituted · 33 U.S.C. § 2352(a)(4); 33 U.S.C. § 2352(a)(5)

      Pub. L. 115–270 substituted “December 31, 2022” for “4 years after June 10, 2014”

    3. Substituted · 33 U.S.C. § 2352(a)(4); 33 U.S.C. § 2352(a)(5)

      Pub. L. 115–270 substituted “carry out a followup study” for “carry out a study”

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 115–270 redesignated par. (5) as (4) and substituted “December 31, 2022” for “4 years after June 10, 2014” and “carry out a followup study” for “carry out a study”.

    Enacted provision · exact public law section
    SEC. 1145. FUNDING TO PROCESS PERMITS.   Section 214(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)) is amended— (1) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (2) in paragraph (4), as so redesignated— (A) by striking “4 years after the date of enactment of this paragraph” and inserting “December 31, 2022”; and (B) by striking “carry out a study” and inserting “carry out a followup study”.

  21. Water Resources Development Act of 2022

    Pub. L. 117–263 div. H title LXXXI § 8135 · 136 Stat. 2395

    1. Amended · 33 U.S.C. § 2352(a)(2)

      Pub. L. 117–263 designated existing provisions as subpar. (A)

    2. Inserted · 33 U.S.C. § 2352(a)(2)

      Pub. L. 117–263 inserted heading

    3. Added · 33 U.S.C. § 2352(a)(2)

      Pub. L. 117–263 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 117–263 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 8135. FUNDING TO PROCESS PERMITS.   Section 214(a)(2) of the Water Resources Development Act of 2000 (33 U.S.C. 2352(a)(2)) is amended— (1) by striking “The Secretary” and inserting the following: “(A) In general.— The Secretary” ; and (2) by adding at the end the following: “(B) Mitigation bank instrument processing.— An 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.” .

  22. Pub. L. 118–272 § 1133(1) · 138 Stat. 3024

    Added · 33 U.S.C. § 2352(a)(1)(D)

    Pub. L. 118–272, § 1133(1), added subpar. (D)

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 118–272, § 1133(1), added subpar. (D).

  23. Pub. L. 118–272 § 1133(2)(A) · 138 Stat. 3024

    Inserted · 33 U.S.C. § 2352(a)(2)

    Pub. L. 118–272, § 1133(2)(A), inserted “Indian Tribe,” after “public-utility company,” in two places

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 118–272, § 1133(2)(A), inserted “Indian Tribe,” after “public-utility company,” in two places.

  24. Pub. L. 118–272 § 1133(2)(B) · 138 Stat. 3024

    Inserted · 33 U.S.C. § 2352(a)(2)(A)

    Pub. L. 118–272, § 1133(2)(B), inserted “, including an aquatic ecosystem restoration project” before period at end

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 118–272, § 1133(2)(B), inserted “, including an aquatic ecosystem restoration project” before period at end.

  25. Pub. L. 118–272 § 1133(3) · 138 Stat. 3024

    Struck · 33 U.S.C. § 2352(a)(4)

    Pub. L. 118–272, § 1133(3), struck out par. (4), which required the Comptroller General to carry out a followup study of the implementation of par. (2)

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 118–272, § 1133(3), struck out par. (4), which required the Comptroller General to carry out a followup study of the implementation of par. (2).

37 of 41 references resolved to an enrolled provision · 4 unresolved

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Section was formerly classified as a note under section 2201 of this title.

Amendments2003–2025 · 11 rounds

2025

Subsec. (a)(1)(D). Pub. L. 118–272, § 1133(1), added subpar. (D).

Subsec. (a)(2). Pub. L. 118–272, § 1133(2)(A), inserted “Indian Tribe,” after “public-utility company,” in two places.

Subsec. (a)(2)(A). Pub. L. 118–272, § 1133(2)(B), inserted “, including an aquatic ecosystem restoration project” before period at end.

Subsec. (a)(4). Pub. L. 118–272, § 1133(3), struck out par. (4), which required the Comptroller General to carry out a followup study of the implementation of par. (2).

2022

Subsec. (a)(2). Pub. L. 117–263 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

2018

Subsec. (a)(3). Pub. L. 115–270, § 1145(1), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The authority provided under paragraph (2) to a public-utility company, natural gas company, or railroad carrier shall expire on the date that is 10 years after .”

Subsec. (a)(4), (5). Pub. L. 115–270 redesignated par. (5) as (4) and substituted “” for “4 years after ” and “carry out a followup study” for “carry out a study”.

2016

Subsec. (a)(1)(C). Pub. L. 114–322, § 1125(1), added subpar. (C).

Subsec. (a)(2). Pub. L. 114–322, § 1125(2), substituted “, natural gas company, or railroad carrier” for “or natural gas company” and “, company, or carrier” for “or company”.

Subsec. (a)(3). Pub. L. 114–322, § 1125(3), substituted “, natural gas company, or railroad carrier” for “or natural gas company” and “10 years” for “7 years”.

