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33 U.S.C. § 2354 — Funding to process permits
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim).
(C) *Railroad carrier* — The term “railroad carrier” has the meaning given the term in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim).
(D) *Indian Tribe* — The term “Indian Tribe” means—
(i) an Indian Tribe, as such term is defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim); 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 evaluatio
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Stable record: federal_law:legal_authorities:record_usc_c0637da015f710bfacdd6f21
Source file: Laws/federal/codes/united-states-code/title-33/section-2354-funding-to-process-permits--301c115acf.md
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Source location: Title 33, Chapter 36, § 2354; chapter-036-water-resources-development.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16451&num=0&edition=prelim).
(C) *Railroad carrier* — The term “railroad carrier” has the meaning given the term in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim).
(D) *Indian Tribe* — The term “Indian Tribe” means—
(i) an Indian Tribe, as such term is defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
(2) “railroad”—
(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
(4) “safety-related railroad employee” means—
(A) a railroad employee who is subject to chapter 211;
(B) another operating railroad employee who is not subject to chapter 211;
(C) an employee who maintai
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20102
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Federal law — U.S. Code and appendices · legal_authorities
In carrying out the activities of the Corps of Engineers, the Secretary, to the maximum extent practicable, shall encourage the use of durable and sustainable materials and resilient construction techniques that—
(1) allow a water resources infrastructure project—
(A) to resist hazards due to a major disaster; and
(B) to continue to serve the primary function of the water resources infrastructure project following a major disaster;
(2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and
(3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2352
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Federal law — U.S. Code and appendices · legal_authorities
The Commission may approve a participant funding plan that allocates costs related to transmission upgrades or new generator interconnection, without regard to whether an applicant is a member of a Commission-approved Transmission Organization, if the plan results in rates that—
(1) are just and reasonable;
(2) are not unduly discriminatory or preferential; and
(3) are otherwise consistent with sections 824d and 824e of title 16.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16451
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
Page 866
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2354
§ 2354. Easements for electric, telephone, or
broadband service facilities
(a) Definition of water resources development
project
In this section, the term ‘‘water resources de-
velopment project’’ means a project under the
administrative jurisdiction of the Corps of Engi-
neers that is subject to part 327 of title 36, Code
of Federal Regulations (or successor regula-
tions).
(b) No consideration for easements
The Secretary may not collect consideration
for an easement across water resources develop-
ment project land for the electric, telephone, or
broadband service facilities of nonprofit organi-
zations eligible for financing under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.).
(c) Administrative expenses
Nothing in this section affects the authority
of the Secretary under section 2695 of title 10 or
under section 9701 of title 31 to collect funds to
cover reasonable administrative expenses in-
curred by the Secretary.
(Pub. L. 114–322, title I, § 1172, Dec. 16, 2016, 130
Stat. 1671.)
Editorial Notes
REFERENCES IN TEXT
The Rural Electrification Act of 1936, referred to in
subsec. (b), is act May 20, 1936, ch. 432, 49 Stat. 1363,
which is classified generally to chapter 31 (§ 901 et seq.)
of Title 7, Agriculture. For complete classification of
this Act to the Code, see section 901 of Title 7 and Ta-
bles.
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also
known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises
this chapter.
Statutory Notes and Related Subsidiaries
NONRECREATION OUTGRANT POLICY
Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2354
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.