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Code · BILL · 117th Congress · S. 3355 (Introduced in Senate) — To require the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit under... · Sec. 3

Sec. 3. Dredging project nationwide permit

817 words·~4 min read·/bill/117/s/3355/is/section-3·

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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. In proposing the NWP under paragraph (1), the Secretary shall require each Division Engineer to propose regional conditions for inclusion in the NWP. 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.
In carrying out the requirements 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— shall— 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); subject to paragraph (2), ensure that there is produced, with respect to the NWP, not more than 1— environmental impact statement; record of decision; and if necessary, environmental assessment; and consider mitigation standards and metrics, including standards and metrics other than just compensation, to ensure that the impacts of the NWP on the environment are minimal; and shall not consider— an alternative or condition of the NWP if it is not technically or economically feasible to permittees; and an alternative to the NWP that is not within the jurisdiction of the Secretary or the cooperating agency, as applicable.
Each Division Engineer 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. ). 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).
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 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 Secretary submits the certification application pursuant to that section, make a determination on whether or not the application submitted by the Secretary is complete.
If a certifying authority fails or refuses to make a determination with respect to a certification application submitted pursuant to subparagraph
(A)within the timeframe referred to in that subparagraph, the certification shall be considered to be complete. If a certifying authority determines that an application referred to in paragraph
(1)is incomplete, the certifying authority shall, not later than 14 days after that determination, issue to the Secretary a detailed list of items required in order for an application to be considered complete. If a certifying authority determines that an application referred to in paragraph
(1)is complete, the certifying authority shall, notwithstanding section 401(a)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1341(a)(1) ), act on the application within a reasonable period of time, which may not exceed 1 year from the date on which the certifying authority determines the application is complete. If a certifying authority determines that an application submitted by the Secretary is complete, the certifying authority may not require the Secretary to re-file an application for the same proposed activity. In carrying out the requirements under section 404 of the Federal Water Pollution 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. Notwithstanding section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ), the Administrator of the Environmental Protection Agency may consult with the Secretary on a defined disposal site or the application of guidelines, but may not— prohibit the disposal site determination made by the Secretary; or exercise any enforcement authority for a determination made by the Secretary, or against a permittee, in compliance with the NWP. 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, chapter 425; 33 U.S.C. 408(a) ). 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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cites case law
Sec. 3
Dredging project nationwide permit
U.S.C.§ 1344
U.S.C.§ 4321
U.S.C.§ 1341
Stat.Public Law 311
U.S.C.§ 408
Stat.Public Law 445
U.S.C.§ 403
Cites 7Cited by 0 across 0 sources
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