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Acceptance of Funds from the Tennessee Department of Transportation

Public Notice No. 16-43 Nashville District June 27, 2017 Please address all comments to: Nashville District Corps of Engineers Regulatory Division (Attn: Lisa R. Morris) 32701 Bell Road, Nashville, Tennessee 37214 SUBJECT: Acceptance of Funds from the Tennessee Department of Transportation The purpose of this Special Public Notice is to inform the public that the U.S. Army Corps of Engineers, Nashville District (Corps) has decided to accept and expend funds contributed by the Tennessee Department of Transportation (TDOT). The funds would be used to expedite processing of TDOT Department of the Army (DA) permit applications. Section 214 authorizes the Secretary of the Army to accept and expend funds contributed by a non-Federal public entity, following a public notice, to expedite the evaluation of permit applications of that entity related to a project or activity for a public purpose under the jurisdiction of the DA. In doing so, the Secretary must ensure that the use of such funds will not impact impartial decision-making with respect to permits, either substantively or procedurally. The Secretary of the Army has delegated this responsibility to the Chief of Engineers and his authorized representatives, including District Commanders of the U.S. Army Corps of Engineers. On October 23, 2015, the Corps issued a public notice announcing its preliminary intent to accept funds contributed by TDOT to expedite processing of TDOT DA permit applications. The Nashville District received no comments in response to the public notice regarding acceptance of funds from TDOT. The Nashville District's acceptance of funds is expected to expedite the processing of TDOT DA permit applications in accordance with the provisions of Section 214. Funds will be expended primarily on the direct labor and overhead of Corps Regulatory personnel evaluating TDOT’s DA permit applications. To ensure that the funds will not impact impartial decision-making, the following procedures will apply: a. In cases where funds provided to the Corps by TDOT are used, all final permit decisions, including reporting general permit verifications, will be reviewed and signed by at least one level above the decision maker, unless the decision maker is the District Commander. b. All jurisdictional determinations made on projects where funds are used will have documentation that a non-funded Regulator reviewed the determination. c. All final permit decisions, including all reporting general permit verifications, for cases where these funds are used will be made available and updated monthly on an appropriate web page in an area separate from any other final actions, clearly identifiable as being for projects funded through this authority. d. Any procedures or decisions that would otherwise be required for a specific type of project or permit under consideration cannot be eliminated; however, process improvements that are developed can be shared for all members of the regulated public to benefit. e. The Corps will comply with all applicable laws and regulations. f. Funds will not be expended for the review of the decision maker’s decision. g. Funds will not be used for enforcement activities. In light of the above facts, the Nashville District Commander has determined that acceptance and expenditure of funds contributed by TDOT to expedite processing of TDOT’s permit applications is in the general public’s interest. For additional information, please contact Lisa Morris, of my staff, at (615) 369-7504, or email Lisa.R.Morris@usace.army.mil.

/s/ Tammy R. Turley Chief, Regulatory Division US Army Corps of Engineers

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