Authorizations for these agreements originated in Section 214 of the Water Resources Development Act of 2000 (WRDA 2000, Public Law No. 106-541). This law, as amended, allows the Corps to accept funds from non-federal public entities to provide priority review of their permit applications. Section 214 of WRDA 2000 reads as follows:
- IN GENERAL. In Fiscal Years 2001 through 2003, the Secretary (of the Army), after public notice, may accept and expend funds contributed by non-federal public entities to expedite the evaluation of permits under the jurisdiction of the Department of the Army.
- EFFECT ON PERMITTING. In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decision making with respect to permits, either substantively or procedurally.
This authority to enter in to these agreements was extended under House if Representatives Bill HR 6184 (PL 111-315) until December 31, 2016.
The Secretary of the Army has delegated this responsibility to the Chief of Engineers and his authorized representatives, including the Commander of the Little Rock District, U.S. Army Corps of Engineers.
Non-federal public entities are comprised of state and local governmental agencies and Indian tribal governments. They include, but are not limited to, local transportation agencies, port authorities, flood and storm water management agencies, and governmental economic development agencies.
The Corps’ Regulatory Program is funded as a congressionally appropriated line item in the annual Federal budget. Additional funds received by the Little Rock District from a non-Federal public entity are used to augment the Galveston District Regulatory budget, in accordance with the provisions of WRDA 2000 and EWDA 2004. Funds are used primarily to hire additional staff to expedite the evaluation of permit applications designated by the non-Federal public entity.
The Little Rock District point of contact in the Regulatory Division for WRDA Section 214 related issues can be reached at (501) 324-5295.
US Army Corps of Engineers Headquarters - WRDA
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/Section214.aspx
US Army Corps of Engineers Letter of Permission
Letter of Permission (LOP) Procedure for Obtaining Authorization for the Construction of Public Roadway Embankments and Bridges
Federal Guidelines
Guidance Memorandum Concerning Regulatory Program Funds Contributed by Non-Federal Public Entities
Final Permit Decisions Funded through the WRDA Section 214 Authority
Final Permit Decision
Cooperative Agreement Between the USACE, FHWA, and the AHTD Relative to Interagency Funding for the Department of the Army Permit Process on Federal-Aid Highway Projects in Arkansas
Cooperative WRDA Agreement