33 U.S.C. § 2345 — Electronic submission and tracking of permit applications
submitted 19 years ago by Pub. L. 110-114 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 708 words · no verdicts yet
The Secretary must create an electronic system for permit applications and jurisdictional requests, keep written records, and make decisions publicly available while protecting restricted information. The system must be implemented as far as practicable within two years after December 23, 2022.
(a)(1) The Secretary must research, develop, and implement an electronic system for preparing and submitting permit applications and requests for jurisdictional determinations under the Secretary’s authority. (2) It must cover standard individual permits, letters of permission, joint State and Federal permit applications, emergency permits, jurisdictional requests, and required preconstruction notices for nationwide or other general permits. (3) The Secretary must incorporate it into Corps systems and databases as far as practicable. (4) It must protect personal, private, privileged, confidential, proprietary, and legally protected information.
(b) The system must let applicants prepare and submit applications, requests, supporting data, and information online; provide an interactive guide; and let applicants or agents track status, including whether a matter is pending or final and its disposition, search earlier matters and results in a geographic area, and see activity locations on a map.
(c) Every permit decision and jurisdictional determination must be written and include supporting documentation. The Secretary must prescribe how to document them. (d)(1) The Secretary must keep each record and supporting documentation at least five years. (2) The Secretary must explore and implement a suitable way to archive records after five years. (e)(1) Records must be available to the public for review and copying. (2) The Secretary must protect information whose disclosure is restricted; such information may be withheld. (f)(1) As far as practicable, the Secretary must implement the system by two years after December 23, 2022. (2) The Secretary must quarterly update the two listed congressional committees about implementation. (g) Subsections (c), (d), and (e) apply to applications and jurisdictional requests submitted after December 16, 2016. (h) This section does not bar a physical application or request submitted through the Chief of Engineers.
The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary.
The electronic system required under paragraph (1) shall address—
applications for standard individual permits;
applications for letters of permission;
joint applications with States for State and Federal permits;
applications for emergency permits;
applications or requests for jurisdictional determinations; and
preconstruction notification submissions, when required for a nationwide or other general permit.
The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable.
The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law.
The electronic system required under subsection (a) shall—
enable an applicant or requester to prepare electronically an application for a permit or request;
enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;
enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request;
provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and
enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—
allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;
allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and
allow identification and display of the location of the activities subject to a permit or request through a map-based interface.
All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary.
The Secretary shall maintain, for a minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation supporting the basis of the decision or determination.
The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1).
The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the public for review and reproduction.
The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure.
The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after December 23, 2022.
The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a quarterly update describing the status of the implementation of this section.
The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after December 16, 2016.
This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of a physical copy of a permit application or a request for a jurisdictional determination.
Source credit: (Pub. L. 110–114, title II, § 2040, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, § 1134(a), Dec. 16, 2016, 130 Stat. 1654; Pub. L. 117–263, div. H, title LXXXI, § 8226, Dec. 23, 2022, 136 Stat. 3764.)
- 2007Enacted · Pub. L. 110-114 · 121 Stat. 1100
- 2016Amended · Pub. L. 114-322 · 130 Stat. 1654
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3764
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-114 on 2007-11-08.
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