Subsec. (a)(5). Pub. L. 114–322, § 1125(4), substituted “, natural gas companies, and railroad carriers, including an evaluation of the compliance with the requirements of this section and, with respect to a permit for those entities, the requirements of applicable Federal laws” for “and natural gas companies”.

2014

Subsec. (a)(1), (2). Pub. L. 113–121, § 1006(1)(A), (B), substituted “Funding to process permits” for “In general” in subsec. heading, added par. (1), redesignated text of subsec. (a) as par. (2), inserted heading, and inserted “or a public-utility company or natural gas company” after “non-Federal public entity” and “or company” after “that entity”.

Subsec. (a)(3) to (5). Pub. L. 113–121, § 1006(1)(C), added pars. (3) to (5).

Subsecs. (d), (e). Pub. L. 113–121, § 1006(2), added subsecs. (d) and (e) and struck out former subsecs. (d) and (e) which read as follows:

“(d) Public Availability.—The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet.

“(e) Duration of Authority.—The authority provided under this section shall be in effect from , through .”

2010

Subsec. (a). Pub. L. 111–315, § 1(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary, after public notice, may accept and expend funds contributed by non-Federal public entities to expedite the evaluation of permits under the jurisdiction of the Department of the Army.”

Subsec. (b). Pub. L. 111–315, § 1(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally.”

Subsecs. (c) to (e). Pub. L. 111–315, § 1(2)–(4), added subsecs. (c) and (d), redesignated former subsec. (c) as (e), and, in subsec. (e), substituted “2016” for “2010”.

2009

Subsec. (c). Pub. L. 111–120 substituted “2010” for “2009”.

2007

Subsec. (c). Pub. L. 110–114 substituted “2009” for “2008”.

2006

Subsec. (c). Pub. L. 109–434 substituted “” for “”.

Pub. L. 109–209 substituted “” for “”.

2005

Subsec. (a). Pub. L. 109–99, § 1(1), substituted “The” for “In fiscal years 2001 through 2005, the”.

Subsec. (c). Pub. L. 109–99, § 1(2), added subsec. (c).

2003

Subsec. (a). Pub. L. 108–137 substituted “2005” for “2003”.

Statutory Notes and Related Subsidiaries

Processing Timelines

Pub. L. 118–272, div. A, title I, § 1106, , 138 Stat. 3002, provided that: “Not later than 30 days after the end of each fiscal year, the Secretary [of the Army] shall ensure that the public website for the ‘permit finder’ of the Corps of Engineers accurately reflects the current status of permits for which funds have been contributed under section 214 of the Water Resources Development Act of 2000 (33 U.S.C. 2352).”

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.

Credits

2000–2025 · 13 acts
  1. 2000Pub. L. 106–541, title II, § 214, , 114 Stat. 2594
  2. 2003Pub. L. 108–137, title I, § 114, , 117 Stat. 1836
  3. 2005Pub. L. 109–99, § 1, , 119 Stat. 2169
  4. 2006Pub. L. 109–209, § 1, , 120 Stat. 318
  5. 2006Pub. L. 109–434, § 1, , 120 Stat. 3197
  6. 2007Pub. L. 110–114, title II, § 2002, , 121 Stat. 1067
  7. 2009Pub. L. 111–120, § 1, , 123 Stat. 3478
  8. 2010Pub. L. 111–315, § 1, , 124 Stat. 3450
  9. 2014Pub. L. 113–121, title I, § 1006, , 128 Stat. 1212
  10. 2016Pub. L. 114–322, title I, § 1125, , 130 Stat. 1648
  11. 2018Pub. L. 115–270, title I, § 1145, , 132 Stat. 3785
  12. 2022Pub. L. 117–263, div. H, title LXXXI, § 8135, , 136 Stat. 3722
  13. 2025Pub. L. 118–272, div. A, title I, § 1133, , 138 Stat. 3024.
Show as published

(Pub. L. 106–541, title II, § 214, , 114 Stat. 2594; Pub. L. 108–137, title I, § 114, , 117 Stat. 1836; Pub. L. 109–99, § 1, , 119 Stat. 2169; Pub. L. 109–209, § 1, , 120 Stat. 318; Pub. L. 109–434, § 1, , 120 Stat. 3197; Pub. L. 110–114, title II, § 2002, , 121 Stat. 1067; Pub. L. 111–120, § 1, , 123 Stat. 3478; Pub. L. 111–315, § 1, , 124 Stat. 3450; Pub. L. 113–121, title I, § 1006, , 128 Stat. 1212; Pub. L. 114–322, title I, § 1125, , 130 Stat. 1648; Pub. L. 115–270, title I, § 1145, , 132 Stat. 3785; Pub. L. 117–263, div. H, title LXXXI, § 8135, , 136 Stat. 3722; Pub. L. 118–272, div. A, title I, § 1133, , 138 Stat. 3024.)

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USLM identifier /us/usc/t33/s2352