II 

118TH CONGRESS 

2D SESSION S. 4162 

To ensure that certain permit approvals by the Environmental Protection 

Agency have the force and effect of law, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2024 

Mr. RUBIO (for himself and Mr. SCOTT of Florida) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

To ensure that certain permit approvals by the Environmental Protection Agency have the force and effect of 

law, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maintaining Coopera5 tive Permitting Act of 2024’’. 

6 SEC. 2. STATE DISCHARGE OF DREDGED OR FILL MATE7 RIAL PROGRAMS. 

8 (a) WITHDRAWAL OF APPROVAL WITHOUT CON9 GRESSIONAL AUTHORIZATION PROHIBITED.— 


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1 (1) IN GENERAL.—The permit programs de2 scribed in paragraph (2) are ratified, approved, and 

3 of full force and effect, and the Administrator of the 

4 Environmental Protection Agency (referred to in 

5 this section as the ‘‘Administrator’’) may not with6 draw the approval of those permit programs unless 

7 the withdrawal is expressly authorized by an Act of 

8 Congress enacted after the date of enactment of this 

9 Act. 

10 (2) PERMIT PROGRAMS DESCRIBED.—The per11 mit programs referred to in paragraph (1) are the 

12 following State permit programs for the discharge of 

13 dredged or fill material approved under section 404 

14 of the Federal Water Pollution Control Act (33 

15 U.S.C. 1344): 

16 (A) The program of the State of Michigan, 

17 approved in the notice of the Environmental 

18 Protection Agency entitled ‘‘Michigan Depart19 ment of Natural Resources Section 404 Permit 

20 Program Approval’’ (49 Fed. Reg. 38947 (Oc21 tober 2, 1984)) and as described in section 

22 233.70 of title 40, Code of Federal Regulations 

23 (including any updates to the program de24 scribed in a successor Federal Register notice). 


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1 (B) The program of the State of New Jer2 sey, approved in the final rule and notice of the 

3 Environmental Protection Agency entitled 

4 ‘‘New Jersey Department of Environmental 

5 Protection and Energy Section 404 Permit Pro6 gram Approval’’ (59 Fed. Reg. 9933 (March 2, 

7 1994)) and as described in section 233.71 of 

8 title 40, Code of Federal Regulations (including 

9 any updates to the program described in a suc10 cessor Federal Register notice). 

11 (C) The program of the State of Florida, 

12 as described in the notice of the Environmental 

13 Protection Agency entitled ‘‘EPA’s Approval of 

14 Florida’s Clean Water Act Section 404 As15 sumption Request’’ (85 Fed. Reg. 83553 (De16 cember 22, 2020)) (including any updates to 

17 the program described in a successor Federal 

18 Register notice), including the Programmatic 

19 Biological Opinion with Incidental Take State20 ment associated with the program. 

21 (3) SAVINGS PROVISION.—Nothing in this sub22 section prohibits the Administrator, in accordance 

23 with section 404(i) of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1344(i)), from withdrawing 

25 approval of a permit program described in paraVerDate Sep 11 2014 22:15 May 02, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4162.IS S4162

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1 graph (2) if the Administrator determines that a 

2 State is not administering the permit program as 

3 approved. 

4 (b) CLARIFICATION OF PROCESS.—Section 404(h) of 

5 the Federal Water Pollution Control Act (33 U.S.C. 

6 1344(h)) is amended by adding at the end the following: 

7 ‘‘(6) NOT A RULE OR REGULATION.—The ap8 proval of a State permit program under this section 

9 shall not be considered to be a rule or regulation.’’. 

Æ 


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