Sec. 3. Permits for dredged or fill material
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/bill/113/hr/1829/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 404(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(a) ) is amended— by striking the section heading and all that follows through and inserting the following: Sec . 404.
(a)The Secretary may issue The Secretary may issue ; and by adding at the end the following: Except as provided in clause (ii), if an environmental assessment or environmental impact statement, as appropriate, is required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Secretary shall— begin the process not later than 90 days after the date on which the Secretary receives a permit application; and approve or deny an application for a permit under this subsection not later than the latter of— if an agency carries out an environmental assessment that leads to a finding of no significant impact, the date on which the finding of no significant impact is issued; or if an agency carries out an environmental assessment that leads to a record of decision, 15 days after the date on which the record of decision on an environmental impact statement is issued. Notwithstanding clause (i), regardless of whether the Secretary has commenced an environmental assessment or environmental impact statement by the date described in clause (i)(I), the following deadlines shall apply: An environmental assessment carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be completed not later than 1 year after the deadline for commencing the permit process under clause (i)(I). An environmental impact statement carried out under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be completed not later than 2 years after the deadline for commencing the permit process under clause (i)(I). If the Secretary fails to act by the deadline specified in clause
(i)or
(ii)of subparagraph (A)— the application, and the permit requested in the application, shall be considered to be approved; the Secretary shall issue a permit to the applicant; and the permit shall not be subject to judicial review. . Section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ) is amended by striking
(c)and inserting the following: Until such time as the Secretary has issued a permit under this section, the Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administrator shall consult with the Secretary. The Administrator shall set forth in writing and make public his findings and his reasons for making any determination under this subsection. Paragraph
(1)shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator’s determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1). . The first sentence of section 404(g)(1) of such Act ( 33 U.S.C. 1344(g)(1) ) is amended by striking for the discharge and inserting for some or all of the discharges .
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