Review process

(a) In general Section 14(c) of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408), is amended— (1) in paragraph (1), by striking standardizing and inserting pursuant to subsection (a) to standardize; (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following: (A) discuss— (i) the process of applying for that permission, including— (I) the role and responsibilities of the non-Federal entity; (II) the requirements for an application to be determined complete by the Secretary; (III) the timelines associated with the review by the Secretary of that application consistent with the timelines established under subsection (d), including any circumstances or issues that may extend 1 or more of those timelines; and (IV) the options, as applicable, for processing the application, including— (aa) the use of a categorical permission; (bb) a single-phased review; or (cc) a multi-phased review; (ii) the process by which the Secretary will review an application; and (iii) any actions that the Secretary may take after approving an application;; and (3) in paragraph (3), by inserting or providing the technical assistance described in paragraph (4) after paragraph (2); and (4) by adding at the end the following: (4) Technical assistance (A) In general On the request of a non-Federal entity that intends to submit an application for permission pursuant to subsection (a), the Secretary may provide technical assistance to that entity with respect to the planning and development of that proposed action. (B) Methods The Secretary may provide technical assistance under this paragraph through— (i) a pre-application meeting described in paragraph (2); (ii) written guidance documents; or (iii) other appropriate means as determined by the Secretary.. (b) Sense of Congress It is the sense of Congress that the Secretary should expeditiously proceed with ongoing efforts of the Secretary to initiate a rulemaking process to transition Engineer Circular 1165–2-220 entitled Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408 and dated September 10, 2018, to a regulation in order to provide regulatory certainty to applicants for permissions under section 14 of the Act of March 3, 1899 (30 Stat. 1152, chapter 425; 33 U.S.C. 408). (c) Briefings Not later than 30 days after the date of enactment of this Act and every 30 days thereafter until the Secretary has initiated the rulemaking process described in subsection (b), the Secretary shall brief the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of that rulemaking process, including any reasons for the delay and any other challenges associated with initiating that rulemaking process.