Section 1 Short title
This Act may be cited as the “Restore Florida Water Independence Act of 2026”.
Restore Florida Water Independence Act of 2026
A BILL
To provide that compliance with a certain biological opinion is deemed to be compliance with the requirements of the Endangered Species Act of 1973 for purposes of a certain agency action, and for other purposes.
Sec. 2 Compliance with biological opinion related to dredge and fill permitting program
In general— For purposes of the Agency Action—
the Biological Opinion is deemed to be compliant with, and compliance with the Biological Opinion is deemed to be compliance with, the requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
no additional consultation under section 7(a) of that Act (16 U.S.C. 1536(a)) is required.
Definitions— In this section:
Agency Action— The term Agency Action—
means the approval by the Administrator of the Environmental Protection Agency of the request of the State of Florida for the assumption by the State of Florida of the administration and permitting of a State permit program under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), as described in the notice published by the Environmental Protection Agency titled “EPA’s Approval of Florida’s Clean Water Act Section 404 Assumption Request” (December 22, 2020; 85 Fed. Reg. 83553); and
includes other activities.
Biological Opinion— The term Biological Opinion—
means the programmatic biological opinion issued by the United States Fish and Wildlife Service titled “Programmatic Biological Opinion for Environmental Protection Agency’s Approval of FDEP’s Assumption of the Administration of the Dredge and Fill Permitting Program under Section 404 of the Clean Water Act” (dated November 17, 2020; FWS Log #: 04E00000–2021–F–0001; 04E00000–2021–B–0001); and
includes the incidental take statement described in pages 69 through 73 of the programmatic biological opinion.
Other activities— The term other activities has the meaning given the term in the glossary of the Biological Opinion.