Title
Authorization to Enter into a Section 214 Agreement between the City of Phoenix and U.S. Army Corps of Engineers to Expedite 33 U.S.C. 408 Permitting on City Projects (Ordinance S-48777)
Description
Request approval for the City Manager, or his designee, to enter into an agreement with the U.S. Army Corps of Engineers to expedite 33 U.S.C. 408 permitting for City of Phoenix priority projects. Further request to authorize the City Controller to disburse all funds related to this item. The total value of this agreement will not exceed $400,000.
Report
Summary
In accordance with the federal Clean Water Act, a 33 U.S.C. 408 (Section 408) permit is needed for projects beyond normal operations and maintenance of U.S. Army Corps of Engineers (USACE) Civil Works projects. The City of Phoenix is the local sponsor for multiple USACE Civil Works projects, including Rio Salado Phoenix and Tres Rios. In this role, the City is also the Section 408 applicant and permittee for projects in these areas. Examples of projects that require Section 408 permits include the City’s 91st Avenue Trailhead project at Tres Rios (currently awaiting its Section 408 permit) and the South Central Light Rail project within Rio Salado Phoenix. A potential upcoming project requiring a Section 408 permit is the City’s 3rd Street pedestrian bridge over the Salt River at Rio Salado Phoenix.
The USACE Los Angeles District Section 408 permitting office receives federal funding for permitting actions and these funds are regularly exhausted prior to the end of the federal fiscal year. When federal funding for permitting actions runs out, USACE staff must stop work on Section 408 permit requests, resulting in long timelines for the City to obtain necessary Section 408 permits (averaging 12-18 months). This impacts the City’s ability to properly plan for and execute projects in USACE Civil Works project areas. This may also put grant funding for projects at risk if a lack of a permit results in missing grant spending deadlines.
The USACE has indicated it is not able to expedite the evaluation of City projects for Section 408 permitting without additional resources. Therefore, the City proposes to enter into a Section 214 agreement with the USACE Los Angeles District, as authorized by the Water Resources Development Act of 2000 (P.L. 106-541), as amended, which allows non-federal public entities to provide funding to the USACE to expedite permit reviews for requests to modify, alter, or occupy completed USACE Civil Works projects under Section 408. A Section 214 agreement will provide an important avenue for the City to meet project timeframes. The City can determine which projects will be prioritized under this agreement. City project managers will have the option to refuse prioritization and proceed with the standard Section 408 permitting process and timeline.
Contract Term
The agreement would be for a five-year term beginning on or around July 1, 2022, with the potential for future extensions.
Financial Impact
The aggregate value shall not exceed $400,000 without further Council approval. A management fee of $10,000 would be provided annually to the USACE. Other than the $10,000 annual fee, funds would only be expended as priority projects are identified. Costs for expedited Section 408 permits would be provided from the budget of prioritized projects, as they are identified.
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Office of Environmental Programs.