124 STAT. 3450 PUBLIC LAW 111–315—DEC. 18, 2010 Public Law 111–315 111th Congress An Act To amend the Water Resources Development Act of 2000 to extend and modify the program allowing the Secretary of the Army to accept and expend funds contributed by non-Federal public entities to expedite the evaluation of permits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUNDING TO PROCESS PERMITS. Section 214 of the Water Resources Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 1836; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 3197; 121 Stat. 1067; 123 Stat. 3478) is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) IN GENERAL.—The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a project or activity for a public purpose under the jurisdiction of the Department of the Army.’’; (2) by redesignating subsection (c) as subsection (e); (3) by striking subsection (b) and inserting the following: ‘‘(b) EFFECT ON PERMITTING.— ‘‘(1) IN GENERAL.—In carrying out this section, the Sec- retary shall ensure that the use of funds accepted under sub- section (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. ‘‘(2) IMPARTIAL DECISIONMAKING.—In carrying out this sec- tion, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall— ‘‘(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 ‘‘(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. ‘‘(c) LIMITATION ON USE OF FUNDS.—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). ‘‘(d) PUBLIC AVAILABILITY.—The Secretary shall ensure that all final permit decisions carried out using funds authorized under Notice. Dec. 18, 2010 [H.R. 6184]
