Section 1 Short title
This Act may be cited as the “Maintaining Cooperative Permitting Act of 2024”.
Maintaining Cooperative Permitting Act of 2024
A BILL
To ensure that certain permit approvals by the Environmental Protection Agency have the force and effect of law, and for other purposes.
Sec. 2 State discharge of dredged or fill material programs
Withdrawal of approval without congressional authorization prohibited—
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.
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):
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).
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).
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.
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.
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.”