33 U.S.C. § 2347: Coordination and scheduling…

Summary

When a non-Federal group files a written notice saying it plans to build or change a project that needs the Secretary’s OK — such as water supply, wastewater, flood or storm protection, ecosystem restoration, or navigation work — the Secretary must start steps to set up a timetable to combine federal, state, local, and tribal environmental reviews and permits. States and tribes with authority are invited to join but do not have to. The Secretary must try to merge hearings, comment periods, data gathering, and reviews where possible, and must tell the non-Federal group what data it must provide and when. The non-Federal group must pay the costs of setting up and running this schedule. No later than 3 years after November 8, 2007, the Secretary must send Congress a report estimating how long it takes to get all federal, state, local, and tribal permits for these kinds of non-Federal construction projects.

Title 33, §2347

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Notice of intent

Upon request of the non-Federal interest in the form of a written notice of intent to construct or modify a non-Federal water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, or navigation project that requires the approval of the Secretary, the Secretary shall initiate, subject to subsection (c), procedures to establish a schedule for consolidating Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and issuance of all permits for the construction or modification of the project. All States and Indian tribes having jurisdiction over the proposed project shall be invited by the Secretary, but shall not be required, to participate in carrying out this section with respect to the project.

(b)Coordination

The Secretary shall seek, to the extent practicable, to consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The Secretary shall notify, to the extent possible, the non-Federal interest of its responsibilities for data development and information that may be necessary to process each permit required for the project, including a schedule when the information and data should be provided to the appropriate Federal, State, or local agency or Indian tribe.

(c)Costs of coordination

The costs incurred by the Secretary to establish and carry out a schedule to consolidate Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and permit issuance for a project under this section shall be paid by the non-Federal interest.

(d)Report on timesavings methods

Not later than 3 years after November 8, 2007, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, local, and tribal permits for the construction of non-Federal projects for water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, and navigation.

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.

Statutory Notes and Related Subsidiaries

Local Government Reservoir Permit Review Pub. L. 115–270, title I, § 1119, Oct. 23, 2018, 132 Stat. 3777, as amended by Pub. L. 116–260, div. AA, title III, § 343, Dec. 27, 2020, 134 Stat. 2715, provided that: “(a) In General.—During the 10-year period after the date of enactment of this section [Oct. 23, 2018], the Secretary [of the Army] shall expedite review of applications for covered permits, if the permit applicant is a local governmental entity with jurisdiction over an area for which—“(1) any portion of the water resources available to the area served by the local governmental entity is polluted by chemicals used at a formerly used defense site under the jurisdiction of the Department of Defense that is undergoing (or is scheduled to undergo) environmental restoration under chapter 160 of title 10, United States Code; and “(2) mitigation of the pollution described in paragraph (1) is ongoing. “(b) Covered Permit Defined.—In this section, the term ‘covered permit’ means a permit to be issued by the Secretary to modify a reservoir, with respect to which not less than 80 percent of the water rights are held for drinking water supplies, in order to accommodate projected water supply needs of an area with a population of less than 80,000. “(c) Limitations.—Nothing in this section affects any obligation to comply with the provisions of any Federal law, including—“(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and “(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).” “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.

§2347 Coordination and Scheduling of Federal, State, and Local Actions

Summary

Title 33, §2347

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata