Title: Flood Reduction, Wildlife Habitat, and Water Quality Improvement Act of 2019
Policy area: Environmental Protection

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2410 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2410

    To amend the Federal Water Pollution Control Act to modify the 
 requirements for permits for dredged or fill material, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

 Mrs. Hyde-Smith (for herself and Mr. Wicker) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Water Pollution Control Act to modify the 
 requirements for permits for dredged or fill material, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flood Reduction, Wildlife Habitat, 
and Water Quality Improvement Act of 2019''.

SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended--
            (1) in subsection (c)--
                    (A) in the third sentence, by striking ``The 
                Administrator'' and inserting the following:
            ``(5) Findings.--The Administrator'';
                    (B) in the second sentence, by striking ``Before 
                making such determination'' and inserting the 
                following:
            ``(4) Consultation.--Before making a determination under 
        paragraph (1)'';
                    (C) by striking the subsection designation and all 
                that follows through ``The Administrator'' in the first 
                sentence and inserting the following:
    ``(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 et seq.).''; 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 shall no longer 
                apply if--
                            ``(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),'' 
        and all that follows through the period at the end and 
        inserting ``under section 307).''.
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