I 
118TH CONGRESS 
1ST SESSION H. R. 6708 
To require the Secretary of the Army, acting through the Chief of Engineers, 
to propose a new nationwide permit under the Federal Water Pollution 
Control Act for dredging projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2023 
Mr. MOYLAN introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To require the Secretary of the Army, acting through the 
Chief of Engineers, to propose a new nationwide permit 
under the Federal Water Pollution Control Act for 
dredging projects, 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 ‘‘Dredging to Ensure 
the Empowerment of Ports Act’’ or the ‘‘DEEP Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) CERTIFYING AUTHORITY.—The term ‘‘certi-
fying authority’’, with respect to an activity for 
which a certification is required under section 401 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1341) from a State or interstate water pollution con-
trol agency, means the State or interstate water pol-
lution control agency, as applicable, from which the 
certification is requested. 
(2) DREDGING PROJECT.— 
(A) IN
GENERAL.—The term ‘‘dredging 
project’’ means a project permitted or solicited 
by the Secretary that involves the dredging of 
a port or a navigation channel of a port within 
the navigable waters of the United States. 
(B) DREDGING OF PORTS.—For purposes 
of subparagraph (A), a dredging project that 
involves the dredging of a port includes dredg-
ing for the purposes of— 
(i) maintaining the port; 
(ii) expanding the port; or 
(iii) deepening the port up to a depth 
of 60 feet. 
(3) NAVIGABLE
WATERS
OF
THE
UNITED 
STATES.—The term ‘‘navigable waters of the United 
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States’’ has the meaning given the term in section 
2101 of title 46, United States Code. 
(4) NWP.—The term ‘‘NWP’’ means the new 
nationwide permit required to be proposed by the 
Secretary under section 3(a). 
(5) PERMITTEE.—The term ‘‘permittee’’ means 
an individual or entity that proposes an activity 
under section 4(a)(1) to be carried out under the 
NWP. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
SEC. 3. DREDGING PROJECT NATIONWIDE PERMIT. 
(a) PROPOSAL.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary 
shall propose a new nationwide permit under section 
404(e) of the Federal Water Pollution Control Act 
(33 U.S.C. 1344(e)) relating to Federal and non- 
Federal dredging projects within the navigable 
waters of the United States. 
(2) REQUIREMENT.—In proposing the NWP 
under paragraph (1), the Secretary shall require 
each Division Engineer to propose regional condi-
tions for inclusion in the NWP. 
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(b) DURATION.—Notwithstanding section 404(e)(2) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1344(e)(2)), the NWP shall be valid for a term of not 
more than 10 years. 
(c) NEPA.— 
(1) IN GENERAL.—In carrying out the require-
ments of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) with respect to the 
issuing of the NWP, the Secretary or a cooperating 
agency, as applicable— 
(A) shall— 
(i) complete the requirements under 
that Act for the NWP not later than 2 
years after the date on which the Secretary 
proposes the NWP under subsection (a); 
(ii) subject to paragraph (2), ensure 
that there is produced, with respect to the 
NWP, not more than 1— 
(I) environmental impact state-
ment; 
(II) record of decision; and 
(III) if necessary, environmental 
assessment; and 
(iii) consider mitigation standards and 
metrics, including standards and metrics 
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other than just compensation, to ensure 
that the impacts of the NWP on the envi-
ronment are minimal; and 
(B) shall not consider— 
(i) an alternative or condition of the 
NWP if it is not technically or economi-
cally feasible to permittees; and 
(ii) an alternative to the NWP that is 
not within the jurisdiction of the Secretary 
or the cooperating agency, as applicable. 
(2) DIVISION ENGINEERS.—Each Division En-
gineer that proposes regional conditions for inclusion 
in the NWP under subsection (a)(2) may prepare 
not more than 1 environmental document required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
(3) FINAL NWP.—The Secretary shall issue the 
final NWP not later than 60 days after the date on 
which the Secretary completes the requirements with 
respect to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) under paragraph (1). 
(d) STATE OR INTERSTATE WATER POLLUTION CON-
TROL AGENCY CERTIFICATIONS.— 
(1) CERTIFICATION REQUIRED.— 
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(A) IN
GENERAL.—If, in developing the 
NWP, the Secretary is required to seek a water 
quality certification from a certifying authority 
under section 401 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1341), the certi-
fying authority shall, within a reasonable period 
of time (which shall not exceed 14 days) after 
the date on which the Secretary submits the 
certification application pursuant to that sec-
tion, make a determination on whether or not 
the application submitted by the Secretary is 
complete. 
