Sec. 105. Funding to process permits
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The Secretary, after public notice in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), may accept and expend funds for the development of a qualifying project under this subtitle, including the transfer to a participating agency for the purposes of this subtitle of funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity relating to a qualifying project. In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection
(a)shall not procedurally impact impartial decisionmaking with respect to permits. In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall— be reviewed by the Regional Director of the Bureau of the region in which the qualifying project is located (or a designee); and use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. In carrying out this section, the Secretary and the head of each participating agency receiving funds under this section for a qualifying project shall ensure that the use of the funds accepted under this section for the qualifying project shall not— substantively or procedurally impact impartial decisionmaking with respect to the issuance of permits; or diminish, modify, or otherwise affect the statutory or regulatory authorities of the participating agency. None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A) after the Regional Director of the Bureau completes the evaluation of permits. The Secretary shall ensure that all final permit decisions carried out using funds accepted under this section are made available to the public, including on the internet.