News Release
| Release Number: | 03-173 |
| Dated: | 10/9/2003 |
| Contact: | Public Affairs Office, 503-808-4510 |
Portland, Ore.-The U.S. Army Corps of Engineers is seeking comments on a proposal to accept and expend funds from the Oregon Department of Transportation (ODOT) to assist with the successful implementation of the state's bridge replacement program, as well as other ODOT permit applications.
The bridge replacement program is part of the Oregon Transportation Investment Act III, $2.5 billion bridge-and-highway-financing package recently signed into law by Gov. Ted Kulongoski.
The proposal to accept funds is a result of authorization in Section 214 of the Water Resources Development Act (WRDA) of 2000, which allows the Corps to accept and expend funds contributed by non-federal entities to expedite the evaluation of Department of the Army permit applications.
In recent years, the workload of Portland District's Regulatory Branch has increased significantly due to the listing of various salmon and trout species under the Endangered Species Act in the 1990s. The resulting backlog of applications has increased as the number of decisions has decreased.
The Section 214, WRDA, authority is designed to enable the Corps Regulatory Program to expedite the processing of public projects. Participating agencies can expect some of their permit applications to receive expedited processing, and to the degree considered appropriate, they can set priorities.
The additional funds would allow the Corps' Regulatory Branch to hire additional personnel to expedite the review of ODOT permit applications.
To ensure accepted funds do not influence impartial decision making, the Corps will follow several procedures when deciding whether or not to issue a permit. Permit decisions will be reviewed by at least one level above the decision maker. All permit decisions will be available on the Portland District Regulatory website. Regular procedures for permit evaluations, as well as all applicable laws and regulations, will be followed at all times. Funds only will be used to expedite the final decisions and not for the decision maker's process.
"It's important for the public to realize the acceptance of funding from ODOT will not influence decision-making on whether or not to issue Department of the Army permits for ODOT projects," said Susan Sturges, project manager for the implementation of Section 214 of WRDA 2000 in Portland District. "If funding is received, it will help pay for the resources needed to accommodate the number of permit applications being requested for ODOT projects.
"It's also important to know the acceptance of funds should not negatively affect current regulatory operations or increase the waiting time for other applicants' permit evaluations," said Sturges. "In fact, with resources freed up from ODOT projects, regulatory personnel should have more time to devote to other permit applications."
As part of its process, the Corps is requesting public review and comment on this proposal prior to making its decision.
For a copy of the Corps' Public Notice WRDA 2000, which describes the proposal in detail, please write to U.S. Army Corps of Engineers, ATTN: CENWP-OP-GP (Susan Sturges), P.O. Box 2946, Portland, OR 97208-2946 or call (503) 808-4381. A copy of the public notice is posted on the Corps' Internet site at https://www.nwp.usace.army.mil/op/g/notices/wrda.pdf.
Written comments must reach the Corps by Oct. 24, 2003, and should be mailed to the above address. Send e-mail comments to Susan.M.Sturges@usace.army.mil. Comments must reference the public notice number.
The Department of the Army regulatory program is one of the oldest in the federal government. Initially it served a simple, straightforward purpose: to protect and maintain the navigable capacity of the nation's waters. In 1972, the Clean Water Act was signed into law and the Department of the Army was directed to administer Section 404 of the Clean Water Act, which pertained to the regulation of certain activities undertaken in waters of the United States.
In 1975, the Corps' jurisdiction was increased by court order to include wetlands as part of its definition of waters of the U.S.
The permit evaluation process includes a public notice with a public comment period. Application for complex projects also may require a public hearing before the Corps makes a permit decision. In its evaluation of applications, the Corps is required by law to consider all factors involving the public interest. These may include environmental concerns, economics, historical values, fish and wildlife, aesthetics, flood damage prevention, land-use classifications, navigation, recreation, water supply, water quality, energy needs, food production and the general welfare of the public.
To find out more about the Corps of Engineers Regulatory Program in Oregon, please visit https://www.nwp.usace.army.mil/op/g/.