SAVANNAH DISTRICT

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Initiatives (WRDA 214)

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Section 214 of the Water Resources Development Act of 2000

The Water Resources Development Act of 2000 (WRDA 2000, Public Law No. 106-541) as amended, allows the US Army Corps of Engineers (USACE) 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.

Effects 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 was extended under Section 2002 of Water Resources Development Act of 2007 (PL 110-114) until December 31, 2009. On December 18, 2010, the President signed into law the extension of WRDA 214 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 Savannah District, USACE.

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.

USACE Regulatory Program is funded as a congressionally appropriated line item in the annual Federal budget. Additional funds received by the Savannah District from a non-Federal public entity are used to augment the Savannah 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.

To ensure funds received from a from a non-Federal public entity will not impact impartial decision-making, the following procedures have been established:
All final permit decisions for cases where these funds are used must be reviewed at least by one level above the decision maker, unless the decision maker is the District Commander.
All final permit decisions for cases where these funds are used will be made available on the Savannah District web page.
USACE will not eliminate any procedures or decisions that would otherwise be required for that type of project and permit application under consideration.
USACE will comply with all applicable laws and regulations.
Funds will only be expended to provide priority review of the participating non-federal entity’s permit application.

Georgia Department of Transportation - Section 214 Projects

On October 22, 2006, the Savannah District determined that acceptance and expenditure of funds contributed by the Georgia Department of Transportation (GADOT), a non-Federal public entity, would be in accordance with Section 214 of the Water Resources Development Act of 2000. These funds are to be used for priority evaluation of Department of the Army permit applications submitted by the GADOT. Below is the May 9, 2014, renewal of the Memorandum of Agreement between the Georgia Department of Transportation and the Savannah District, US Army Corps of Engineers for position funding which was established pursuant to this section and a list of permits that have been issued to the GADOT since our initial agreement was signed.