DEEP Act Dredging Permit Reform

Full Title:
DEEP Act

Summary#

This bill requires the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit (NWP) under the Clean Water Act for dredging projects in navigable waters. A "dredging project" includes maintaining, expanding, or deepening a port (up to 60 feet). The Secretary must propose the NWP within 60 days of enactment, and the NWP may be valid for up to 10 years. Division Engineers must propose regional conditions for the NWP.

The bill sets deadlines and procedures for environmental review under NEPA: the lead agency must complete NEPA requirements for the NWP within 2 years of proposal and produce no more than one environmental impact statement, record of decision, and, if needed, one environmental assessment. Division Engineers may prepare at most one NEPA document each. The Secretary must issue the final NWP within 60 days after completing NEPA requirements.

The bill sets timelines and rules for water quality certifications under Clean Water Act section 401. A certifying authority must decide whether an application is complete within 14 days of receiving it; if the authority does not respond, the application is considered complete. Once an application is complete, the certifying authority must act on it within 1 year. If the certifying authority says the application is incomplete, it must provide a detailed list of missing items within 14 days.

For activities authorized under the NWP, permittees must notify the Secretary and seek written approval. The Secretary must tell a permittee within 14 days if the permit application is complete, and must approve or deny complete applications within 30 days. If the Secretary misses required deadlines or does not respond, the proposed activity is deemed in compliance with the NWP. The Secretary (through Division Engineers) has discretion to set mitigation requirements that are technically and economically feasible and within the Secretary's jurisdiction.

The bill limits certain EPA actions related to disposal sites for dredged material: the EPA Administrator may consult with the Secretary about a defined disposal site or guidelines but may not prohibit the Secretary's disposal-site determination or exercise enforcement authority against a Secretary determination or a permittee acting in compliance with the NWP. The bill also states that full compliance with Clean Water Act section 404 is deemed to be a grant of permission under the Rivers and Harbors Act section 14(a), and it says the bill does not require an additional Rivers and Harbors Act section 10 permit. Finally, the bill repeals 46 U.S.C. 55109 and amends chapter 551 wording to exclude dredged material from certain transportation requirements.

What it means for you#

  • Port authorities, navigation interests, and contractors: the bill would create a single nationwide permit for many port dredging projects, with set timelines for approvals and regional conditions from Division Engineers.
  • State and interstate water quality agencies: the bill requires quick completeness decisions (within 14 days) and sets a 1-year limit to act on complete certification applications.
  • Permit applicants: if the Secretary or certifying authorities miss deadlines in the bill, applications or proposed activities can be treated as compliant under the NWP.
  • Environmental agencies: the bill narrows some review and enforcement interactions for disposal-site decisions by limiting EPA authority in certain cases described in the bill text.

Expenses#

No publicly available information. The bill text does not include estimates of costs, budgetary effects, or funding sources.

Proponents' View#

The bill frames its purpose in the title and text as enabling and streamlining dredging of ports and navigation channels by creating a new nationwide permit, setting firm timelines for decisions, allowing regional conditions, and clarifying interactions among agencies. The bill emphasizes timely NEPA review, predictable certification timelines, and mitigation that is technically and economically feasible.

Opponents' View#

No publicly available information. The bill text does not include statements from opposing parties or formal objections.