33 U.S.C. § 2352 — Funding to process permits

Page 863 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2352 (2) if the Secretary has not carried out reg- ular and routine Federal maintenance activity at the jetty, pile dike, or breakwater and— (A) the structural integrity of the jetty, pile dike, or breakwater is degraded as a re- sult of a lack of such regular and routine Federal maintenance activity; or (B) the pile dike has disconnected from an authorized navigation project as a result of a lack of such regular and routine Federal maintenance activity. (Pub. L. 117–263, div. H, title LXXXI, § 8101, Dec. 23, 2022, 136 Stat. 3695; Pub. L. 118–272, div. A, title I, § 1136, Jan. 4, 2025, 138 Stat. 3025.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fis- cal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsec. (a). Pub. L. 118–272, § 1136(1), inserted ‘‘, pile dike,’’ after ‘‘jetty’’ in two places. Subsec. (b). Pub. L. 118–272, § 1136(1), inserted ‘‘, pile dike,’’ after ‘‘jetty’’ wherever appearing. Subsec. (b)(2). Pub. L. 118–272 substituted ‘‘if the Sec- retary’’ for ‘‘if—’’ and ‘‘(A) the Secretary’’, ‘‘break- water and—’’ for ‘‘breakwater; and’’, redesignated former subpar. (B) as (A), and added subpar. (B). Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. § 2352. Funding to process permits (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 nat- ural 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 mean- ing 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 de- fined in section 5304 of title 25; and (ii) any entity formed under the author- ity of one or more Indian Tribes, as so de- fined. (2) Permit processing (A) In general The Secretary, after public notice, may ac- cept and expend funds contributed by a non- Federal public entity or a public-utility company, Indian Tribe, natural gas com- pany, or railroad carrier to expedite the evaluation of a permit of that entity, com- pany, or carrier related to a project or activ- ity for a public purpose under the jurisdic- tion of the Department of the Army, includ- ing 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 evalua- tion 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 instru- ment is necessary to expedite evaluation of the permit described in that subpara- graph. (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 sec- tion 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 contrib- uted 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, ei- ther 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 Com- mander’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 eval- uation of the permit is initially conducted by the District Commander; and (B) utilize the same procedures for deci- sions 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 evalua- tion of permits required under subsection (b)(2)(A). (d) Public availability (1) In general The Secretary shall ensure that all final per- mit decisions carried out using funds author- Page 864 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2352 ized under this section are made available to the public in a common format, including on the Internet, and in a manner that distin- guishes final permit decisions under this sec- tion 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, avail- able to the public, including on the Internet. (3) Agreements The Secretary shall make all active agree- ments to accept funds under this section avail- able on a single public Internet site. (e) Reporting (1) In general The Secretary shall prepare an annual re- port 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 ac- cepted under this section during the pre- vious fiscal year; (B) a comprehensive list of the permits re- viewed 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 mitiga- tion 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 ac- cepted 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 Environ- ment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives the annual report described in paragraph (1); and (B) make each report received under sub- paragraph (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; Pub. L. 118–272, div. A, title I, § 1133, Jan. 4, 2025, 138 Stat. 3024.) 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 sec- tion 2201 of this title. AMENDMENTS 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 exist- ing provisions as subpar. (A), inserted heading, and added subpar. (B). 2018—Subsec. (a)(3). Pub. L. 115–270, § 1145(1), redesig- nated par. (4) as (3) and struck out former par. (3) which read as follows: ‘‘The authority provided under para- graph (2) to a public-utility company, natural gas com- pany, or railroad carrier shall expire on the date that is 10 years after June 10, 2014.’’ 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’’. 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, includ- ing an evaluation of the compliance with the require- ments 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), redesig- nated 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 sub- secs. (d) and (e) and struck out former subsecs. (d) and (e) which read as follows: ‘‘(d) PUBLIC AVAILABILITY.—The Secretary shall en- sure 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 pro- vided under this section shall be in effect from October 1, 2000, through December 31, 2016.’’ 2010—Subsec. (a). Pub. L. 111–315, § 1(1), added subsec. (a) and struck out former subsec. (a). Prior to amend- ment, 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 decision- making 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’’. Page 865 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2353a 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 ‘‘Decem- ber 31, 2008’’ for ‘‘December 31, 2006’’. Pub. L. 109–209 substituted ‘‘December 31, 2006’’ for ‘‘March 31, 2006’’. 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, Jan. 4, 2025, 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 sec- tion 2 of Pub. L. 106–541, set out as a note under section 2201 of this title. § 2353. Structural health monitoring (a) In general The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure con- structed and maintained by the Corps of Engi- neers, including research, design, and develop- ment of systems and frameworks for— (1) response to flood and earthquake events; (2) predisaster mitigation measures; (3) lengthening the useful life of the infra- structure; and (4) identifying risks due to sea level rise. (b) Consultation and considerations In developing the program under subsection (a), the Secretary shall— (1) consult with academic and other experts; and (2) consider models for maintenance and re- pair information, the development of degrada- tion models for real-time measurements and environmental inputs, and research on quali- tative inspection data as surrogate sensors. (Pub. L. 114–322, title I, § 1151, Dec. 16, 2016, 130 Stat. 1661.) Editorial Notes 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 ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of this title. § 2353a. Aging infrastructure (a) Definitions In this section: (1) Aging infrastructure The term ‘‘aging infrastructure’’ means a water resources development project of the Corps of Engineers, or any other water re- sources, water storage, or irrigation project of another Federal agency, that is greater than 75 years old. (2) Enhanced inspection The term ‘‘enhanced inspection’’ means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as ‘‘LiDAR’’), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to de- tect whether the features of the aging infra- structure are structurally sound and can oper- ate as intended, or are at risk of failure. (b) Contracts for enhanced inspection (1) In general The Secretary may carry out enhanced in- spections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure. (2) Certain circumstances Subject to the availability of appropriations, or funds available pursuant to subsection (d), the Secretary shall enter into a contract de- scribed in paragraph (1), if— (A) the owner or operator of the aging in- frastructure requests that the Secretary carry out the enhanced inspections; and (B) the inspection is at the full expense of such owner or operator. (c) Limitation The Secretary shall not require a non-Federal entity associated with a project under the juris- diction of another Federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this sec- tion. (d) Funding The Secretary is authorized to accept funds from an owner or operator of aging infrastruc- ture, and may use such funds to carry out an en- hanced inspection pursuant to a contract en- tered into with such owner or operator under this section. (Pub. L. 116–260, div. AA, title I, § 138, Dec. 27, 2020, 134 Stat. 2651.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.