Title 33, Navigation and Navigable WatersRelease 119-110

§2345 Electronic Submission and Tracking of Permit Applications

Title 33 › CHAPTER 36 — WATER RESOURCES DEVELOPMENT › SUBCHAPTER V — GENERAL PROVISIONS › § 2345

Last updated Sep 22, 2026|Official source

Summary

The Secretary must build and run an online system so people can fill out and send permit applications and requests for jurisdictional decisions electronically. The system must cover six types of filings (like standard individual permits, letters of permission, joint State/Federal permits, emergency permits, jurisdictional determinations, and preconstruction notifications for nationwide or general permits). It should be tied into the Corps of Engineers’ existing systems when possible and must protect personal, private, privileged, confidential, proprietary, and other information the law bars from disclosure. The system must let users prepare forms, send completed forms and supporting data by email or online, use an interactive help guide, and track applications so users can see if a case is pending or final, view results of past filings in an area, and see activity locations on a map. All permit decisions and jurisdictional determinations must be written and include supporting documentation. The Secretary must keep each record for at least 5 years and look into archiving older records. Records must be made available to the public for review and copying, subject to the same protections for private or legally protected information. The system must be in place, as much as possible, no later than 2 years after December 23, 2022, and the Secretary must send quarterly implementation updates to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. The written documentation, recordkeeping, and public-availability rules apply to filings submitted after December 16, 2016. Submitting a paper copy through the Chief of Engineers is still allowed.

Full Legal Text

Title 33, §2345

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Development of electronic system
(1)In general
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)Inclusion
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)Improving existing data systems
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)Protection of information
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)System requirements
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)Documentation
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)Record of determinations
(1)In general
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)Archiving of information
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)Availability of determinations
(1)In general
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)Protection of information
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)Deadline for electronic system implementation
(1)In general
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)Update on electronic system implementation
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)Applicability
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)Limitation
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2345

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110