Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019

To amend the Federal Water Pollution Control Act to modify the requirements for permits for dredged or fill material, and for other purposes. 1. Short title This Act may be cited as the Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019 2. Permits for dredged or fill material Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (1) in subsection (c)— (A) in the third sentence, by striking The Administrator (5) Findings The Administrator ; (B) in the second sentence, by striking Before making such determination (4) Consultation Before making a determination under paragraph (1) ; (C) by striking the subsection designation and all that follows through The Administrator (c) Prohibition of specification of areas as disposal sites (1) In general Subject to paragraph (2), the Administrator ; (D) by inserting after paragraph (1) (as so designated) the following: (2) Limitations The Administrator may not prohibit the specification of a defined area as a disposal site, or otherwise deny or restrict the use of a defined area as a disposal site— (A) if the area is or contains a project of the Secretary for flood control; (B) before an application for a permit under this section for the area has been filed; or (C) after a permit under this section for the area has been issued by the Secretary. (3) Requirements A regional office of the Administrator shall— (A) before considering a determination under paragraph (1), obtain the approval of the Administrator; and (B) before publishing notice of a proposed determination under paragraph (1) for the area of a project, review, consider, and adequately refute the findings of an environmental impact statement for the project pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 ; and (E) by adding at the end the following: (6) Immediate withdrawal of prior determinations (A) In general Notwithstanding any other provision of law, a determination made by the Administrator under paragraph (1) with respect to the area of a project that is or contains a project of the Secretary for flood control before the date of enactment of the Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019 (i) a more practicable alternative to the project has not been identified; and (ii) as a result of a delay in construction of the project, severe flooding and damage to life and property have occurred. (B) Judicial review Notwithstanding any other provision of law, an action taken by the Secretary to advance a project described in subparagraph (A) shall not be subject to judicial review. ; and (2) in subsection (r), by striking under section 307), under section 307).

Summary: Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019 This bill revises requirements for permits to discharge dredged or fill material into waters of the United States, such as wetlands. Under current law, the Environmental Protection Agency (EPA) may prohibit an area from being designated as a disposal site for dredged or fill materials when the EPA determines the discharge of those materials would have an unacceptable adverse effect on certain natural resources or wildlife. The EPA may also deny or restrict the use of an area as a disposal site when such a determination is made. This bill limits the authority of the EPA to prohibit such a designation or to restrict or deny such use. Before a permit application has been filed or after the U.S. Army Corps of Engineers has issued a permit, the EPA may not prohibit such designation or use if the area is or contains a Corps project for flood control. Further, the bill withdraws any prior determination made by the EPA for a flood control project if (1) a more practicable alternative to the projects has not been identified, and (2) severe flooding and damage to life and property have occurred as a result of a delay in construction of the project. The bill exempts from judicial review any action taken by the Corps to advance such a project. In addition, a regional office of the EPA must follow requirements specified by this bill when considering such a determination.