[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8101 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8101
To ensure that certain permit approvals by the Environmental Protection
Agency have the force and effect of law, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2024
Mr. Bean of Florida (for himself, Mr. Webster of Florida, Mr. Donalds,
Mr. Gimenez, Mrs. Cammack, Mr. Waltz, Mr. Rutherford, and Mr. Mast)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To ensure that certain permit approvals by the Environmental Protection
Agency have the force and effect of law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maintaining Cooperative Permitting
Act of 2024''.
SEC. 2. STATE DISCHARGE OF DREDGED OR FILL MATERIAL PROGRAMS.
(a) Withdrawal of Approval Without Congressional Authorization
Prohibited.--
(1) In general.--The permit programs described in paragraph
(2) are ratified, approved, and of full force and effect, and
the Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') may not
withdraw the approval of those permit programs unless the
withdrawal is expressly authorized by an Act of Congress
enacted after the date of enactment of this Act.
(2) Permit programs described.--The permit programs
referred to in paragraph (1) are the following State permit
programs for the discharge of dredged or fill material approved
under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344):
(A) The program of the State of Michigan, approved
in the notice of the Environmental Protection Agency
entitled ``Michigan Department of Natural Resources
Section 404 Permit Program Approval'' (49 Fed. Reg.
38947 (October 2, 1984)) and as described in section
233.70 of title 40, Code of Federal Regulations
(including any updates to the program described in a
successor Federal Register notice).
(B) The program of the State of New Jersey,
approved in the final rule and notice of the
Environmental Protection Agency entitled ``New Jersey
Department of Environmental Protection and Energy
Section 404 Permit Program Approval'' (59 Fed. Reg.
9933 (March 2, 1994)) and as described in section
233.71 of title 40, Code of Federal Regulations
(including any updates to the program described in a
successor Federal Register notice).
(C) The program of the State of Florida, as
described in the notice of the Environmental Protection
Agency entitled ``EPA's Approval of Florida's Clean
Water Act Section 404 Assumption Request'' (85 Fed.
Reg. 83553 (December 22, 2020)) (including any updates
to the program described in a successor Federal
Register notice), including the Programmatic Biological
Opinion with Incidental Take Statement associated with
the program.
(3) Savings provision.--Nothing in this subsection
prohibits the Administrator, in accordance with section 404(i)
of the Federal Water Pollution Control Act (33 U.S.C. 1344(i)),
from withdrawing approval of a permit program described in
paragraph (2) if the Administrator determines that a State is
not administering the permit program as approved.
(b) Clarification of Process.--Section 404(h) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(h)) is amended by adding at the
end the following:
``(6) Not a rule or regulation.--The approval of a State
permit program under this section shall not be considered to be
a rule or regulation.''.
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