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Water Resources Development Act

The Water Resources Development Act of 2000 (WRDA 2000, Public Law No. 106-541) as amended, allows the Corps to accept funds from non-federal public entities to provide priority review of their permit actions.

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a. 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. *

b. 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.

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 Charleston District are used primarily to hire additional staff to expedite the evaluation of permit applications designated by the non-Federal public entity.

*The House of Representatives Bill (H.R. 6184) Public Law 111-315 extended the expiration of WRDA 2000 Section 214 to December 31, 2016.
 

To view a complete version of the Water Resources Development Act of 2000 click here

“On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). With guaranteed funding for highways, highway safety, and public transportation totaling $244.1 billion, SAFETEA-LU represents the largest surface transportation investment in our Nation's history. The two landmark bills that brought surface transportation into the 21st century—the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21)—shaped the highway program to meet the Nation's changing transportation needs. SAFETEA-LU builds on this firm foundation, supplying the funds and refining the programmatic framework for investments needed to maintain and grow our vital transportation infrastructure.

SAFETEA-LU addresses the many challenges facing our transportation system today – challenges such as improving safety, reducing traffic congestion, improving efficiency in freight movement, increasing intermodal connectivity, and protecting the environment – as well as laying the groundwork for addressing future challenges. ^1

Conducting an efficient and effective environmental review process requires coordination and collaboration between State transportation agencies and resource agencies. However, numerous demands on resource agency staff time often limit the ability of staff to participate in State transportation project planning or to expedite project reviews. Section 1309 of the Transportation Equity Act for the 21st Century (TEA-21), which was enacted in 1998, mandated an environmental streamlining process that improved transportation project delivery while protecting and enhancing the environment. One of the key elements of this process was cooperation between transportation and environmental resource agencies to develop and adhere to realistic project-development timeframes. Recognizing insufficient staff levels as a barrier to streamlining the environmental review process, TEA-21 allowed States to use Federal-aid project funds to provide additional resources to agencies that participate in the process, including Federal and State agencies and federally recognized Indian Tribes.

Building on and expanding the TEA-21 foundation, SAFETEA-LU was signed into law in August 2005. Several SAFETEA-LU provisions focused on improving efficiency in the highway program and project delivery. The Act also maintained Federal-aid project funds to support expedited environmental review and expanded eligibility of funding to include transportation planning activities. As outlined in SAFETEA-LU Section 6002 and codified in 23 USC Section 139(j), activities for which funds may be provided include transportation planning activities that precede the initiation of the environmental review process, dedicated staffing, training of agency personnel, information-gathering and mapping, and development of programmatic agreements.

In many cases, such funds have been used to employ staff at resource agencies who are dedicated to working on State DOT projects. The terms 'funded positions,' 'external liaisons,' and 'funded liaisons' refer to dedicated staff (commonly housed at regulatory or resource agencies) funded by State DOTs to work on matters such as expedited project review and delivery." ^2

1 Source: http://www.fhwa.dot.gov/safetealu/summary.htm
2 Source: http://www.environment.fhwa.dot.gov/strmlng/fundedPositionsReport/report.asp

 

 The Charleston District Corps of Engineers has 3 project managers which work solely on SCDOT transportation projects. WRDA allows the Corps to accept funds while SAFETEA-LU allows Federal Highway Administration (FHWA) and South Carolina Department of Transportation (SCDOT) to fund these positions. The Charleston District has a Cooperative Agreement with FHWA and SCDOT which outlines the provisions of the Agreement, along with the responsibilities of each agency. The Agreement stresses that while the funded positions allow for priority review of transportation projects they will not affect the Corps' impartial decision making in any way. The dedicated positions allow for early coordination in transportation project planning and timely review of projects.

The Charleston District's point of contact is:

Chief, Special Projects Branch
Regulatory Division
843-329-8044

To ensure funds received from a non-Federal, public entity will not impact impartial decision-making, the Corps established procedures which include the following:

  • All final permit decisions must be reviewed by at least one level above the WRDA/ SAFETEA-LU funded project manager.
  • All final permit decisions will be made available on the District’s Web page.
  • The Corps will not eliminate any procedures or decisions that would otherwise be required for that type of project and permit application under consideration.
  • The Corps will comply with all applicable laws and regulations.

The Cooperative Agreement between the US Army Corps of Engineers- Charleston District, Federal Highway Administration, and State of South Carolina Department of Transportation is available for review by the public.  The latest Cooperative Agreement is below:

5th Cooperative Agreement

These reports are lists  of final Corps’ actions taken in response to applications and requests from the SC Department of Transportation.