119-s1014

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1014 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1014

To ensure that certain permit approvals by the Environmental Protection 
 Agency have the force and effect of law, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 13, 2025

 Mrs. Moody (for herself and Mr. Scott of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Environment and Public Works

_______________________________________________________________________

 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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