I 
119TH CONGRESS 
1ST SESSION H. R. 2030 
To ensure that certain permit approvals by the Environmental Protection 
Agency have the force and effect of law, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2025 
Mr. BEAN of Florida introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To ensure that certain permit approvals by the Environ-
mental Protection Agency have the force and effect of 
law, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Maintaining Coopera-
tive Permitting Act of 2025’’. 
SEC. 2. STATE DISCHARGE OF DREDGED OR FILL MATE-
RIAL PROGRAMS. 
(a) WITHDRAWAL
OF APPROVAL WITHOUT CON-
GRESSIONAL AUTHORIZATION PROHIBITED.— 
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(1) IN
GENERAL.—The permit programs de-
scribed in paragraph (2) are ratified, approved, and 
of full force and effect, and the Administrator of the 
Environmental Protection Agency (referred to in 
this section as the ‘‘Administrator’’) may not with-
draw the approval of those permit programs, includ-
ing through the process described in section 404(i) 
of the Federal Water Pollution Control Act (33 
U.S.C. 1344(i)), unless the withdrawal is expressly 
authorized by an Act of Congress enacted after the 
date of enactment of this Act. 
(2) PERMIT PROGRAMS DESCRIBED.—The per-
mit programs referred to in paragraph (1) are the 
following State permit programs for the discharge of 
dredged or fill material approved under section 404 
of the Federal Water Pollution Control Act (33 
U.S.C. 1344): 
(A) The program of the State of Michigan, 
approved in the notice of the Environmental 
Protection Agency entitled ‘‘Michigan Depart-
ment of Natural Resources Section 404 Permit 
Program Approval’’ (49 Fed. Reg. 38947 (Oc-
tober 2, 1984)) and as described in section 
233.70 of title 40, Code of Federal Regulations 
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(including any updates to the program de-
scribed in a successor Federal Register notice). 
(B) The program of the State of New Jer-
sey, approved in the final rule and notice of the 
Environmental 
Protection 
Agency 
entitled 
‘‘New Jersey Department of Environmental 
Protection and Energy Section 404 Permit Pro-
gram Approval’’ (59 Fed. Reg. 9933 (March 2, 
1994)) and as described in section 233.71 of 
title 40, Code of Federal Regulations (including 
any updates to the program described in a suc-
cessor Federal Register notice). 
(C) The program of the State of Florida, 
as described in the notice of the Environmental 
Protection Agency entitled ‘‘EPA’s Approval of 
Florida’s Clean Water Act Section 404 As-
sumption Request’’ (85 Fed. Reg. 83553 (De-
cember 22, 2020)) (including any updates to 
the program described in a successor Federal 
Register notice), including the Programmatic 
Biological Opinion with Incidental Take State-
ment associated with the program. 
(3) PROGRAM
TRANSITION
PERIOD.—During 
the 90-day period beginning on the date of enact-
ment of this Act, the Secretary of the Army, acting 
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through the Chief of Engineers (referred to in this 
section as the ‘‘Secretary’’), and the State of Florida 
may both issue permits authorized under the pro-
gram described in paragraph (2)(C) into navigable 
waters (as described in subsection 404(g)(1) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344(g)(1))) within the jurisdiction of the State of 
Florida. 
(4) APPROVAL
OF
COMPARABLE
STATE
PRO-
GRAMS.— 
(A) IN
GENERAL.—If the Administrator 
determines that a State program submitted 
under subsection (g)(1) of section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344) is comparable to a State program de-
scribed in any of subparagraphs (A) through 
(C) of paragraph (2), the Administrator shall 
make the determination described in subsection 
(h)(2)(A) of that section with respect to that 
program. 
(B) NOTIFICATION.—On making the deter-
mination required under subparagraph (A), the 
Administrator shall notify the Secretary and the 
applicable State of that determination. 
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(C) SUSPENSION.—On notification from 
the Administrator under subparagraph (B) and 
from a State that the State has begun to ad-
minister a program approved pursuant to sub-
paragraph (A), the Secretary shall suspend the 
issuance of permits under subsections (a) and 
(e) of section 404 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1344) for activities 
with respect to which a permit may be issued 
by the State under that program. 
(b) CLARIFICATION OF PROCESS.—Section 404(h) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1344(h)) is amended by adding at the end the following: 
‘‘(6) NOT A RULE OR REGULATION.—The ap-
proval of a State permit program under this section 
shall not be considered to be a rule or regulation.’’. 
Æ 
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