S. 4755

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4755 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4755

To require the Secretary of the Army, acting through the Chief of 
Engineers, to propose a new nationwide permit under the Federal Water 
Pollution Control Act for dredging projects, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 11, 2026

Mr. Lee introduced the following bill; which was read twice and 
referred to the Committee on Environment and Public Works

_______________________________________________________________________

A BILL

To require the Secretary of the Army, acting through the Chief of 
Engineers, to propose a new nationwide permit under the Federal Water 
Pollution Control Act for dredging projects, 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 ``Dredging to Ensure the Empowerment 
of Ports Act'' or the ``DEEP Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Certifying authority.--The term ``certifying 
authority'', with respect to an activity for which a 
certification is required under section 401 of the Federal 
Water Pollution Control Act (33 U.S.C. 1341) from a State or 
interstate water pollution control agency, means the State or 
interstate water pollution control agency, as applicable, from 
which the certification is requested.
(2) Dredging project.--
(A) In general.--The term ``dredging project'' 
means a project permitted or solicited by the Secretary 
that involves the dredging of a port or a navigation 
channel of a port within the navigable waters of the 
United States.
(B) Dredging of ports.--For purposes of 
subparagraph (A), a dredging project that involves the 
dredging of a port includes dredging for the purposes 
of--
(i) maintaining the port;
(ii) expanding the port; or
(iii) deepening the port up to a depth of 
60 feet.
(3) Navigable waters of the united states.--The term 
``navigable waters of the United States'' has the meaning given 
the term in section 2101 of title 46, United States Code.
(4) NWP.--The term ``NWP'' means the new nationwide permit 
required to be proposed by the Secretary under section 3(a).
(5) Permittee.--The term ``permittee'' means an individual 
or entity that proposes an activity under section 4(a)(1) to be 
carried out under the NWP.
(6) Secretary.--The term ``Secretary'' means the Secretary 
of the Army, acting through the Chief of Engineers.

SEC. 3. DREDGING PROJECT NATIONWIDE PERMIT.

