Summary#
This bill creates the "Waterway Permit Section 404 Assignment program." The Secretary of the Army (through the Chief of Engineers) and the Administrator of the Environmental Protection Agency must set up the program within 60 days of enactment. Under written agreements, a State may assume the Secretary's permitting responsibilities under Clean Water Act section 404 for one or more covered projects. "Covered projects" are defined as highway, railroad, or public transportation projects. A State that assumes responsibility must follow the same procedural and substantive requirements that would apply if the Secretary carried out the work, and may also take on related reviews such as NEPA, Endangered Species Act consultations, and certain Rivers and Harbors Act permitting to the extent needed for a covered project.
What it means for you#
- State officials: Any State may apply and, if approved, sign a written agreement (by the Governor or top transportation official) to carry out section 404 permitting for specified covered projects. The agreement term is generally up to 5 years (10 years in some cases) and is renewable. States must provide public notice before applying and must certify they have legal authority and financial resources to carry out the work.
- Project sponsors and local governments: A State that has authority may exercise it for locally administered projects on request, or provide guidance and training to local sponsors.
- Federal agencies: The Secretary keeps responsibility for any authorities not explicitly assumed by a State. The Secretary may intervene in legal actions involving a State's duties under the program.
- The public: The law requires public notice when a State applies, and audits of State performance must be provided for public comment.
Expenses#
- The bill allows a State assuming responsibilities for a specific covered project to use funds apportioned under 23 U.S.C. 104(b)(2) for attorneys' fees directly tied to eligible activities for that project, including paying fees awarded under 28 U.S.C. 2412.
- The text includes requirements for audits, monitoring, and annual reports to Congress but does not provide budgetary figures or estimates for federal or State costs.
- No publicly available information on overall costs or funding levels for implementing the program beyond the specific attorneys' fees provision.
Proponents' View#
No publicly available information.
Opponents' View#
No publicly available information.