§2345 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Require the Secretary to build and run an online system so people can prepare and send permit applications and requests for jurisdictional determinations electronically. The system must handle six types of filings: standard individual permits, letters of permission, joint State–Federal permits, emergency permits, jurisdictional determinations, and preconstruction notifications tied to nationwide or other general permits. It should plug into existing Corps of Engineers systems when practical and protect private, confidential, and legally protected information. Make it possible to fill out and submit forms and supporting files by email or over the Internet, use an online help guide while filling forms, and let applicants or their agents track an application’s status, see whether it is pending or final, view past filings and results in a geographic area, and display activity locations on a map. All decisions must be written with supporting documentation. Keep records at least 5 years and plan for longer-term archiving. Records must be open for public review and copying, except for protected information. Put the system in place, to the maximum extent practicable, no later than 2 years after December 23, 2022. Send quarterly implementation updates to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works. The written decision, recordkeeping, and public-access rules apply to filings made after December 16, 2016. Sending a paper copy is still allowed.

Title 33, §2345

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary.

(2)The electronic system required under paragraph (1) shall address—

(A)applications for standard individual permits;

(B)applications for letters of permission;

(C)joint applications with States for State and Federal permits;

(D)applications for emergency permits;

(E)applications or requests for jurisdictional determinations; and

(F)preconstruction notification submissions, when required for a nationwide or other general permit.

(3)The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable.

(4)The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law.

(b)The electronic system required under subsection (a) shall—

(1)enable an applicant or requester to prepare electronically an application for a permit or request;

(2)enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;

(3)enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request;

(4)provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and

(5)enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—

(A)allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;

(B)allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and

(C)allow identification and display of the location of the activities subject to a permit or request through a map-based interface.

(c)All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary.

(d)(1)The Secretary shall maintain, for a minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation supporting the basis of the decision or determination.

(2)The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1).

(e)(1)The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the public for review and reproduction.

(2)The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure.

(f)(1)The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after December 23, 2022.

(2)The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a quarterly update describing the status of the implementation of this section.

(g)The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after December 16, 2016.

(h)This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of a physical copy of a permit application or a request for a jurisdictional determination.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2022—Subsec. (f)(1). Pub. L. 117–263, § 8226(1), substituted “

December 23, 2022” for “

December 16, 2016”. Subsec. (f)(2). Pub. L. 117–263, § 8226(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Not later than 180 days after the expiration of the deadline under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the measures implemented and barriers faced in carrying out this section.” 2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to electronic submission of permit applications.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§2345 Electronic Submission and Tracking of Permit Applications