Section 1 Short title
This Act may be cited as the “Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019”.
Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019
A BILL
To amend the Federal Water Pollution Control Act to modify the requirements for permits for dredged or fill material, and for other purposes.
Sec. 2 Permits for dredged or fill material
Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended—
in subsection (c)—
in the third sentence, by striking “The Administrator” and inserting the following:
“(5) Findings—The Administrator”
in the second sentence, by striking “Before making such determination” and inserting the following:
“(4) Consultation—Before making a determination under paragraph (1)”
by striking the subsection designation and all that follows through “The Administrator” in the first sentence and inserting the following:
“(c) Prohibition of specification of areas as disposal sites
“(1) In general—Subject to paragraph (2), the Administrator”
by inserting after paragraph (1) (as so designated) the following:
“(2) Limitations—The Administrator may not prohibit the specification of a defined area as a disposal site, or otherwise deny or restrict the use of a defined area as a disposal site—
“(A) if the area is or contains a project of the Secretary for flood control;
“(B) before an application for a permit under this section for the area has been filed; or
“(C) after a permit under this section for the area has been issued by the Secretary.
“(3) Requirements—A regional office of the Administrator shall—
“(A) before considering a determination under paragraph (1), obtain the approval of the Administrator; and
“(B) before publishing notice of a proposed determination under paragraph (1) for the area of a project, review, consider, and adequately refute the findings of an environmental impact statement for the project pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”
by adding at the end the following:
“(6) Immediate withdrawal of prior determinations
“(A) In general—Notwithstanding any other provision of law, a determination made by the Administrator under paragraph (1) with respect to the area of a project that is or contains a project of the Secretary for flood control before the date of enactment of the Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019 shall no longer apply if—
“(i) a more practicable alternative to the project has not been identified; and
“(ii) as a result of a delay in construction of the project, severe flooding and damage to life and property have occurred.
“(B) Judicial review—Notwithstanding any other provision of law, an action taken by the Secretary to advance a project described in subparagraph (A) shall not be subject to judicial review.”
in subsection (r), by striking “under section 307),” and all that follows through the period at the end and inserting “under section 307).”.