Sec. 3. Permits for dredged or fill material
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/bill/113/hr/5077/rh/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
(a)The Secretary may issue and inserting the following: 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— ensure that the environmental review process begins 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— 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 the 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 environmental review 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 environmental review 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 (c)(1) ; and by adding at the end the following: 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 . Section 404 of such Act ( 33 U.S.C. 1344 ) is amended— in subsection
(m)by striking ninetieth day and inserting 30th day (or the 60th day if additional time is requested) ; and in subsection (q)— by striking
(q)and inserting (q)(1) ; and by adding at the end the following: The Administrator and the head of a department or agency referred to in paragraph
(1)shall each submit any comments with respect to an application for a permit under subsection
(a)or
(e)not later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit under that subsection. .
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