H.R. 2030

[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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