33 U.S.C. § 2352
Section 2352 · Funding to process permits
Current version, with additions and removals from the December 16, 2016 version.
(1) Definitions
(1) Definitions
In this subsection:
In this subsection:
(A) Natural gas company
(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.
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
(B) Public-utility company
The term "public-utility company" has the meaning given the term in section 16451 of title 42.
The term "public-utility company" has the meaning given the term in section 16451 of title 42.
(C) Railroad carrier
(C) Railroad carrier
The term "railroad carrier" has the meaning given the term in section 20102 of title 49.
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
(2) Permit processing
(A) In general
(3) Limitation for public-utility and natural gas companies
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.
(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.
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.
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 June 10, 2014, 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, 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.
(1) In general
(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.
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
(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—
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—
(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
(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
(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.
(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.
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).
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).
(1) In general
(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.
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
(2) Decision document
The Secretary shall—
The Secretary shall—
(A) use a standard decision document for evaluating all permits using funds accepted under this section; and
(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.
(B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.
(3) Agreements
(3) Agreements
The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.
The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.
(1) In general
(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—
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;
(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
(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.
(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
(2) Submission
Not later than 90 days after the end of each fiscal year, the Secretary shall—
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
(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.
(B) make each report received under subparagraph (A) available on a single publicly accessible Internet site.