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Code · U.S. Code · Title 33 - NAVIGATION AND NAVIGABLE WATERS · CHAPTER 36— WATER RESOURCES DEVELOPMENT · SUBCHAPTER V— GENERAL PROVISIONS · § 2345

§ 2345. Electronic submission and tracking of permit applications

922 words·~4 min read·/usc/title-33/section-2345

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(a)Development of electronic system
(1)In general 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.
(2)Inclusion The electronic system required under paragraph
(1)shall address—
(A)applications for standard individual permits;
(B)applications for letters of permission;
(C)joint applications with States for State and Federal permits;
(D)applications for emergency permits;
(E)applications or requests for jurisdictional determinations; and
(F)preconstruction notification submissions, when required for a nationwide or other general permit.
(3)Improving existing data systems 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.
(4)Protection of information 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.
(b)System requirements The electronic system required under subsection
(a)shall—
(1)enable an applicant or requester to prepare electronically an application for a permit or request;
(2)enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;
(3)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;
(4)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
(5)enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—
(A)allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;
(B)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
(C)allow identification and display of the location of the activities subject to a permit or request through a map-based interface.
(c)Documentation 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.
(d)Record of determinations
(1)In general 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.
(2)Archiving of information 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).
(e)Availability of determinations
(1)In general 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.
(2)Protection of information 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.
(f)Deadline for electronic system implementation
(1)In general 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.
(2)Update on electronic system implementation 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.
(g)Applicability 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.
(h)Limitation 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.
(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.)
Connections44 cite this · traces to 3
Cited by 44 sections · top 23
bill
5 references not yet in our index
  • Pub. L. 110–114, title II, § 2040
  • 121 Stat. 1100
  • 130 Stat. 1654
  • 136 Stat. 3764
  • section 2 of Pub. L. 110–114
Citation graph
cites case law
§ 2345
Electronic submission and tracking of permit applications
Bills×36
Stat. Comp.×3
Stat.×3
Pub. L.×2
Pub. L.Pub. L. 110–114, title II, § 2040
Stat.121 Stat. 1100
Stat.130 Stat. 1654
Stat.136 Stat. 3764
Pub. L.section 2 of Pub. L. 110–114
Cites 8Cited by 44 across 4 sources
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