(B) NO RESPONSE.—If a certifying author-
ity fails or refuses to make a determination 
with respect to a certification application sub-
mitted pursuant to subparagraph (A) within the 
timeframe referred to in that subparagraph, the 
certification shall be considered to be complete. 
(2) INCOMPLETE APPLICATION.—If a certifying 
authority determines that an application referred to 
in paragraph (1) is incomplete, the certifying au-
thority shall, not later than 14 days after that deter-
mination, issue to the Secretary a detailed list of 
items required in order for an application to be con-
sidered complete. 
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(3) COMPLETE APPLICATION.— 
(A) IN GENERAL.—If a certifying authority 
determines that an application referred to in 
paragraph (1) is complete, the certifying au-
thority shall, notwithstanding section 401(a)(1) 
of the Federal Water Pollution Control Act (33 
U.S.C. 1341(a)(1)), act on the application with-
in a reasonable period of time, which may not 
exceed 1 year from the date on which the certi-
fying authority determines the application is 
complete. 
(B) NO RE-FILING.—If a certifying author-
ity determines that an application submitted by 
the Secretary is complete, the certifying author-
ity may not require the Secretary to re-file an 
application for the same proposed activity. 
(e) PERMITS
FOR DREDGED
OR FILLED MATE-
RIAL.— 
(1) IN GENERAL.—In carrying out the require-
ments under section 404 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1344) with respect to 
activities carried out under the NWP, the Secretary 
shall only issue guidelines that are technologically 
and economically feasible for a permittee. 
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(2) 
CERTAIN
DISPOSAL
SITES.—Notwith-
standing section 404(c) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1344(c)), the Adminis-
trator of the Environmental Protection Agency may 
consult with the Secretary on a defined disposal site 
or the application of guidelines, but may not— 
(A) prohibit the disposal site determination 
made by the Secretary; or 
(B) exercise any enforcement authority for 
a determination made by the Secretary, or 
against a permittee, in compliance with the 
NWP. 
(f) GRANT OF PERMISSION.—For purposes of the 
NWP, full compliance with section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) shall be 
deemed to be a grant of permission under section 14(a) 
of the Act of March 3, 1899 (commonly known as the 
‘‘Rivers and Harbors Act of 1899’’) (30 Stat. 1152, chap-
ter 425; 33 U.S.C. 408(a)). 
(g) RULE OF CONSTRUCTION.—Nothing in this Act 
requires an additional permit under section 10 of the Act 
of March 3, 1899 (commonly known as the ‘‘Rivers and 
Harbors Act of 1899’’) (30 Stat. 1151, chapter 425; 33 
U.S.C. 403). 
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SEC. 4. PROPOSED ACTIVITIES UNDER THE NATIONWIDE 
PERMIT. 
(a) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—If a permittee seeks to carry 
out an activity authorized under the NWP, the per-
mittee shall— 
(A) notify the Secretary of that proposed 
activity; and 
(B) seek approval, in writing, from the 
Secretary that the proposed activity complies 
with the NWP. 
(2) DECISION.—Not later than 14 days after 
the date on which the Secretary receives a written 
notification from a permittee under paragraph (1), 
the Secretary shall notify the permittee whether or 
not the application of the permittee is complete. 
(3) INCOMPLETE
APPLICATION.—If the Sec-
retary determines that an application submitted by 
a permittee under paragraph (1) is incomplete, the 
Secretary shall, not later than 14 days after that de-
termination, provide to the permittee a list of infor-
mation missing from that application in order for 
the application to be considered complete. 
(4) COMPLETE APPLICATION.— 
(A) IN GENERAL.—If the Secretary deter-
mines that an application submitted by a per-
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mittee under paragraph (1) is complete, the 
Secretary shall, not later than 30 days after 
that determination, approve or deny the pro-
posed activity of the permittee. 
(B) DENIED
PROPOSED
ACTIVITIES.—If 
the Secretary denies the proposed activity of the 
permittee under subparagraph (A), the Sec-
retary shall, not later than 14 days after that 
denial, provide to the permittee, in writing— 
(i) a list of reasons for that deter-
mination; and 
(ii) recommendations on how to im-
prove the proposed activity to be in compli-
ance with the NWP. 
