Section 214 of the Water Resources Development Act of 2000, as amended (33 U.S.C. §
2352, provides:
(a) FUNDING TO PROCESS PERMITS. –
(2) Permit Processing – The Secretary, after public notice, may accept and expend
funds contributed by a non-federal public entity, natural gas company, public utility
company, or railroad carrier to expedite the evaluation of a permit of that entity or
company related to a project or activity for a public purpose under the jurisdiction
of the Department of the Army.
(b) EFFECT ON PERMITTING. –
(1) IN GENERAL. – In carrying out this section, the Secretary shall ensure that the
use of funds accepted under sub-section (a) will not impact impartial decision
making with respect to permits, either substantively or procedurally.
The Secretary of the Army has delegated this responsibility to the Assistant Secretary
of the Army for Civil Works by memorandum dated January 8, 2018, re-delegated to
the Chief of Engineers by memorandum dated January 19, 2018, and further redelegated
to District and Division Commanders by memorandum dated April 18, 2018.
These delegations have since been superseded by updated delegation
memorandums, dated June 14, 2024, June 17, 2024, and June 18, 2024, respectively.
Definition of