I 

118TH CONGRESS 

2D SESSION H. R. 7026 

To amend the Federal Water Pollution Control Act to clarify when the 

Administrator of the Environmental Protection Agency has the authority 

to prohibit the specification of a defined area, or deny or restrict the 

use of a defined area for specification, as a disposal site under section 

404 of such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2024 

Mr. STAUBER (for himself and Mr. ROUZER) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to clarify 

when the Administrator of the Environmental Protection 

Agency has the authority to prohibit the specification 

of a defined area, or deny or restrict the use of a 

defined area for specification, as a disposal site under 

section 404 of such Act, 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 ‘‘Reducing Permitting 

5 Uncertainty Act’’. 


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1 SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. 

2 (a) IN GENERAL.—Section 404(c) of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1344(c)) is 

4 amended— 

5 (1) by striking ‘‘(c) The Administrator’’ and in6 serting the following: 

7 ‘‘(c) SPECIFICATION OR USE OF DEFINED AREA.— 

8 ‘‘(1) IN GENERAL.—The Administrator’’; 

9 (2) in paragraph (1), as so designated, by in10 serting ‘‘during the period described in paragraph 

11 (2) and’’ before ‘‘after notice and opportunity for 

12 public hearings’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(2) PERIOD OF PROHIBITION.— 

15 ‘‘(A) IN GENERAL.—The period during 

16 which the Administrator may prohibit the speci17 fication (including the withdrawal of specifica18 tion) of any defined area as a disposal site, or 

19 deny or restrict the use of any defined area for 

20 specification (including the withdrawal of speci21 fication) as a disposal site, under paragraph (1) 

22 shall— 

23 ‘‘(i) begin on the date that the Sec24 retary provides notice to the Administrator 

25 that the Secretary has completed all proce26 dures for processing an application for a 


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1 permit under this section relating to the 

2 specification and is ready to determine, in 

3 accordance with the record and applicable 

4 regulations, whether the permit should be 

5 issued; and 

6 ‘‘(ii) end on the date on which the 

7 Secretary issues the permit. 

8 ‘‘(B) MINIMUM PERIOD.—The Secretary 

9 shall ensure that the period described in sub10 paragraph (A) consists of not fewer than 30 

11 consecutive days. 

12 ‘‘(C) NOTICE.—The Secretary may issue a 

13 permit under this section only after the Sec14 retary provides notice to the Administrator in 

15 accordance with this paragraph.’’. 

16 (b) APPLICABILITY.—The amendments made by sub17 section (a) shall apply to a permit application submitted 

18 under section 404(a) of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1344(a)) after the date of enactment 

20 of this Act. 

Æ 


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