(5) NO RESPONSE.—If the Secretary does not 
comply with a deadline described in paragraph (2), 
(3), or (4), or fails to respond to an application sub-
mitted by a permittee, the proposed activity of the 
permittee, as described in that application, shall be 
deemed in compliance with the NWP. 
(6) MITIGATION FLEXIBILITY.—In considering 
mitigation-specific requirements for a proposed ac-
tivity for which approval is sought under subsection 
(a)(1), the Secretary, acting through the applicable 
Division Engineer, shall have the flexibility to deter-
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mine which mitigation is needed with respect to the 
proposed activity, on the condition that each mitiga-
tion requirement is— 
(A) technically and economically feasible; 
and 
(B) within the jurisdiction of the Sec-
retary, acting through the applicable Division 
Engineer, to require. 
(b) NEPA.—If a proposed activity for which approval 
is sought under subsection (a)(1) includes 1 or more ac-
tivities that may likely have a significant effect on the 
quality of the human environment, as determined by the 
Secretary, the Secretary shall— 
(1) consider whether mitigating the cir-
cumstances or conditions of the proposed activity is 
sufficient to avoid the significant effects on the qual-
ity of the human environment that may result from 
that circumstance or condition of that proposed ac-
tivity; and 
(2) if the Secretary determines under para-
graph (1) that the significant effects that may likely 
result from the circumstance or condition of the pro-
posed activity can be avoided, mitigate the cir-
cumstances or conditions of the proposed activity 
without— 
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(A) denying the proposed activity; or 
(B) requiring the permittee to carry out 
the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
the proposed activity (or any portion of the pro-
posed activity). 
(c) STATE OR INTERSTATE WATER POLLUTION CON-
TROL AGENCY CERTIFICATIONS.— 
(1) CERTIFICATION REQUIRED.— 
(A) IN GENERAL.—If the NWP requires a 
permittee to request a water quality certifi-
cation from a certifying authority under section 
401 of the Federal Water Pollution Control Act 
(33 U.S.C. 1341), the certifying authority shall, 
within a reasonable period of time (which shall 
not exceed 14 days) after the date on which the 
permittee submits the certification application 
pursuant to that section, make a determination 
on whether or not the application submitted by 
the permittee is complete. 
(B) NO RESPONSE.—If a certifying author-
ity fails or refuses to make a determination 
with respect to a certification application sub-
mitted pursuant to subparagraph (A) within the 
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timeframe referred to in that subparagraph, the 
certification shall be considered to be complete. 
(2) INCOMPLETE APPLICATION.—If a certifying 
authority determines that an application referred to 
in paragraph (1) is incomplete, the certifying au-
thority shall, not later than 14 days after that deter-
mination, issue to the permittee a detailed list of 
items required in order for an application to be con-
sidered complete. 
(3) COMPLETE APPLICATION.— 
(A) IN GENERAL.—If a certifying authority 
determines that an application referred to in 
paragraph (1) is complete, the certifying au-
thority shall, notwithstanding section 401(a)(1) 
of the Federal Water Pollution Control Act (33 
U.S.C. 1341(a)(1)), act on the application with-
in a reasonable period of time, which may not 
exceed 1 year from the date on which the certi-
fying authority determines the application is 
complete. 
(B) NO RE-FILING.—If a certifying author-
ity determines that an application submitted by 
a permittee is complete, the certifying agency 
may not require the permittee to re-file an ap-
plication for the same proposed activity. 
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SEC. 5. DREDGING; DREDGED MATERIAL. 
(a) REPEAL.— 
(1) IN GENERAL.—Section 55109 of title 46, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 551 of title 46, United States Code, is 
amended by striking the item relating to section 
55109. 
(b) EXCLUDING DREDGED MATERIAL FROM TRANS-
PORTATION REQUIREMENTS.— 
(1) IN GENERAL.—Section 55110 of title 46, 
United States Code, is amended— 
(A) in the section heading, by striking ‘‘OR 
DREDGED
MATERIAL’’ and inserting ‘‘(EX-
CLUDING DREDGED MATERIAL)’’; and 
(B) by striking ‘‘or dredged material’’ and 
inserting ‘‘(excluding dredged material)’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 551 of title 46, United States Code, is 
amended by striking the item relating to section 
55110 and inserting the following: 
‘‘Sec. 55110. Transportation of valueless material (excluding dredged mate-
rial).’’. 
Æ 
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