H. R. 6184 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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 Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with 

respect to permits, either substantively or procedurally. 

‘‘(2) IMPARTIAL DECISIONMAKING.—In carrying out this section, 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 
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this section are made available to the public, including on the 

Internet.’’; and 

(4) in subsection (e) (as redesignated) by striking ‘‘2010’’ 

and inserting ‘‘2016’’. 

SEC. 2. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.