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[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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