II 

111TH CONGRESS 

2D SESSION H. R. 6184 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2010 

Received 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. FUNDING TO PROCESS PERMITS. 

2 Section 214 of the Water Resources Development Act 

3 of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 

4 1836; 119 Stat. 2169; 120 Stat. 318; 120 Stat. 3197; 121 

5 Stat. 1067; 123 Stat. 3478) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) IN GENERAL.—The Secretary, after public no9 tice, may accept and expend funds contributed by a non10 Federal public entity to expedite the evaluation of a permit 

11 of that entity related to a project or activity for a public 

12 purpose under the jurisdiction of the Department of the 

13 Army.’’; 

14 (2) by redesignating subsection (c) as sub15 section (e); 

16 (3) by striking subsection (b) and inserting the 

17 following: 

18 ‘‘(b) EFFECT ON PERMITTING.— 

19 ‘‘(1) IN GENERAL.—In carrying out this sec20 tion, the Secretary shall ensure that the use of funds 

21 accepted under subsection (a) will not impact impar22 tial decisionmaking with respect to permits, either 

23 substantively or procedurally. 

24 ‘‘(2) IMPARTIAL DECISIONMAKING.—In carrying 

25 out this section, the Secretary shall ensure that the 


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1 evaluation of permits carried out using funds accept2 ed under this section shall— 

3 ‘‘(A) be reviewed by— 

4 ‘‘(i) the District Commander, or the 

5 Commander’s designee, of the Corps Dis6 trict in which the project or activity is lo7 cated; or 

8 ‘‘(ii) the Commander of the Corps Di9 vision in which the District is located if the 

10 evaluation of the permit is initially con11 ducted by the District Commander; and 

12 ‘‘(B) utilize the same procedures for deci13 sions that would otherwise be required for the 

14 evaluation of permits for similar projects or ac15 tivities not carried out using funds authorized 

16 under this section. 

17 ‘‘(c) LIMITATION ON USE OF FUNDS.—None of the 

18 funds accepted under this section shall be used to carry 

19 out a review of the evaluation of permits required under 

20 subsection (b)(2)(A). 

21 ‘‘(d) PUBLIC AVAILABILITY.—The Secretary shall en22 sure that all final permit decisions carried out using funds 

23 authorized under this section are made available to the 

24 public, including on the Internet.’’; and 


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1 (4) in subsection (e) (as redesignated) by strik2 ing ‘‘2010’’ and inserting ‘‘2016’’. 

3 SEC. 2. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO 

4 ACT OF 2010. 

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

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the House Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

Passed the House of Representatives December 1, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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