SPECIAL PUBLIC NOTICE
DECISION TO ACCEPT FUNDS FROM THE SAN FRANCISCO BAY RESTORATION AUTHORITY
PUBLIC NOTICE NUMBER: 2018-00204N
PUBLIC NOTICE DATE: May 7, 2020
SUBJECT: The purpose of this Public Notice is to inform the general public that the District Commander of the San Francisco District, U.S. Army Corps of Engineers (“Corps”) has decided to accept and expend funds contributed by the San Francisco Bay Restoration Authority (Restoration Authority). The Corps’ San Francisco District, Regulatory Division would allocate funds internally in order to expedite processing of the Restoration Authority’s Department of the Army pre-application project list and permit applications, subject to a series of limitations specified below.
BACKGROUND: On, March 6, 2020 the San Francisco District Commander determined that acceptance and expenditure of such funds would be in accordance with Section 214 of the Federal Water Resources Development Act of 2000, Public Law 106-541 (WRDA 2000), as amended by Public Law No. 113-121.
A series of procedural safeguards has been adopted to ensure that use of the funds will not impact impartial decision-making. These include:
(a) All final permit decisions for cases where these funds are used must be reviewed at least one level above the decision maker, unless the decision maker is the District Commander. For example, if the decision maker is the Chief of the Regulatory Division, then the reviewer would be the District Commander.
(b) All final permit decisions for applications where these funds are expended will be made available on the Corps Headquarters web page.
(c) The Corps will not eliminate any procedures or decisions that would otherwise be required for that type of project and permit application under consideration.
(d) The Corps will comply with all applicable laws and regulations.
(e) Funds will only be expended to provide priority review of the participating non-Federal entity’s priority project list.
From September 18, 2018 through October 18, 2018, the San Francisco District circulated a Special Public Notice, dated September 14, 2018, announcing its preliminary intent to accept and expend such funds. The Notice discussed the kinds of activities for which funds would be expended and solicited comments from the general public. No comments were received.
Information concerning WRDA, including documents referenced in this notice, may be found on our San Francisco District website at https://www.spn.usace.army.mil/Missions/Regulatory/Water-Resources-Development-Act/. If you have questions or need additional information please contact the North Branch Chief, Sahrye Cohen at (415) 503-6779 or by email: Sahrye Cohen@usace.army.mil.