[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2030 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2030
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
March 11, 2025
Mr. Bean of Florida 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 2025''.
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, including
through the process described in section 404(i) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(i)), 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) Program transition period.--During the 90-day period
beginning on the date of enactment of this Act, the Secretary
of the Army, acting through the Chief of Engineers (referred to
in this section as the ``Secretary''), and the State of Florida
may both issue permits authorized under the program described
in paragraph (2)(C) into navigable waters (as described in
subsection 404(g)(1) of the Federal Water Pollution Control Act
(33 U.S.C. 1344(g)(1))) within the jurisdiction of the State of
Florida.
(4) Approval of comparable state programs.--
(A) In general.--If the Administrator determines
that a State program submitted under subsection (g)(1)
of section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344) is comparable to a State program
described in any of subparagraphs (A) through (C) of
paragraph (2), the Administrator shall make the
determination described in subsection (h)(2)(A) of that
section with respect to that program.
(B) Notification.--On making the determination
required under subparagraph (A), the Administrator
shall notify the Secretary and the applicable State of
that determination.
(C) Suspension.--On notification from the
Administrator under subparagraph (B) and from a State
that the State has begun to administer a program
approved pursuant to subparagraph (A), the Secretary
shall suspend the issuance of permits under subsections
(a) and (e) of section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) for activities
with respect to which a permit may be issued by the
State under that program.
(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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