(a) Proposal.--
(1) In general.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall propose a new 
nationwide permit under section 404(e) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344(e)) relating to Federal 
and non-Federal dredging projects within the navigable waters 
of the United States.
(2) Requirement.--In proposing the NWP under paragraph (1), 
the Secretary shall require each Division Engineer to propose 
regional conditions for inclusion in the NWP.
(b) Duration.--Notwithstanding section 404(e)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1344(e)(2)), the NWP shall be 
valid for a term of not more than 10 years.
(c) NEPA.--
(1) In general.--In carrying out the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) with respect to the issuing of the NWP, the Secretary or 
a cooperating agency, as applicable--
(A) shall--
(i) complete the requirements under that 
Act for the NWP not later than 2 years after 
the date on which the Secretary proposes the 
NWP under subsection (a);
(ii) subject to paragraph (2), ensure that 
there is produced, with respect to the NWP, not 
more than 1--
(I) environmental impact statement;
(II) record of decision; and
(III) if necessary, environmental 
assessment; and
(iii) consider mitigation standards and 
metrics, including standards and metrics other 
than just compensation, to ensure that the 
impacts of the NWP on the environment are 
minimal; and
(B) shall not consider--
(i) an alternative or condition of the NWP 
if it is not technically or economically 
feasible to permittees; and
(ii) an alternative to the NWP that is not 
within the jurisdiction of the Secretary or the 
cooperating agency, as applicable.
(2) Division engineers.--Each Division Engineer that 
proposes regional conditions for inclusion in the NWP under 
subsection (a)(2) may prepare not more than 1 environmental 
document required under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.).
(3) Final nwp.--The Secretary shall issue the final NWP not 
later than 60 days after the date on which the Secretary 
completes the requirements with respect to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under 
paragraph (1).
(d) State or Interstate Water Pollution Control Agency 
Certifications.--
(1) Certification required.--
(A) In general.--If, in developing the NWP, the 
Secretary is required to seek a water quality 
certification from a certifying authority under section 
401 of the Federal Water Pollution Control Act (33 
U.S.C. 1341), the certifying authority shall, within a 
reasonable period of time (which shall not exceed 14 
days) after the date on which the Secretary submits the 
certification application pursuant to that section, 
make a determination on whether or not the application 
submitted by the Secretary is complete.
(B) No response.--If a certifying authority fails 
or refuses to make a determination with respect to a 
certification application submitted pursuant to 
subparagraph (A) within the timeframe referred to in 
that subparagraph, the certification shall be 
considered to be complete.
(2) Incomplete application.--If a certifying authority 
determines that an application referred to in paragraph (1) is 
incomplete, the certifying authority shall, not later than 14 
days after that determination, issue to the Secretary a 
detailed list of items required in order for an application to 
be considered complete.
(3) Complete application.--
(A) In general.--If a certifying authority 
determines that an application referred to in paragraph 
(1) is complete, the certifying authority shall, 
notwithstanding section 401(a)(1) of the Federal Water 
Pollution Control Act (33 U.S.C. 1341(a)(1)), act on 
the application within a reasonable period of time, 
which may not exceed 1 year from the date on which the 
certifying authority determines the application is 
complete.
(B) No re-filing.--If a certifying authority 
determines that an application submitted by the 
Secretary is complete, the certifying authority may not 
require the Secretary to re-file an application for the 
same proposed activity.
(e) Permits for Dredged or Filled Material.--
(1) In general.--In carrying out the requirements under 
section 404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344) with respect to activities carried out under the 
NWP, the Secretary shall only issue guidelines that are 
technologically and economically feasible for a permittee.
(2) Certain disposal sites.--Notwithstanding section 404(c) 
of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)), 
the Administrator of the Environmental Protection Agency may 
consult with the Secretary on a defined disposal site or the 
application of guidelines, but may not--
(A) prohibit the disposal site determination made 
by the Secretary; or
(B) exercise any enforcement authority for a 
determination made by the Secretary, or against a 
permittee, in compliance with the NWP.
(f) Grant of Permission.--For purposes of the NWP, full compliance 
with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) shall be deemed to be a grant of permission under section 14(a) 
of the Act of March 3, 1899 (commonly known as the ``Rivers and Harbors 
Act of 1899'') (30 Stat. 1152, chapter 425; 33 U.S.C. 408(a)).
(g) Rule of Construction.--Nothing in this Act requires an 
additional permit under section 10 of the Act of March 3, 1899 
(commonly known as the ``Rivers and Harbors Act of 1899'') (30 Stat. 
1151, chapter 425; 33 U.S.C. 403).

SEC. 4. PROPOSED ACTIVITIES UNDER THE NATIONWIDE PERMIT.

