Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2352. Funding to process permits
Statutory text
Funding to process permits
Definitions
In this subsection:
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.
Public-utility company
The term “public-utility company” has the meaning given the term in section 16451 of title 42.
Railroad carrier
The term “railroad carrier” has the meaning given the term in section 20102 of title 49.
Indian Tribe
The term “Indian Tribe” means—
an Indian Tribe, as such term is defined in section 5304 of title 25; and
any entity formed under the authority of one or more Indian Tribes, as so defined.
Permit processing
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.
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—
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
expediting evaluation of the instrument is necessary to expedite evaluation of the permit described in that subparagraph.
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.
Effect on permitting
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.
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—
be reviewed by—
the District Commander, or the Commander’s designee, of the Corps District in which the project or activity is located; or
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
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.
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).
Public availability
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.
Decision document
The Secretary shall—
use a standard decision document for evaluating all permits using funds accepted under this section; and
make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.
Agreements
The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.
Reporting
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 comprehensive list of any funds accepted under this section during the previous fiscal year;
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
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.
Submission
Not later than 90 days after the end of each fiscal year, the Secretary shall—
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
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.
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. 2594Enacted 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.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”.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”; andPub. 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.” .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”.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”.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”.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”.Pub. L. 111–315 § 1(1) · 124 Stat. 3450
Added · 33 U.S.C. § 2352(a)
Pub. L. 111–315, § 1(1), added subsec. (a)
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.” ;Pub. L. 111–315 § 1(3) · 124 Stat. 3450
Added · 33 U.S.C. § 2352(b)
Pub. L. 111–315, § 1(3), added subsec. (b)
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.” ; andPub. L. 111–315 § 1(2) · 124 Stat. 3450
Added · 33 U.S.C. § 2352(c)(e)
Pub. L. 111–315, § 1(2)–(4), added subsecs. (c) and (d)
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)
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);Water Resources Reform and Development Act of 2014
Pub. L. 113–121 § 1006(1)(A) · 128 Stat. 1193
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
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)
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)
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
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” ;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.” ; andWater Resources Reform and Development Act of 2014
Pub. L. 113–121 § 1006(2) · 128 Stat. 1193
Added · 33 U.S.C. § 2352(d); 33 U.S.C. § 2352(e)
Pub. L. 113–121, § 1006(2), added subsecs. (d) and (e)
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.” .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.” ;Water Resources Development Act of 2016
Pub. L. 114–322 § 1125(2) · 130 Stat. 1628
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”
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”;Water Resources Development Act of 2016
Pub. L. 114–322 § 1125(3) · 130 Stat. 1628
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”
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”; andWater 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”.Water Resources Development Act of 2018
Pub. L. 115–270 § 1145(1) · 132 Stat. 3765
Redesignated · 33 U.S.C. § 2352(a)(3)
Pub. L. 115–270, § 1145(1), redesignated par. (4) as (3)
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; andWater Resources Development Act of 2018
Pub. L. 115–270 title I § 1145 · 132 Stat. 3765
Redesignated · 33 U.S.C. § 2352(a)(4); 33 U.S.C. § 2352(a)(5)
Pub. L. 115–270 redesignated par. (5) as (4)
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”
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”.Water Resources Development Act of 2022
Pub. L. 117–263 div. H title LXXXI § 8135 · 136 Stat. 2395
Amended · 33 U.S.C. § 2352(a)(2)
Pub. L. 117–263 designated existing provisions as subpar. (A)
Inserted · 33 U.S.C. § 2352(a)(2)
Pub. L. 117–263 inserted heading
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.” .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).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.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.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
- 2000Pub. L. 106–541, title II, § 214, , 114 Stat. 2594
- 2003Pub. L. 108–137, title I, § 114, , 117 Stat. 1836
- 2005Pub. L. 109–99, § 1, , 119 Stat. 2169
- 2006Pub. L. 109–209, § 1, , 120 Stat. 318
- 2006Pub. L. 109–434, § 1, , 120 Stat. 3197
- 2007Pub. L. 110–114, title II, § 2002, , 121 Stat. 1067
- 2009Pub. L. 111–120, § 1, , 123 Stat. 3478
- 2010Pub. L. 111–315, § 1, , 124 Stat. 3450
- 2014Pub. L. 113–121, title I, § 1006, , 128 Stat. 1212
- 2016Pub. L. 114–322, title I, § 1125, , 130 Stat. 1648
- 2018Pub. L. 115–270, title I, § 1145, , 132 Stat. 3785
- 2022Pub. L. 117–263, div. H, title LXXXI, § 8135, , 136 Stat. 3722
- 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.)