(a) Authorized Activities.--
(1) In general.--If a permittee seeks to carry out an 
activity authorized under the NWP, the permittee shall--
(A) notify the Secretary of that proposed activity; 
and
(B) seek approval, in writing, from the Secretary 
that the proposed activity complies with the NWP.
(2) Decision.--Not later than 14 days after the date on 
which the Secretary receives a written notification from a 
permittee under paragraph (1), the Secretary shall notify the 
permittee whether or not the application of the permittee is 
complete.
(3) Incomplete application.--If the Secretary determines 
that an application submitted by a permittee under paragraph 
(1) is incomplete, the Secretary shall, not later than 14 days 
after that determination, provide to the permittee a list of 
information missing from that application in order for the 
application to be considered complete.
(4) Complete application.--
(A) In general.--If the Secretary determines that 
an application submitted by a permittee under paragraph 
(1) is complete, the Secretary shall, not later than 30 
days after that determination, approve or deny the 
proposed activity of the permittee.
(B) Denied proposed activities.--If the Secretary 
denies the proposed activity of the permittee under 
subparagraph (A), the Secretary shall, not later than 
14 days after that denial, provide to the permittee, in 
writing--
(i) a list of reasons for that 
determination; and
(ii) recommendations on how to improve the 
proposed activity to be in compliance with the 
NWP.
(5) No response.--If the Secretary does not comply with a 
deadline described in paragraph (2), (3), or (4), or fails to 
respond to an application submitted by a permittee, the 
proposed activity of the permittee, as described in that 
application, shall be deemed in compliance with the NWP.
(6) Mitigation flexibility.--In considering mitigation-
specific requirements for a proposed activity for which 
approval is sought under subsection (a)(1), the Secretary, 
acting through the applicable Division Engineer, shall have the 
flexibility to determine which mitigation is needed with 
respect to the proposed activity, on the condition that each 
mitigation requirement is--
(A) technically and economically feasible; and
(B) within the jurisdiction of the Secretary, 
acting through the applicable Division Engineer, to 
require.
(b) NEPA.--If a proposed activity for which approval is sought 
under subsection (a)(1) includes 1 or more activities that may likely 
have a significant effect on the quality of the human environment, as 
determined by the Secretary, the Secretary shall--
(1) consider whether mitigating the circumstances or 
conditions of the proposed activity is sufficient to avoid the 
significant effects on the quality of the human environment 
that may result from that circumstance or condition of that 
proposed activity; and
(2) if the Secretary determines under paragraph (1) that 
the significant effects that may likely result from the 
circumstance or condition of the proposed activity can be 
avoided, mitigate the circumstances or conditions of the 
proposed activity without--
(A) denying the proposed activity; or
(B) requiring the permittee to carry out the 
requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) for the proposed 
activity (or any portion of the proposed activity).
(c) State or Interstate Water Pollution Control Agency 
Certifications.--
(1) Certification required.--
(A) In general.--If the NWP requires a permittee to 
request a water quality certification from a certifying 
authority under section 401 of the Federal Water 
Pollution Control Act (33 U.S.C. 1341), the certifying 
authority shall, within a reasonable period of time 
(which shall not exceed 14 days) after the date on 
which the permittee submits the certification 
application pursuant to that section, make a 
determination on whether or not the application 
submitted by the permittee is complete.
(B) No response.--If a certifying authority fails 
or refuses to make a determination with respect to a 
certification application submitted pursuant to 
subparagraph (A) within the timeframe referred to in 
that subparagraph, the certification shall be 
considered to be complete.
(2) Incomplete application.--If a certifying authority 
determines that an application referred to in paragraph (1) is 
incomplete, the certifying authority shall, not later than 14 
days after that determination, issue to the permittee a 
detailed list of items required in order for an application to 
be considered complete.
(3) Complete application.--
(A) In general.--If a certifying authority 
determines that an application referred to in paragraph 
(1) is complete, the certifying authority shall, 
notwithstanding section 401(a)(1) of the Federal Water 
Pollution Control Act (33 U.S.C. 1341(a)(1)), act on 
the application within a reasonable period of time, 
which may not exceed 1 year from the date on which the 
certifying authority determines the application is 
complete.
(B) No re-filing.--If a certifying authority 
determines that an application submitted by a permittee 
is complete, the certifying agency may not require the 
permittee to re-file an application for the same 
proposed activity.

SEC. 5. DREDGING; DREDGED MATERIAL.

(a) Repeal.--
(1) In general.--Section 55109 of title 46, United States 
Code, is repealed.
(2) Conforming amendment.--The analysis for chapter 551 of 
title 46, United States Code, is amended by striking the item 
relating to section 55109.
(b) Excluding Dredged Material From Transportation Requirements.--
(1) In general.--Section 55110 of title 46, United States 
Code, is amended--
(A) in the section heading, by striking ``or 
dredged material'' and inserting ``(excluding dredged 
material)''; and
(B) by striking ``or dredged material'' and 
inserting ``(excluding dredged material)''.
(2) Conforming amendment.--The analysis for chapter 551 of 
title 46, United States Code, is amended by striking the item 
relating to section 55110 and inserting the following:

``Sec. 55110. Transportation of valueless material (excluding dredged 
material).''.
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